Archive for the 'War on Drugs' Category

Ending State violence against women in prostitution in San Francisco

Friday, October 24th, 2008

Last year, a dangerous California street gang rolled up on 1,583 women and abducted them off the streets of San Francisco, tied them up, and held them against their will for days or weeks at a time. Some were robbed of money and then let go. Others were held in specially-constructed dungeons for as long as half a year before they were allowed to see the light of day again.

There has been little notice of this massive wave of violence against women in the malestream media, and little outcry, even though this same gang is still active, and is on track to abduct a similar number of women this year. Part of the reason for the neglect of this story is the fact that the 1,583 women were women in prostitution, or suspected of being in prostitution and all too many people (by which I mainly mean men, and by which I mainly mean pols, lawyers and cops) figure that assaults and disappearances are just business as usual for women in the sex trade, something that can be stamped N.H.I. and shrugged off with a blink.

The other part of the reason is that the street gang’s colors are blue, and they all carry badges, and they call these abductions arrests, the imprisonment pretrial detention or a sentence, and, even though the women they target and grab off the street through force or intimidation are just doing a job for willing customers, and threatening or attacking exactly no-one, these gangsters can count on the biggest racket of all — the protection racket known as the State — to get their back, to claim their violence is justified because it is carried out under color of The Law (as if that were somehow immune to question or challenge), and to put out well-paid mouthpieces who will insist, with a completely straight face, that when women in prostitution are being forcibly hauled off, arrested, cited, fined, jailed, and generally subjected to an attempt to forcibly destroy their livelihood, the people (mostly men) who are doing all this are actually doing it for the women’s own good.

In fact these rationalizations are no better than — really, no different from — the rationalizations that every abusive man in the world uses to pass off their controlling behavior and violence against their women as if they were expressions of love. The male-dominated State is nothing more than an abusive sociopath writ large — one that can attack women by the thousands or by the millions, and one with armies and dungeons and trillions of dollars at its disposal.

As I said last December 17th:

Any serious commitment to freedom for, and an end to violence against, women, means a serious commitment to ending violence against women who work in the sex industry. All of it. Immediately. Now and forever.

And that means any kind of violence, whether rape, or assault, or robbery, or abduction, or confinement against her will, or murder. No matter who does it. Even if it is done by a john who imagines that paying for sex means he owns a woman’s body. Even it is done by a cop or a prosecutor who calls the violence of an assault, restraint, and involuntary confinement an arrest or a sentence under the color of The Law. The Law has no more right to hurt or shove around a woman than anyone else does.

GT 2007-12-17: December 17th is the International Day to End Violence Against Sex Workers

This November, eligible voters in San Francisco have an opportunity to call for peace on this front of the city government’s war against women:

San Francisco would become the first major U.S. city to decriminalize prostitution if voters next month approve Proposition K, a measure that forbids local authorities from investigating, arresting or prosecuting anyone for selling sex.

The ballot question technically would not legalize prostitution, since state law still prohibits it, but the measure would eliminate the power of local law enforcement officials to go after prostitutes.

Proponents say the measure will free up $11 million the police spend each year arresting prostitutes and allow them to form collectives.

It will allow workers to organize for our rights and for our safety, said Patricia West, 22, who said she has been selling sex for about a year by placing ads on the Internet. She moved to San Francisco in May from Texas to work on Proposition K.

Even in tolerant San Francisco, where the sadomasochism fair draws thousands of tourists and a pornographic video company is housed in a former armory, the measure faces an uphill battle, with much of the political establishment opposing it.

Some form of prostitution is legal in two states. Brothels are allowed in rural counties in Nevada. And Rhode Island permits the sale of sex behind closed doors between consenting adults, but it prohibits street prostitution and brothels.

[…]

Police made 1,583 prostitution arrests in 2007 and expect to make a similar number this year. But the district attorney’s office says most defendants are fined, placed in diversion programs or both. Fewer than 5 percent get prosecuted for solicitation, which is a misdemeanor punishable by up to six months in jail.

Proposition K has been endorsed by the local Democratic Party. But the mayor, the district attorney, the police department and much of the business community oppose the idea. They contend that it would increase street prostitution, allow pimps the run of neighborhoods and hamper the fight against sex trafficking, which would remain illegal because it involves forcing people into the sex trade.

[…]

If the proposal passes, we wouldn’t be able to investigate prostitution, and it’s going to be pretty difficult for us to locate these folks who are victims of trafficking otherwise, said Capt. Al Pardini, head of the police department’s vice unit. It’s pretty rare that we get a call that says, I’m a victim of human trafficking or I suspect human trafficking in my neighborhood.

Associated Press, CNN (2008-10-21): San Francisco may become safe for prostitutes

While I certainly agree that coerced sex trafficking is an evil that needs to be seriously addressed, government officials and government cops like Captain Al Pardini, who claim to be concerned about the welfare of women forced into prostitution, refuse to talk about ways to address the systemic issues that stop trafficked women from being able to come forward and speak out or seek help about what’s been done to them (like, the State’s violence against undocumented immigrants and the threat of deportation; like, the police’s refusal to take women in prostitution seriously or treat them like human beings), and instead they apparently feel perfectly comfortable insisting that their difficulties in investigating sexual slavery somehow justify laws that grant police the power to force any woman suspected of being in prostitution off the street and into police detention, under police scrutiny, to imprison her, to force her to pay punitive fines, to conduct arbitrary police raids to go on fishing expeditions for trafficked women (e.g., at Asian massage parlors) based on nothing other than racial profiling, and so forth, and so on, all in the name of facilitating the police’s attempts to investigate a different crime that affects some subset of the women being rousted up, shoved around, arrested, questioned, fined, imprisoned, and so on, and all in order to be able to force trafficked women into the protection of the criminal law, with or without their consent. This amounts to nothing more than an argument for ensuring that the State maintains and exercises plenary police state powers over all women suspected of being sex workers, for no reason other than the alleged necessity of protecting some women in the sex industry from violence, while ignoring the many crimes that women in prostitution are never able to report to the police for fear of being arrested, and while ignoring the immense violence against all women in the sex industry that is committed by cops themselves, as part and parcel of this policy of arrest and detention. Nobody would ever accept this argument if it were directed against a class of people whose basic human rights malestream society is more accustomed to granting. (E.g., We need to be able to investigate the enslavement of migrant farmworkers; let’s outlaw farming! We need to be able to investigate medical malpractice; let’s give the cops the power to arrest any doctor and charge them with a misdemeanor!) It is only when it comes to people who powerful men regard as official non-persons that these kind of arguments get made — whether they are made against the safety and freedom of women in prostitution, or against the safety and freedom of immigrants without government papers or unauthorized drug dealers, in parallel arguments for government border laws and drug prohibition. That’s despicable, and it’s baffling to reason. If you have the chance, I’d strongly encourage you to vote Yes on Prop. K, and No on police state tactics and government violence against women.

I should say that, while I’ve given up completely on electoral politics as a primary vehicle for political change, measures like Prop. K — or Question 1 and Question 2 in Massachusetts, or State Question 2 in Nevada — are a good demonstration of why, if you’re going to put in for electoral politics, voter initiatives and direct votes on referendum questions offer a much better vehicle for doing it than throwing in for the personal political prospects of some favored (or least-worst) candidate for the elective oligarchy that is so fatuously described as our democracy. Proposition K will have a hard time passing — a similar initiative was defeated in Berkeley recently by a 2-to-1 margin — but the mere fact that completely decriminalizing prostitution in a major U.S. city has entered into the political debate, that it is being considered for passage (or. mutatis mutandis, repealing the income tax in one of the highest-tax states in the U.S., or decriminalizing possession of small amounts of marijuana, or banning all eminent domain seizures for transfer to private developers in a state with one of the most intensely state-capitalist economies in the U.S.) is an achievement in itself, compared to the way in which representative politics completely smothers all serious politics, by choking off any and all political issues outside of the established bipartisan government consensus on the acceptable range of debate. Voting libertarians take note: if you’re going to spend your time on this stuff, there’s not much hope for making a difference this way, but there’s some, and that’s better than I can say for personality politics and representative elective oligarchy.

See also:

Two cheers for police corruption

Friday, September 12th, 2008

So there are a lot of cops who are involved, somehow or another, in the drug trade. Sometimes they sling the drugs themselves; often, they just protect drug dealers from arrest. Like any form of Prohibition, government Drug Prohibition creates a condition in which there are lots of black market operators who are willing to pay bribes, and lots of cops who are willing to take them, in order to keep the drug trade running without police interference. The cost of the bribe is a drain, but the profits from a well-run drug dealing outfit make up for it, and the cost of the bribe is less than the cost of getting locked up in prison for several years. In fact, the Drug War Chronicle runs a regular feature called This Week’s Corrupt Cop Stories, which I guess is intended to show how the conditions fostered by Drug Prohibition inevitably produce police corruption. A point which is pretty well conveyed just by the fact that they have plenty of stories to run every single week, as much as by any of the individual stories that they run.

But there’s a problem with the word corrupt. To become corrupt is to become impure, damaged, or worse. To be corrupt is to be doing something wrong — and when we apply it to people, it usually means that someone is bribed into doing something depraved in exchange for some form of material reward — most commonly violating personal or professional ethics in exchange for money. But protecting a drug dealer from arrest is only unethical if you have an ethical obligation to arrest drug dealers. If, on the other hand, Drug Prohibition is unjust — if enforcing drug laws means violating the rights and the freedoms of innocent people, often by locking nonviolent offenders in a cage for years at a time even though they violated nobody else’s rights — then cops have no ethical obligation to arrest drug dealers, because nobody has an ethical obligation to do an injustice to innocent people. Then a lot of what commonly gets called police corruption is really nothing of the sort; so-called corrupt cops may be turncoats in the Drug War, but they are turning from the wrong side to the right side. Those who protect drug dealers from arrest are no more dirty than cops in antebellum America who refused to turn fugitive slaves over to the slave-catchers, or cops in Nazi Germany who refused to turn hiding Jews over to the Gestapo.

Of course, someone who has to be bribed into doing the right thing may not deserve blame for what she does; but she probably doesn’t deserve praise either. And so-called corrupt cops may in fact do other things that do deserve blame. (Many, if not most, of the narcs or patrol cops who get involved in the drug trade do end up acting much like Terrence Richardson in Houston — that is, as thieves, thugs, or shake-down artists, using their police power or threats of violence in order to intimidate and coerce competing drug dealers who don’t have the same connections to the Gangsters in Blue. But here the problem isn’t that the cop is slinging drugs. The problem is that the cop is cracking skulls of other people who sling drugs, and getting the drugs he slings by stealing them from other drug dealers.) Hence the two cheers, rather than three. But then consider a case like that of Keenan Colson, a cop in Lake Wales, Florida:

Lake Wales police officer Keenan Colson, 50, was arrested Wednesday by the Polk County Sheriff’s Department on multiple charges stemming from information he leaked to 25-year-old Clayton Hoerler, a known criminal offender, including blowing the cover of an undercover cop, said LWPD Chief Herbert Gillis.

[…] Colson faces one count of conspiracy to engage in a pattern of racketeering action, five counts unlawful use of two-way communications device, and four counts unlawful use of computer access after he was tied to an investigation that ultimately netted 18 people arrested in conjunction with what was described by county law enforcers as a violent marijuana distribution ring.

Polk County Sheriff Grady Judd agreed with Gillis, noting in a phone interview Thursday that the blame rests solely on Colson and his actions.

It’s important to point out we don’t in any way suspect anyone other than Keenan Colson. We don’t want to leave any impression of that being anything other than an ethical police department. They run a great shop there. The men and women there are very dedicated. This is just one crooked cop, he said.

But it was one cop nobody seems to have expected to compromise the integrity and safety of his fellow police officers.

Colson’s actions sent shock waves throughout the LWPD.

Captain Patrick Quinn said he was hurt and shocked because he regarded Colson as the rock, a man who was always there, went to his calls, took his reports, was dependable.

Quinn, who was not involved in the investigation, was briefed about the situation on Tuesday.

Several people fall from grace, he said. That stinks, that hurts. We hire people, unfortunately people are going to do stupid things sometimes.

Quinn said Colson made a bad choice and was going to have to answer for his bad choice, but added that everyone in the department was upset.

We have lost a member of our family for his bad choice, he said.

What frustrated the chief so much is the concept that the lives of other officers were put in danger. Undercover work presents challenges of it own, he noted, calling it one of the most dangerous jobs in law enforcement because of its vulnerability.

And for Keenan Colson to identify to criminal offenders, this undercover officer, this undercover deputy, could have caused him to be killed, and could have caused the deputies that were working with him, the undercover officers to be injured, he said. That is something that will never be forgiven.

Gillis said Colson’s arrest was about justice for the police officers that are doing a good job every day. And it is those who trusted Colson that wonder what went awry with him.

Having had no prior indications to believe that Colson was capable of betraying his fellow officers, the chief described Colson as a very likable guy, very respectful, very quiet, very courteous.

How he got hooked up with a known criminal offender still stumps investigators, Gillis said.

Judd said he isn’t sure of the connection either, but said investigators did believe there was a prior relationship. In the late 1990s, Colson was an officer in Lake Hamilton, and Clayton Hoerler, identified as being one of the alleged ring leaders, apparently lived in Lake Hamilton at that time as well. Hoerler, 25, was identified this week by the county sheriff’s office as being a Lake Alfred resident.

We know from the investigation that they were good friends, Judd said. We know they discussed criminal activity freely, and that Colson give him intricate instructions in how to avoid arrest and how to protect himself from covert investigation. He was certainly the consultant for Hoerler.

Kathy Leigh Berkowitz, The Polk County Democrat (2008-08-18): Lake Wales Police Officer Arrested for Leaking Information

If that’s what Keenan Colson did, then good for Keenan Colson.

The Drug War is an aggressive war by the government against innocent people. Neither using marijuana, nor selling marijuana violates anybody else’s rights. Like all so-called victimless crimes, it is in fact not a crime at all in any moral sense; crimes have identifiable victims, and consensual exchanges between willing parties have none. Cops who use force to shut down drug dealing outfits — and that is the only way that cops shut anything down, by beating people, tasering them, pepper-spraying them, pulling guns on them, restraining them, handcuffing them, confining them in police cars and holding cells, and ultimately by having them locked up in cages for years at a time, all of it backed up by the threat of inflicting pain, injuring you, or killing you if you should resist their orders — those cops, I say, are using violence against peaceful people; they are hurting, restraining, and imprisoning people who have never violated the rights of any identifiable victim. If they come after your friends on the basis of these unjust drug laws, then, morally speaking, they are the criminals, and using your connections and your knowledge of the system in order to defend your friend and his livelihood from their aggression — by telling him how to avoid detection, by telling him how to keep from getting unjustly arrested, and by exposing the undercover police spies who have been sent to infiltrate his circle and facilitate the narcs’ efforts to seize innocent people and locking them in cages for the next several years, is not corrupt. It’s certainly not an unforgivable sin. That’s protecting the innocent, and doing so while putting yourself at considerable personal risk from the same uniformed gang that you are trying to protect your friend from. It is, in fact heroic, and Keenan Colson deserves the title of hero far more than the vast majority of the arrogant, preening, entitled cops who never stop hollering about their own heroics and the protection they inflict on unwilling recipients every day.

Meanwhile, the police chief in Lake Wales has decided to engage in a low form of farce:

If your officers do commit criminal acts, they need to be arrested just like anyone else, the chief said. A lot of times things may be handled where people may be just terminated or let go. That’s not the way you are supposed to do things, that’s why I told the officers around here hold your heads up. We’ve been through a lot, we’ve been in the paper a lot with our officers who have done stuff wrong.

We are going to hold offenders accountable, because we hold our people accountable. To me that is a good thing because we hold ourselves accountable first, we hold offenders accountable second. And that’s a position you want to be in law enforcement, that’s accountability, that’s integrity, he added.

Kathy Leigh Berkowitz, The Polk County Democrat (2008-08-18): Lake Wales Police Officer Arrested for Leaking Information

That’s bullshit, is what that is.

When cops harass, unjustly imprison, beat, hurt, torture, rape, or kill the people that they contemptuously dismiss as civilians, there isn’t a damn bit of accountability. They may be transferred to another precinct; they may be given a paid vacation for a few months before fellow cops exonerate them in administrative hearing for a few months; in really extraordinary circumstances, where evidence of guilt is undeniable and has also, by the way, been reeased to the public, someone might actually lose their job over it. But they will almost certainly never face jail time, or any criminal responsibility whatsoever, for what they do. As the victim, you might, if you are very lucky, get an Oops, our bad; realistically, what you’re more likely to get is Fuck you, civilian.

The reason that Keenan Colson has been arrested and is now threatened with jail has exactly nothing to do with any general commitment by the police force to accountability or integrity. The unforgivable sin for which he is being arrested and prosecuted is the fact that he gave out information that messed with the game of the other cops who were coming after his friend. Cops protect their power, and they’ll do just about anything to anybody who endangers that by valuing the safety of a friend over the ability of his gang brothers to go on with their activities unimpeded. Keenan Colson is only the latest to get the long knife treatment for the unforgivable sin of acting like a responsible human being at the expense of gang loyalty. He won’t be the last.

(Via Drug War Chronicle 2008-08-29 and Drug War Chronicle 2008-08-22.)

Neighborhood Safety Ghettoes in D.C.

Thursday, June 5th, 2008

So, there’s this poster that’s been circulating around anarchist, civil libertarian, and lefty blogs for a few months now. It’s become popular because it’s funny (in a nerdy way), and also because it makes an important point:

It has a photo of a column of people dressed as Imperial Storm Troopers from Star Wars is marching down a city street. Caption: Fascism: You really think it'll be this obvious?

But, well, the awful truth is that, as with so many other things in American politics, the answer to that rhetorical question can’t really be taken for granted, because it really depends on what kind of neighborhood you live in. The poster makes an important point addressed to, and about the daily lives of, people of a particular socioeconomic class (specifically, the people who most often spend their time reading blogs). For many if not most people in other social classes, the answer really is just, You bet it will. Or, It already is. Has been for decades. Where you been?

For example, consider the cops plans for improving neighborhood safety in the D.C. Ghetto. No, I’m not using that last word as a careless synonym for slum. I am using it in the most literal sense.


D.C. police will seal off entire neighborhoods, set up checkpoints and kick out strangers under a new program that D.C. officials hope will help them rescue the city from its out-of-control violence.

Under an executive order expected to be announced today, police Chief Cathy L. Lanier will have the authority to designate Neighborhood Safety Zones. At least six officers will man cordons around those zones and demand identification from people coming in and out of them. Anyone who doesn’t live there, work there or have legitimate reason to be there will be sent away or face arrest, documents obtained by The Examiner show.

Michael Neibauer and Bill Myers, The Examiner (2008-06-04): Lanier plans to seal off rough ’hoods in latest effort to stop wave of violence

Guess who decides what counts as a legitimate reason for being in the neighborhood — the people who live and work in that neighborhood, or the government’s goon squad?

Lanier has been struggling to reverse D.C.’s spiraling crime rate but has been forced by public outcry to scale back several initiatives including her All Hands on Deck weekends and plans for warrantless, door-to-door searches for drugs and guns.

Under today’s proposal, the no-go zones will last up to 10 days, according to internal police documents. Front-line officers are already being signed up for training on running the blue curtains.

Peter Nickles, the city’s interim attorney general, said the quarantine would have a narrow focus.

This is a very targeted program that has been used in other cities, Nickles told The Examiner. I’m not worried about the constitutionality of it.

Michael Neibauer and Bill Myers, The Examiner (2008-06-04): Lanier plans to seal off rough ’hoods in latest effort to stop wave of violence

Just so we’re clear, neither am I. I couldn’t possibly care less whether surrounding poor neighborhoods with cops, giving everyone the Ihre Papiere, bitte treatment, and chopping a community up into police-occupied strategic hamlets for the purpose of a government quarantine without any probable cause whatsoever for believing that any of the individual people you will be surrounding, stopping, hassling, and threatening with jail have ever committed any crime against any identifiable victim, is or is not countenanced by the United States Constitution. Who cares? The basic problem with terrorizing and brutalizing entire neighborhoods is that it is evil and incredibly dangerous, whether or not the Constitution allows for it.

Others are. Kristopher Baumann, chairman of the D.C. police union and a former lawyer, called the checkpoint proposal breathtaking.

Shelley Broderick, president of the D.C.-area American Civil Liberties Union and the dean of the University of the District of Columbia’s law school, said the plan was cockamamie.

I think they tried this in Russia and it failed, she said. It’s just our experience in this city that we always end up targeting poor people and people of color, and we treat the kids coming home from choir practice the same as we treat those kids who are selling drugs.

The proposal has the provisional support of D.C. Councilman Harry Tommy Thomas, D-Ward 5, whose ward has become a war zone.

They’re really going to crack down on what we believe to be a systemic problem with open-air drug markets, Thomas told The Examiner.

Thomas said, though, that he worried about D.C. moving towards a police state.

Michael Neibauer and Bill Myers, The Examiner (2008-06-04): Lanier plans to seal off rough ’hoods in latest effort to stop wave of violence

But what the hell did D.C. Councilman Harry Tommy Thomas expect, anyway? You can’t go around pushing your paramilitary crack downs with rhetoric about war zones and then act all surprised when you get a police state. If you plan for an occupation, you can expect that you are going to get lock-downs and de facto martial law.

Radley Balko writes:

Last week, I received the following email:

I live in Eckington, a transitional neighborhood in northeast DC. I got a knock on the door this morning from a guy with ACORN (looks like a lefty community group that I’d never heard of) saying that DC police would be coming around shortly asking to search homes in the neighborhood for guns, and explaining we had the constitutional right to refuse, etc. He added that anything the police find they can use against you because you never know what a friend of a friend might have left in your house Not sure if he told me this because I had just gotten out of bed and had answered the door in my bathrobe looking disoriented, but I digress. He was handing out a packet of info from the ACLU including a nifty doorhanger you can put out that says NO CONSENT TO SEARCH OUR HOME. One of my neighbors told me the guy told them they were only doing this in poor black neighborhoods, and this notice from the ACLU that I found online seems to bear this out.

I know it’s not exactly a wrong-door no-knock raid, but I am concerned because while I certainly don’t want the police (or any other strangers) rummaging through my junk, I’m kind of afraid of what would happen if I refuse the search. I already live on one of those streets with the surveillance cams installed. Does my address get marked for being uncooperative or suspicious? I should mention of course that I don’t own any guns and have never touched anything more powerful than a bb gun.

You are free to refuse the searches. But if a regular reader of this site feels uncomfortable asserting that right, you can imagine how other people subject to these searches might feel.

Radley Balko, The Agitator (2008-06-04): Police State D.C.

Please also keep in mind that this is the same metro police force which will toting around AR-15 assault rifles as they surround and cordon off and do door-to-door searches and raids in these inner-city neighborhoods.

Do you feel safer now?

See also:

In which I fail to be reassured

Saturday, January 26th, 2008

The other day, I posted some remarks on why the Freedom Train metaphor bugs me, and why I think that market anarchists should generally think about aligning themselves with, you know, anarchist organizations, rather than minarchist efforts like the Libertarian Party and Chairman Ron’s Great Libertarian Electoral Revolution. Brian Doherty kindly took notice of my post over at Hit and Run. Like most posts at Hit and Run, it provoked a lot of comments, mostly from the usual suspects, and mostly not going much of anywhere productive. (Several minarchist commenters apparently didn’t bother to read the post, as they would rather spend their time rehashing the minarchist-anarchist debate from the get-go. Did you know that anarchy might work on the small scale, but will never work in a big, industrialized society? Or that anarchy will never work in practice because people will have to recreate the State to keep the Mafia from running everything? Man, I never heard that stuff before. Sign me up for some of that limited government!)

However, there are a few that are worth some remark.

NoStar offers the following encouraging thought on anarchist-minarchist unity:

How about we both fight and defeat them before we then turn and fight each other.

Think of Mao’s communists and Chang Kai-Chek’s nationalists combining to fight the Japanese.

Once the common foe is gone, we can nitpick the details.

NoStar, 25 January 2008, 8:35pm

Call me a nattering nabob of negativism, but somehow I fail to be entirely reassured by the thought of being Chiang Kai-shek to the minarchists’ Mao Zedong. Or, for that matter, vice versa.

Moderate or pragmatist limited government libertarian Nick has this to say:

The way to effect change is to build a coalition of people who are dedicated to the change you want to make and then work to convince the normal people in the middle. Ron Paul is a great example of getting a coalition together, altho his campaign could use some work in convincing moderates to his side.

Well then.

In the interest of diplomacy, I will just kindly suggest that if Ron Paul’s triumphant single-digit, third-to-fourth place primary campaign is your idea of a great example of getting a coalition together and making change through the power of numbers, I will be holding out for a better proposal.

Meanwhile, limited governmentalists are just full of suggestions for how anarchists can help the cause of anarchy by … not talking about anarchy, and spending their time and energy on building up limited-government organizations instead. Apparently wanting to work on promoting your own cause, rather than other causes with fundamentally different ideas about ultimate goals, is a sign of a self-destructive fetish for purity. Of course, the fact that this going-along-to-get-along in the name of political realism only seems to go in one direction — I don’t hear any minarchists talking about how they plan to swallow their love of small governments in order to sign up for going anarchist efforts, like, say, CopWatch — might lead one to be just a little suspicious of the motives behind the appeal. But, anyway.

Brandybuck, for example, is not an anarchist. But he’s sure that if he were an anarchist, he’d be perfectly happy to spend his time working on achieving minarchy rather than anarchy. He asks:

He is unwilling to compromise any of his political points. But such an unwavering demand for pure anarchy is going to net him only misery. Is this a man who would reject a 50% tax cut because it would leave the remaining 50% of taxes in place? I think it might be.

Brandybuck, 25 January 25 2008, 9:38pm

Brandybuck’s got another think coming.

I would quite happily take a 50% tax cut, if I could get it; and I would consider a 50% reduction in Leviathan’s pirated wealth to be a massive step in the right direction. I would much rather that the whole thing were done away with, but in the meantime, I will take what I can get.

But what I would not do is waste my time trying to build up a think tank or political party that are devoted to the goal of cutting taxes by 50% and no further. That’s hardly the only way in the world to make concrete progress towards cutting taxes by 50%, and if you think that it is, you need to think harder about how social change, or even basic negotiations, actually work in the real world. (As for negotiations, if you start out asking for what you actually want, rather than what you think you can get, you’ll often end up getting less than you wanted in the end. But you’ll do a damn sight better than if you start out asking for what you think you can get, and then bargain down from there. As for social change, there are a hell of a lot more movements that have made substantial social changes than there are political parties or party caucuses. If you think that the only way to get things done is to jump into a political party, then your lack of creativity is a problem for you, not a problem for me.)

Brandybuck is also incensed that I would claim that limited government libertarians actually do believe in government:

Personally, I have no desire to join any movement whose members [minarchists] will turn around and shoot me in the end.

This is a vile mischaracterization of minarchists. Minarchists are not statists. They are anti-statists. What makes them different from anarchists is the pragmatic realization that anarchy is not viable. If a state is inevitable, then let’s see to it that it will be as small and as unobtrusive as possible.

This is, to be blunt, complete nonsense. If minarchists believe in limited government, then they believe in the right to make anarchistic arrangements not viable by prohibiting at least some individual people from seceding or otherwise withdraw their allegiance from the minimal state in favor of competing defense associations, or in favor of individual self-defense. If Brandybuck believes that I have the right to tell his limited government to go to limited hell, and to withdraw entirely from it to make my own arrangements, then his imagined minimal state is really not a sovereign state at all, but rather one voluntary defense association amongst many, and Brandybuck is no minarchist, but rather an anarchist. (In which case, welcome, comrade!) But if he does believe that a limited government has some right to make me use or pay for its services, even if I would prefer to withdraw from it and make arrangements of my own, then, like any other government program, this one is going to take the use of force or the threat of force by limited government cops. In which case my characterization of the minarchist political platform as including a plank on shooting anarchists, whether vile or not, is an accurate one. There is no third option. (Of course, minarchists accept a right of free speech, meaning that they will not shoot anarchists who just talk about anarchy. But in order to maintain a minimal state, they have to be ready to shoot anarchists who actually attempt to do something about it. And I care about the latter at least as much, if not more, than I care about the former.)

A bunch of people seem to have misinterpreted my argument as an argument for not doing anything, or for anarchists never to work together with minarchists on issues of common concern. Thus, for example:

Great. The metaphor’s nonsensical. Let’s stop working together against the great breadth of government power.

Vent, 25 January 2008 7:43pm

Of course, if I had made an argument to the effect that working together with limited statists was always and everywhere destructive to the cause of freedom, then replying to the argument this way would be about as sensible as saying Great. Let’s stop trying to put out this fire by pouring gasoline on it. Well, yeah, that’s what you should do. If working together requires you to make trade-offs that actively impede the goals you’re supposedly working for, then you should stop trying to work together. The primary goal of libertarianism ought to be freedom, not maximizing the number of self-identified libertarians working together. The two are not the same, and if latter interferes with the former, then the former is always more important.

That said, that’s not the argument that I made. I’m not proposing that anarchists sit around and do nothing; I am proposing that they choose different means in order to get things done. Nor am I proposing that anarchists never work together with minarchists on anything. I’m willing to work with all kinds of people. I am proposing that we reconsider the scope of the cooperation, and the terms on which we do the work. As I said in the original post:

I would certainly agree that market anarchists should be willing to work together with coalition partners on particular issues of concern — the drug war, corporate welfare, the war on Iraq, etc. — whether those coalition partners are minarchists, or state Leftists, or whatever else. But who you’ll work with in issue-based coalitions is a different question from whose movement you’ll participate in, or what formations you’ll make the primary venue for your broader organizing and activism.

Here, as elsewhere, I’d argue that there’s a lot to be said for making things with small pieces loosely joined. There are plenty of times when it makes sense for anarchists to work together with statists of various stripes, as part of a common front for a common cause. But when we do, I’d suggest that the cooperation should be limited to fighting to win on the issue at hand — not spending years building up multi-purpose, long-term institutions or political parties whose goals have nothing in particular to do with anarchism. And I’d suggest that when we work in coalition, we do so through organizations of our own, on our own terms, and speaking for ourselves, not through centralized, non-anarchist smaller-government organizations that require us to spend our time talking about everything but, y’know, anarchy, in order to participate.

Probably the most common critical reply, though, is a claim that anarchists should work to build up minarchist parties because (1) in the current political climate, the practical differences between anarchistic and minarchistic politics are triflingly small (minarchists want to get rid of about 99% of existing government; anarchists want to get rid of the remaining 1% too); (2) where there are differences in ultimate goals, in the current political climate, the stuff that only the anarchists want to get rid of can’t realistically be gotten rid of, whereas some of the stuff that both anarchists and minarchists want to get rid of can realistically be gotten rid of (the war on drugs, or marginal tax rates, or whatever); and (3) once we have gotten rid of the 99% of stuff that anarchists and minarchists agree on, whenever that happens, then getting rid of that last 1% will be much easier for anarchists to pull off than it would be to get rid of that stuff now.

Thus Zeph, in comments here:

A minarchist system would have minimal ability to block the tracks, even if it had an interest in so doing.

Sisyphus old lad, would you rather push a pebble or a planet up a hill?

And Brandybuck, who, while a minarchist, is ever helpful to inquisitive anarchists:

I also suspect that it would be much easier to achieve true anarchy if you start from a minarchist state than from an maxarchist state.

On the train anarchist kerem tibuk:

Besides when the time comes when a minarchist government agresses against an individual it is much easier for that individual to fight back since the state would be much less powerless and the individual much more powerfull.

prolefeed:

Ummm, when we get to a government that is about 1% the size it is now, this will become a relevant question. Not exactly holding my breath over that happening. Until we effing reverse the growth of government, the 0%ers and the 0.01%ers and the 1%ers and the 50%ers and even the 99%ers should all be pretty solid allies.

But accepting this argument would depend on my accepting a number of premises whose evidence is weak at best, or which are definitely wrong.

I would, for example, have to accept that a smaller, more limited government would have a harder time suppressing anarchistic activity than a larger, less limited government would. It might seem like this is obvious: bigger governments have more money, more hired thugs, more surveillance spooks, and more tyrannical laws that they can exercise in order to suppress anarchists than smaller governments do. But, on the other hand, bigger governments also have much more to do than smaller governments do. Under the present system, government cops fritter away time, attention, and energy trying to enforce all kinds of asinine laws. Under a minarchy, the government police forces would still exist, but they would have basically nothing to do with their time other than (1) dealing with small-time property crime, and (2) suppressing anarchistic activity. I think there’s very little guarantee that it would be easier to establish and sustain institutions that counter certain kinds of state power when the state is lean and mean, than there is now when it’s large, bloated, and corrupt.

In a similar vein, I would have to accept that the most likely way to significantly reduce the scope and power of government is to spend the next several decades working from within the state system in order to prune away this or that invasive policy — drug laws, abortion laws, immigration laws, the war in Iraq, especially stupid provisions of copyright law, egregiously high taxes, the most outrageous parts of immigration law, or whatever — and then only to go after the supporting pillars of state power — government policing and prisons, government courts, government military, government border control, the existence of even minimal taxation, etc. — once all the policy issues have been cleared out of the way. That may seem obvious, but actually it’s a substantial claim in need of defense, and I have not yet been given any reason to believe that this is true.

Of course, it’s true that if you have already committed yourself to making change through the vehicle of electoral politics, then partial reform on the particular policy issues is going to be much closer to being within your grasp than, say, abolishing government policing in favor of voluntary defense associations. But that’s only if you’ve committed yourself to electoral politics already; it certainly can’t be invoked as an argument for jumping into the Libertarian Party without assuming part of what it needs to prove. In point of fact, if options other than electoral politics are allowed onto the table, then it might very well be the case that exactly the opposite course would be more effective: if you can establish effective means for individual people, or better yet large groups of people, to evade or bypass government enforcement and government taxation, then that might very well provide a much more effective route to getting rid of particular bad policies than getting rid of particular bad policies provides to getting rid of the government enforcement and government taxation.

To take one example, consider immigration. If the government has a tyrannical immigration law in place (and, just to be clear, when I say tyrannical, I mean any immigration law at all), then there are two ways you could go about trying to get rid the tyranny. You could start with the worst aspects of the law, build a coalition, do the usual stuff, get the worst aspects removed or perhaps ameliorated, fight off the backlash, then, a couple election cycles later, start talking about the almost-as-bad aspects of the law, build another coalition, fight some more, and so on, and so forth, progressively whittling the provisions of the immigration law down until finally you have whittled it down to nothing, or as close to nothing as you might realistically hope for. Then, if you have gotten it down to nothing, you can now turn around and say, Well, since we have basically no restrictions on immigration any more, why keep paying for a border control or internal immigration cops? Let’s go ahead and get rid of that stuff. And then you’re done.

The other way is the reverse strategy: to get rid of the tyranny by first aiming at the enforcement, rather than aiming at the law, by making the border control and internal immigration cops as irrelevant as you can make them. What you would do, then, is to work on building up more or less loose networks of black-market and grey-market operators, who can help illegal immigrants get into the country without being caught out by the Border Guard, who provide safe houses for them to stay on during their journey, who can help them get the papers that they need to skirt surveillance by La Migra, who can hook them up with work and places to live under the table, etc. etc. etc. To the extent that you can succeed in doing this, you’ve made immigration enforcement irrelevant. And without effective immigration enforcement, the state can bluster on as much as it wants about the Evil Alien Invasion; as a matter of real-world policy, the immigration law will become a dead letter.

When anarchists participate in compromise efforts, such as the LP or the Ron Paul campaign, those efforts pretty much always only allow one of these two routes: the policy-reform-first route. They don’t allow for the evasion-first route because to set up and sustain the kind of resources that are necessary to enable evasion and resistance of government laws, you’re already trying to take the train to a station where the minarchist passengers don’t want to go: that is, you’re creating counter-institutions that are directly competing with, and attempting to undermine, precisely those state functions (law enforcement, the courts, military and paramilitary defense of the state against its declared enemies) that minarchists intend to keep. But why should we prejudge the contest in favor of the minarchist-friendly route? After all, which of these is the better strategy for getting rid of immigration laws? Well, as far as effectiveness goes, I don’t actually think that that’s a very hard question to answer. Look at all the practical success that the immigration reform movement has had in liberalizing immigration laws over the past thirty years or so. Here, I’ll make a list for your convenience:

Now, compare the success that illegal immigrants, state-side family members, coyotes, good samaritan ranchers, off-the-books employers, et al. have had in getting people across the border in defiance of immigration law, while avoiding or minimizing government interference:

Estimated number of illegal immigrants in the United States

Here's a graph showing 3,000,000 people in 1980; 3,300,000 in 1982; 4,000,000 in 1986; 2,500,000 in 1989; 3,900,000 in 1992; 5,000,000 in 1996; 8,400,000 in 2000; and 11,100,000 in 2005.

Source: Pew Hispanic Center, via CNN

From a practical standpoint, if I’m looking for a going concern, I’d say that the root-striking approach seems to be making a lot more concrete progress than the branch-pruning approach, at least on the specific issue of immigration.

Of course, there are concerns other than practical success. For example, many minarchists are likely to believe that there is a moral advantage to working from within the political system, and convincing those around you to change their votes, rather than consorting with criminals and making an end-run around the law. That’s reasonable enough, and may be a reason to stick to electoral reform — if you are a minarchist. But, of course, I’m not: I’m an anarchist; I think that government laws have no color of authority whatsoever; and I don’t think that people who evade or defy immigration laws are criminals in any sense worth caring about. And my earlier post was directed mainly towards other anarchists on a point of anarchist strategy; so if your counter-argument starts out by presupposing a certain level of respect for government law, then it’s going to be a non-starter as a response to my argument.

Setting moral concerns aside, there is a pragmatic concern that strategies that bypass legal reform in order to evade the law are more risky. Electoral reform campaigns may not get the results as quickly or as extensively as black markets do, but they’re also less likely to get you shot or thrown in jail by the government. That’s true enough. But, on the other hand, it’s easy to overestimate the risks of black market activities; the fact is that tens of millions of people get away with this stuff every day already, and the more talented and resourceful people turn their attention towards evading and resisting tyrannical laws rather than pouring their resources down the toilet of political reform campaigns, the more people will be able to get away with, and the more reliably they’ll be able to get away with it. Moreover, just as there is far more to political campaigning than just the act of voting or declaring a candidacy or lobbying or filing suit — there’s also fundraising, crafting and running ads, house parties, holding debates, canvassing, op-eds, buttons, bumperstickers, and the rest — there is also much more to an evasion strategy than direct participation in black market activities. There is also moral agitation and advertising aimed at convincing people of the legitimacy, or at least the unimportance, of so-called criminal activity, with the usual set of op-eds, buttons, bumperstickers, debates, etc.; there’s legal education and legal defense funds; there’s nonviolent civil disobedience; there are grey market activities that provide arguably or completely legal services that nevertheless help black market operators evade detection; and any number of other things, too. No doubt lots of us can’t or won’t take the risks involved in direct black market activity — because our circumstances or our temperament prevent us from taking it on — but if you can’t take on that much risk, you can still do plenty of things to concretely aid the broader strategy, without putting yourself in the path of the law.

Now, for all that I’ve said, it still may be the case that, for some other issues, the branch-pruning approach is more likely to be effective than the root-striking approach. But if you are an anarchist, then I think it would behoove you to think carefully about whether this really is the case, before you start putting your limited time and energy into a branch-pruning political campaign. Certainly there are plenty of examples I could cite other than illegal immigration. Compare the concrete progress of lobbying and litigation for liberalizing copyright law to the concrete progress of music and movie pirates in simply evading the enforcement of copyright law. Or compare the concrete progress of lobbyists at liberalizing drug laws to the concrete progress of drug smugglers and drug dealers at moving drugs to willing customers in spite of the laws against it. However many policy issues there may be that will be more easily addressed by the route of legal reform, rather than by the route of undermining the state’s capacity to detect and retaliate against law-breaking, I think there is every reason that they will be few enough, and far enough between, that it just doesn’t make practical sense for anarchists to spend their limited resources on open-ended, long-term commitments to building up smaller-government institutions. Not if the price is deferring talk about the illegimacy of the State as such, or about the right of people to evade its laws, or about the right of people to create counter-institutions to defend themselves against its law enforcement, in order to keep our outreach palatable to more or less limited statists. Anything that is worth getting through that kind of co-operation can be got through limited-scope, issue-driven coalitions. And we can do that kind of outreach and activism without signing onto intra-party Accords that sacrifice anarchist rhetoric or practical action in the name of taking one for the party.

Anarchism is about anarchy. The activism, agitation, and organizing that we do ought to reflect that. If it doesn’t, then you may very well be wasting your time and talents.

Men in Uniform

Sunday, December 2nd, 2007

Somewhere in Alabama, an all-male gang of elite cops from New Jersey spent some down-time from protecting and serving by getting off on sexy drunken displays of power and violence.

HOBOKEN, N.J. — The Hoboken Police Department’s SWAT team has been disbanded, just days after officials learned of racy photos showing the unit’s commander and other officers cavorting with waitresses from a Hooters restaurant in Alabama.

Judging from the selection from the photo slide show, it seems that these photos involve more than just a trip to Hooters, and include some that are more explicit than just racy.

On the same day Hoboken’s new public safety director was sworn in, he gave the city’s police chief orders to disband the SWAT team and to order the lieutenant at the center of the controversy to desk duty.

After seeing the photos of Lt. Angelo Andriani and other members of the Hoboken police SWAT, newly appointed Public Safety Director Bill Bergin said he had to act decisively.

Bergin listed his reasons for disbanding the SWAT team in a phone interview with Newschannel 4’s Pei-Sze Cheng: The brazenness of the whole situation, because everything in the photographs, which I was shocked at, had Hoboken all over it, from the uniforms, to the police car, the bus that was involved.

Bergin ordered the police chief to disband the SWAT team and to have Andriani return from his extended vacation and assign him to desk duty immediately.

The photos were taken last year on a return trip from Louisiana, where the Hoboken officers helped with the Hurricane Katrina relief effort.

They show the waitresses holding shotguns and other weapons belonging to officers under Andriani’s command.

WNBC (2007-11-16): N.J. SWAT Team Disbanded After Racy Hooters Photos Emerge

Elsewhere in New Jersey, another man in uniform, Anthony Senatore, used his power as a professional narc to extort sexual favors from a woman he’d pressured into becoming a drug informant. Then, after she tried to put a stop to it, he stalked her, forced his way into her house, and raped her. After his victim filed a lawsuit, Senatore was reassigned to a desk job. Although the boss cops and everybody else do concede that Senatore repeatedly exploited his position to coerce sex from the woman, the state A.G. has decided to sweep it under the rug and declined to prosecute on the rape charge. This, apparently, is what passes for having found no wrongdoing on the officer’s part in the eyes of the (male) mayor and the (male) police chief.

JACKSON — The state Attorney General has decided not to prosecute a police detective who is accused, in a civil lawsuit, of raping a drug informant in 2005 and impregnating her with a son who was born eight months later, township officials confirmed Wednesday. Advertisement

The lawsuit filed last year by the informant, identified only as Jane Doe, still is pending in federal court. However, Mayor Mark A. Seda said Wednesday that the attorney general’s decision exonerates Officer Anthony Senatore.

Apparently they found no wrongdoing on the officer’s part, Seda said, adding that Senatore remains on the Jackson force but is no longer a detective.

According to the lawsuit, Senatore enlisted Jane Doe in April 2005 as a drug informant, in exchange for money and prosecutorial considerations for her children and estranged husband, all of whom have been investigated by the Jackson police.

But soon after Jane Doe became an informant, the detective’s behavior changed, according to the suit.

By means of intimidation, threat, harassment, coercion and/or promises of judicial and prosecutorial consideration for plaintiff and her family, Senatore repeatedly propositioned and solicited plaintiff for sexual relations from late April through July 2005, the suit alleges.

During that time, he had sex with her in her home, in police vehicles and in wooded locations in and around Jackson, according to the suit.

When Jane Doe tried to break off the relationship, Senatore’s deviant, predatory behavior intensified, culminating in a savagely brutal rape in her home on July 25, 2005, according to the suit. As a result of that rape, the plaintiff became pregnant and gave birth to a son March 26, 2006, according to the suit.

The suit accuses the township, the police department and then-Public Safety Director Samuel DiPasquale of permitting and encouraging police officers, including Senatore, to sexually harass and have sex with female informants, female defendants and other women they encountered while on duty.

In case you were curious, this is how seriously the boys in blue take their job of protecting you and me from all the weirdoes and creeps running around out there:

Shortly after the suit was filed, Senatore was removed from the detective bureau and placed on administrative duty where his only responsibilities included paperwork, the mayor said.

Senatore is now back in circulation as a patrolman, though, because the police department is short staffed, Seda said. He did not know whether the officer will be reinstated to the detective bureau.

But don’t worry. They are seriously concerned about how this predator’s pattern of bullying, sexual harassment, sexual coercion, and rape against a woman substantially under his legally-backed power — which they dignify as a relationship with an informant — will adversely affect their P.R., and maybe a court case. Senatore may be back patrolling the streets, but hey, they might consider adding a couple of clauses to their internal policies.

When an officer’s character is in question, it puts us at risk, Seda said. We didn’t want to give any criminal a loophole to get out of charges.

… With the Attorney General’s investigation complete, the town and the police department are looking into how Senatore was able to take advantage of his job and engage in a relationship with an informant [sic], Seda said.

That’s certainly something we wouldn’t want to see happen again, the mayor said. We’re looking at our policy internally to see what we can do to prevent that.

Fraidy Reiss, Asbury Park Press (2007-11-08): Detective won’t be prosecuted; Detective won’t be prosecuted

(Stories via Lindsay Beyerstein 2007-11-17 and ACLU Blog 2007-11-17.)

Gangsters in Blue

Saturday, October 13th, 2007

A violent gang has recently been taken down in inner-city Chicago. Specifically, the city police recently decided to disband the Special Operations Section, a roaming squadron of over 100 cops which was created to fight inner-city gang crime and drug dealing. Problem is that the narcs themselves ended up running the most tightly organized, heavily armed, corrupt, and powerful racket in the neighborhood.

After weeks of worsening revelations about the Chicago Police Department’s elite Special Operations Section, a beleaguered interim superintendent finally pulled the plug Tuesday, disbanding the scandal-plagued unit and sending most of its officers back to more strictly supervised assignments.

The recent incidents of police misconduct, which include charges that SOS officers robbed and kidnapped people, and that one accused officer plotted to murder another, have been disheartening and demoralizing, especially for officers who serve honorably every day, interim Supt. Dana Starks said Tuesday at a news conference called to announce the abrupt disbanding of SOS.

… Once touted as one of the department’s most nimble and aggressive weapons for fighting street gangs, SOS has produced one black eye after another for the city and Daley’s administration over the last year, and especially in the last several weeks.

The units at the heart of the scandal were involved in street policing, rooting out gang and drug crimes in the roughest parts of Chicago.

… In August the Tribune revealed that the U.S. attorney’s office had joined the ongoing state probe that already had led to charges of robbery and kidnapping against seven officers in the unit.

Just weeks later, the FBI raided the home of Officer Jerome Finnigan, the alleged leader of the accused cops who was free on bail, and charged him with plotting to murder a former SOS officer who had begun aiding investigators.

Two days after the charges were announced, the Tribune published a video of SOS officers—including Finnigan— raiding a Southwest Side bar in 2004 and searching its patrons. The video contradicted the arrest reports and raised constitutional issues about the legality of the raid, in which arrest reports allegedly were falsified and victims said police robbed their homes while they were in custody.

At the end of last week, the department stripped three more officers of their police powers over the incident, and others were under investigation.

In joining the probe, federal investigators have focused not on the original alleged crimes, but on what commanders in SOS, and higher up in the department, may have known about the rogue activities. The Office of Professional Standards and the Internal Affairs Division had fielded numerous complaints about Finnigan and the other officers over the years but they were still on the street before prosecutors concluded their own investigation and brought charges.

… The SOS scandal has brought a growing chorus of questions about the quality of police oversight in the city. The scandal was part of the impetus behind Daley reorganizing the Office of Professional Standards during the summer. And aldermen are fighting the city over documents showing which officers have the most excessive force complaints, a list that is top-heavy with SOS officers.

David Heinzmann and Emma Graves Fitzsimmons, Chicago Tribune 2007-10-09: Cops disband elite unit

But wait, there’s more.

This isn’t the first time that an elite anti-gang unit in the Chicago police force turned out to be engaged in organized crime as much as the gangs it was supposedly combating. The same damn thing happened only seven years ago:

It is not the first time in recent history that a corruption scandal has led to the disbanding of a special unit. In 2000 the Gang Crimes Section was disbanded after federal authorities charged Officer Joseph Miedzianowski with using gang members to run his own drug distribution ring. The FBI called Miedzianowski, now serving life in prison, the most corrupt cop in Chicago history.

When Gang Crimes was disbanded many of the officers in the unit, including Finnigan, were assigned to SOS.

David Heinzmann and Emma Graves Fitzsimmons, Chicago Tribune 2007-10-09: Cops disband elite unit

So what do you suppose they are going to do now that SOS has been busted up?

Well, this is the government that we are talking about, and these are cops. Nobody in government ever gets fired, and nobody on the police force ever even gets blamed, unless and until they get indicted. So what’s going to happen is that are going to do the same goddamned thing that they did in 2000 and transfer the thugs from SOS over to yet another elite unit that does the same goddamned thing:

Some of the more than 100 SOS officers to be reassigned will join the Targeted Response Unit, which does similar work hunting guns and drugs in gang-infested areas. …

But SOS also included other specialized teams, including the SWAT team, marine, K-9, animal abuse and critical response units. Mounted patrol, a helicopter unit and officers trained to protect visiting dignitaries also were part of SOS. Those units are being reorganized into the newly named Special Functions Group, Starks said.

David Heinzmann and Emma Graves Fitzsimmons, Chicago Tribune 2007-10-09: Cops disband elite unit

Somehow I expect that in about seven years or so the city government will once again be shocked! shocked! to learn that corruption and violence have pervaded the Targeted Response Unit or the Special Functions Group, which will be disbanded forthwith in favor of yet another identical unit under a different name.

Oh, but there’s more still!

A lot of the other former SOS cops are going back onto street patrols. But guess where an undisclosed number of them are getting transferred:

Although he declined to give numbers, Starks also said he was moving some officers into the Internal Affairs Division to beef the department’s ability to investigate its own officers.

David Heinzmann and Emma Graves Fitzsimmons, Chicago Tribune 2007-10-09: Cops disband elite unit

I guess it takes a thief….

Meanwhile, the cops’ press flack, Monique Bond, is out to handle the PR problem. Look! It’s Yet Another Isolated Incident!

Officials also were trying to control the damage done to the department’s reputation.

Not everyone in SOS is a bad officer. You can’t paint this with a broad stroke, she said.

David Heinzmann and Emma Graves Fitzsimmons, Chicago Tribune 2007-10-09: Cops disband elite unit

You could say exactly the same thing about the Bloods or the Crips. But so the fuck what?

(Story thanks to Lindsay Beyerstein at Majikthise 2007-10-10.)

The Show Pony

Friday, June 22nd, 2007

Last week I posted about this recent case in Oregon, in which the narcs — bullies by profession and liars by trade — decided to seize some evidence of drug sales between consenting adults, without a warrant, by ramming a car and then stealing it off the street:

In a strongly worded order last year, U.S. District Court Judge Robert Whaley tossed out evidence seized from a car driven by Ascencion Alverez-Tejeda, charged with three felony counts of distributing cocaine and methamphetamine in Eastern Washington for a Mexican drug ring.

On June 8, a three-judge panel of the 9th U.S. Circuit Court of Appeals overruled Whaley, ruling that the search was legal but expressing reservations about the ruse used by the region’s Drug Enforcement Agency.

The case includes grand jury testimony that DEA agents have used similar tactics on other occasions — raising questions by judges and defense lawyers about how far law enforcement officers can go to mislead suspects and act without a warrant. The DEA, which waited three days after the seizure to get a search warrant, is defending the conduct of its agents.

In his April 2006 order, Whaley said the DEA engaged in shocking and outrageous conduct and committed criminal acts against Alverez-Tejeda, 35, who was living in Irrigon, Ore., and Diana Maria Volerio-Perez, his 30-year old girlfriend, when they were detained and searched without a warrant on Dec. 18, 2004.

In that incident, DEA agents staged a car accident near Redmond, Ore., ran a truck into the car Alverez-Tejeda was driving, pretended to be Deschutes County Sheriff’s deputies and drove off at high speed in Alverez-Tejeda’s car while falsely telling him it had just been randomly stolen.

As a result of the bogus theft of their car, the couple became victims of a crime, Whaley said.

The agents’ actions violated the Fourth Amendment and so tainted the case that drug evidence — two kilograms of cocaine and three pounds of methamphetamine — later found in the car should be suppressed, Whaley said.

U.S. Attorney James McDevitt filed an appeal on May 5, 2006, which stayed the case until the ruling earlier this month.

Now that the 9th Circuit has overturned Whaley’s order, a trial for Alverez-Tejeda will be scheduled.

Karen Dorn Steele and Kevin Graman, The Spokesman-Review (2007-06-18): Appeals court upholds DEA ruse

The Spokesman-Review story has a lot more on the details of the case. I mention it here, though, because it alerted me to this:

In oral arguments in Seattle in April, a three-judge panel of 9th Circuit judges peppered U.S. Attorney Russell Smoot of Spokane with questions as he argued that the agents’ tactics were reasonable.

This is the Keystone Cops case, said 9th District Circuit Judge Alex Kozinski, calling the agents’ ruse a hairbrained scheme.

But Kozinski, writing for the panel, said the ruse was not unconstitutional.

The agents’ actions were reasonable in light of their vital interest in seizing the drugs and not exposing their investigation, Kozinski wrote.

Karen Dorn Steele and Kevin Graman, The Spokesman-Review (2007-06-18): Appeals court upholds DEA ruse

Please note that the author of the majority opinion here is Judge Alex Kozinski. When he’s not busy writing opinions giving the narcs King’s X to cause auto collisions, impersonate local police officers, use their assistance to collision victims as a pretext for stealing cars, and all without a warrant of any kind, Judge Kozinski gives interviews to Reason magazine, who described him, not so long ago, as one of the most libertarian judges in the country.

Were you counting on the courts to uphold even minimal protections for civil liberties? Don’t.

Law enforcement

Friday, June 15th, 2007

Cops in America are heavily armed and trained to be bullies, and they routinely hurt people who pose no serious threat to anyone. People who complain about this kind of rough handling are treated like trash, as if any level of intimidation and violence whatsoever were obviously legitimate, and the victims are to blame for provoking whatever they get. Cops in America are also professional liars. They lie to obtain confessions; they lie to obtain consent for searches; they lie to intimidate; they lie to lull people into a false sense of security. They also lie repeatedly and extensively to carry on investigations, which is constantly necessary in the effort to enforce drug laws: since the so-called crime of selling and using drugs involves only willing parties, there’s no victim to file a complaint, so narcs have to lie and pose and infiltrate in order to even discover where drugs are being sold and by whom.

In La Pine, Oregon, here is how the DEA and the local narcs recently worked together to seize evidence from two people for a federal drug case without identifying themselves as cops, affording any opportunity to consult a lawyer, or even going so far as to get a warrant or talk to a judge.

On December 18, 2004, Ascension Alverez-Tejeda and his girlfriend were stopped at a traffic light near La Pine Oregon, and when the light turned green, the car in front of them stalled. Alverez-Tejeda stopped in time but a pickup truck behind him rear-ended him. When he got out to look at his bumper, the police showed up and arrested the truck driver for drinking and driving. The cops then convinced Alverez-Tejeda and his girlfriend to go to a nearby parking lot, ordered them out of their car and into in the back of the cop car for processing. While they were in the cruiser, a person jumped in their car and took off. The cops ordered the pair out and set off in full pursuit up the road. A few minutes later, the stolen car comes flying back down the road with the police cruiser in pursuit. The pursuing officer returns alone with the woman’s purse, telling the duo that the carjacker thrown it out the car window and escaped. The woman is so upset she hurls and the police put the distraught couple up in a motel.

But it was all a set up worthy of David Mamet. DEA agents were tracking a drug gang and had bought drugs out of the car months earlier, though not when Alverez-Tejeda was there. Using wiretaps and surveillance, the DEA learned that Alverez-Tejeda was using the leader’s car to transport illicit drugs. The agents then decided to stage something, perhaps even a carjacking, in order to seize the drugs without tipping off the conspirators. They never consulted a judge, but every person in the story, other than Alverez-Tejeda and his girlfriend, was a cop of some sort.

Once they got the car, the agents got a search warrant without telling the judge about the caper and seized cocaine and methamphetamines, as well as property belonging to Alverez-Tejeda and his girlfriend.

Ryan Singel, Wired Blogs (2007-06-08): Appeals Court Rules Cops Can Steal Cars and Lie to Victims To Conduct a Warrantless Search

And here’s what happened when they took this evidence to court:

The government indicted Alverez-Tejeda but the district court in Washington found that the caper violated the Fourth Amendment, thus making the drugs inadmissable in court. The government appealed.

The Ninth Circuit Court of Appeals overturned the lower court’s decision Friday, finding that this police escapade was legal since the cops had probable cause already to seize and search the car, thanks to the vehicle exception to the Fourth Amendment created by the courts during the War on Drugs. Therefore, the court found, the police are allowed much latitude in how they seize the car and arrest the driver. The tap was considered only a minimal use of force, and the fake chase wasn’t considered to have put any civilians lives in danger.

The government here certainly had important reasons for employing this unusual procedure in seizing the car. First, the agents wanted to stop the drugs before they reached their ultimate destination — a patently important goal. Second, they wanted to protect the anonymity of the ongoing investigation — another vital objective.

Ryan Singel, Wired Blogs (2007-06-08): Appeals Court Rules Cops Can Steal Cars and Lie to Victims To Conduct a Warrantless Search

To recap, two people who did absolutely nothing to violate anyone else’s rights or hurt anyone against their will, had their car rammed and then stolen. The narcs knew about the deliberate ramming and the theft but they lied about them—because, after all, they ordered them. They used this lie to seize property and obtain evidence without giving their victims any chance to assert their rights (since they were lied to, they had no idea that a search or seizure was even taking place), and without obtaining a warrant or submitting to judicial oversight of any kind. The narcs feel that they need to be able to do this kind of thing in order to do their jobs effectively, since snitch anonymity, which actually has nothing to do with privacy and everything to do with systematically lying about who they are and what they do, is an essential tool in their efforts to lock harmless people in cages for the next several years of their lives. The Ninth Circuit Court of Appeals, meanwhile, stands by and smilingly waves them on, once again under the excuse of necessity.

To prove, that these Sort of policed Societies are a Violation offered to Nature, and a Constraint upon the human Mind, it needs only to look upon the sanguinary Measures, and Instruments of Violence which are every where used to support them. Let us take a Review of the Dungeons, Whips, Chains, Racks, Gibbets, with which every Society is abundantly stored, by which hundreds of Victims are annually offered up to support a dozen or two in Pride and Madness, and Millions in an abject Servitude, and Dependence. There was a Time, when I looked with a reverential Awe on these Mysteries of Policy; but Age, Experience, and Philosophy have rent the Veil; and I view this Sanctum Sanctorum, at least, without any enthusiastick Admiration. I acknowledge indeed, the Necessity of such a Proceeding in such Institutions; but I must have a very mean Opinion of Institutions where such Proceedings are necessary.

Edmund Burke (1757): A Vindication of Natural Society

So who are the real criminals here?