Friday, June 4, 2010

Are Cameras the New Guns?

Are Cameras the New Guns?In response to a flood of Facebook and YouTube videos that depict police abuse, a new trend in law enforcement is gaining popularity. In at least three states, it is now illegal to record any on-duty police officer.

Even if the encounter involves you and may be necessary to your defense, and even if the recording is on a public street where no expectation of privacy exists.

The legal justification for arresting the "shooter" rests on existing wiretapping or eavesdropping laws, with statutes against obstructing law enforcement sometimes cited. Illinois, Massachusetts, and Maryland are among the 12 states in which all parties must consent for a recording to be legal unless, as with TV news crews, it is obvious to all that recording is underway. Since the police do not consent, the camera-wielder can be arrested. Most all-party-consent states also include an exception for recording in public places where "no expectation of privacy exists" (Illinois does not) but in practice this exception is not being recognized.

Massachusetts attorney June Jensen represented Simon Glik who was arrested for such a recording. She explained, "[T]he statute has been misconstrued by Boston police. You could go to the Boston Common and snap pictures and record if you want." Legal scholar and professor Jonathan Turley agrees, "The police are basing this claim on a ridiculous reading of the two-party consent surveillance law - requiring all parties to consent to being taped. I have written in the area of surveillance law and can say that this is utter nonsense."

The courts, however, disagree. A few weeks ago, an Illinois judge rejected a motion to dismiss an eavesdropping charge against Christopher Drew, who recorded his own arrest for selling one-dollar artwork on the streets of Chicago. Although the misdemeanor charges of not having a peddler's license and peddling in a prohibited area were dropped, Drew is being prosecuted for illegal recording, a Class I felony punishable by 4 to 15 years in prison.

In 2001, when Michael Hyde was arrested for criminally violating the state's electronic surveillance law - aka recording a police encounter - the Massachusetts Supreme Judicial Court upheld his conviction 4-2. In dissent, Chief Justice Margaret Marshall stated, "Citizens have a particularly important role to play when the official conduct at issue is that of the police. Their role cannot be performed if citizens must fear criminal reprisals…." (Note: In some states it is the audio alone that makes the recording illegal.)

The selection of "shooters" targeted for prosecution do, indeed, suggest a pattern of either reprisal or an attempt to intimidate.

Glik captured a police action on his cellphone to document what he considered to be excessive force. He was not only arrested, his phone was also seized.

On his website Drew wrote, "Myself and three other artists who documented my actions tried for two months to get the police to arrest me for selling art downtown so we could test the Chicago peddlers license law. The police hesitated for two months because they knew it would mean a federal court case. With this felony charge they are trying to avoid this test and ruin me financially and stain my credibility."

Hyde used his recording to file a harassment complaint against the police. After doing so, he was criminally charged.

In short, recordings that are flattering to the police - an officer kissing a baby or rescuing a dog - will almost certainly not result in prosecution even if they are done without all-party consent. The only people who seem prone to prosecution are those who embarrass or confront the police, or who somehow challenge the law. If true, then the prosecutions are a form of social control to discourage criticism of the police or simple dissent.

A recent arrest in Maryland is both typical and disturbing.

On March 5, 24-year-old Anthony John Graber III's motorcycle was pulled over for speeding. He is currently facing criminal charges for a video he recorded on his helmet-mounted camera during the traffic stop.

The case is disturbing because:

1) Graber was not arrested immediately. Ten days after the encounter, he posted some of he material to YouTube, and it embarrassed Trooper J. D. Uhler. The trooper, who was in plainclothes and an unmarked car, jumped out waving a gun and screaming. Only later did Uhler identify himself as a police officer. When the YouTube video was discovered the police got a warrant against Graber, searched his parents' house (where he presumably lives), seized equipment, and charged him with a violation of wiretapping law.

2) Baltimore criminal defense attorney Steven D. Silverman said he had never heard of the Maryland wiretap law being used in this manner. In other words, Maryland has joined the expanding trend of criminalizing the act of recording police abuse. Silverman surmises, "It's more [about] ‘contempt of cop' than the violation of the wiretapping law."

3) Police spokesman Gregory M. Shipley is defending the pursuit of charges against Graber, denying that it is "some capricious retribution" and citing as justification the particularly egregious nature of Graber's traffic offenses. Oddly, however, the offenses were not so egregious as to cause his arrest before the video appeared.

Almost without exception, police officials have staunchly supported the arresting officers. This argues strongly against the idea that some rogue officers are overreacting or that a few cops have something to hide. "Arrest those who record the police" appears to be official policy, and it's backed by the courts.

Carlos Miller at the Photography Is Not A Crime website offers an explanation: "For the second time in less than a month, a police officer was convicted from evidence obtained from a videotape. The first officer to be convicted was New York City Police Officer Patrick Pogan, who would never have stood trial had it not been for a video posted on Youtube showing him body slamming a bicyclist before charging him with assault on an officer. The second officer to be convicted was Ottawa Hills (Ohio) Police Officer Thomas White, who shot a motorcyclist in the back after a traffic stop, permanently paralyzing the 24-year-old man."

When the police act as though cameras were the equivalent of guns pointed at them, there is a sense in which they are correct. Cameras have become the most effective weapon that ordinary people have to protect against and to expose police abuse. And the police want it to stop.

Happily, even as the practice of arresting "shooters" expands, there are signs of effective backlash. At least one Pennsylvania jurisdiction has reaffirmed the right to video in public places. As part of a settlement with ACLU attorneys who represented an arrested "shooter," the police in Spring City and East Vincent Township adopted a written policy allowing the recording of on-duty policemen.

As journalist Radley Balko declares, "State legislatures should consider passing laws explicitly making it legal to record on-duty law enforcement officials."

Wendy McElroy is the author of several books on anarchism and feminism. She maintains the iconoclastic website ifeminists.net as well as an active blog at wendymcelroy.com.

The WSJ's Hit Piece On Gold

The WSJ issues an amusing hit piece on why gold is nothing but a "Ponzi Scheme", ignoring the fact that by its definition the stock market is precisely the very same. Either way, since we are seeing no let up in the currency debasement department of Central Banks, and gold continuing to trade near record highs, it is a good thing to occasionally have a shake out of the weak hands. After all it will merely provide far better entry prices for countries like Russia, which as we disclosed recently, have been buying up all the IMF has to sell in the open market. At the end of the day - the opinion of Brett Arends or of David Einhorn, David Rosenberg, Jim Rickards, Eric Sprott, and, oh yeah, John Paulson.

Some philosophical snippets from the WSJ hit piece. No commentary necessary:

At some levels, gold, as an investment, is absolutely ridiculous.

Warren Buffett put it well. "Gold gets dug out of the ground in Africa, or someplace," he said. "Then we melt it down, dig another hole, bury it again and pay people to stand around guarding it. It has no utility. Anyone watching from Mars would be scratching their head."

And that's not the half of it.

Gold is volatile. It's hard to value. It generates no income.

Yes, it's a "hard asset," but so are lots of other things—like land, bags of rice, even bottled water.

It's a currency "substitute," but it's useless. In prison, at least, they use cigarettes: If all else fails, they can smoke them. Imagine a bunch of health nuts in a nonsmoking "facility" still trying to settle their debts with cigarettes. That's gold. It doesn't make sense.

Some cherrypicking of facts:

As for being a "store of value," anyone who bought gold in the late 1970s and held on lost nearly all their purchasing power over the next 20 years.

Why gold is a ponzi:

Most of the new supply has come from mine production. Some, though a dwindling amount, has come from central banks. And a growing amount has come from recycling—old jewelry and the like being melted down for scrap. (This is a perennial issue with gold. I never understand why the fans think gold's incredible durability—it doesn't waste or corrode—is bullish for the market. It's bearish.) So if supply has consistently exceeded user demand, how come the price of gold has still been rising?

In a word, hoarding.

Gold investors, or hoarders, have made up all the difference. They are the only reason total "demand" has exceeded supply.

Lots of people have been buying gold in the hope it would rise. But the only way it can rise is if still more people buy it, hoping it will rise still further. And so on.

What do we call an investment scheme where current members' returns depend entirely on new money brought in by new members?

A Ponzi scheme.

We now realize we had it all wrong - it is not Keynesianism that is the biggest ponzi, it is gold, whose price suppression practices by JPMorgan and the LBMA cabal is now the target of a DOJ inquiry... Oh oops, the WSJ forgot to mention that part.

The WSJ's "powerful" conclusion

Yes, as I wrote earlier, gold may well be the next big bubble. And that may mean there is big money to be made in speculation.

But I don't trust it as an investment.

Something tells us that John Paulson, who has 30% of his fund now tied into gold, will read this article and rush to sell, sell, sell. Or not.

Interpol: Joran van der Sloot arrested in Santiago

Joran van der Sloot is being investigated in connection with the death of Stephany Flores Ramirez, right, and was a suspect in the disappearance of Natalee Holloway.

[Updated at 1:13 p.m.] Joran van der Sloot has been arrested and is in police custody in Santiago, Chile, an Interpol spokesperson in Santiago told CNN.

Van der Sloot, who was previously considered a suspect in the 2005 disappearance of Alabama teenager Natalee Holloway in Aruba, is the main suspect in this week's slaying of 21-year-old Stephany Flores Ramirez, officials said. She was was found Wednesday in a Lima, Peru, hotel room registered to van der Sloot. Chilean police told CNN that paperwork showed that van der Sloot entered Chile on Wednesday.

Peruvian Interior Minister Octavio Salazar Miranda said Thursday that Peru has made arrangements with Interpol to extradite van der Sloot.

Read full CNN.com story

[Updated at 12:33 p.m.] Chilean investigators have told CNN Chile that Joran van der Sloot was spotted in Arica, Chile, near the Peruvian border and they believe he may still be there.

[Posted at 11:59 a.m.] Peruvian authorities investigating a young woman's slaying this week are working with officials from Interpol, Chile, Argentina and Colombia in the search for Joran van der Sloot, a Dutch man previously considered a suspect in the 2005 disappearance of Alabama teenager Natalee Holloway, the Peruvian justice minister said Thursday.

There is "incriminating evidence" linking van der Sloot to the killing of 21-year-old Stephany Flores Ramirez, who was found with multiple stab wounds in a Lima hotel room Wednesday, Cesar Guardia Vasquez, of Chile Interpol's criminal investigations unit, said at a news conference.

The hotel room where Flores was found was registered in van der Sloot's name, he said.

A hotel guest and an employee witnessed the pair entering the hotel room together at 5 a.m. on Sunday, Guardia said.

Police have video of the previous night, May 29, of van der Sloot and Flores together at the Atlantic City Casino in Lima, he said.

According to immigration officials, van der Sloot fled to Chile over land on Monday, Guardia said.

"We have all the evidence to show that the killer is this man," the victim's father, businessman and race-car driver Ricardo Flores told CNN en Español.

Los Angeles Students to Be Taught That Arizona Immigration Law Is Un-American

This article was updated on June 3. See update at the end of the article.

The Los Angeles Unified School District school board wants all public school students in the city to be taught that Arizona's new immigration law is un-American.

The school board president made the announcement Tuesday night after the district's Board of Education passed a resolution to oppose the controversial law, which gives law enforcement officials in Arizona the power to question and detain people they suspect are in the U.S. illegally when they are stopped in relation to a crime or infraction.

Critics of the law say it will result in racial profiling.

The school board voted unanimously on Tuesday to “express outrage” and “condemnation” of the law, and it called on the school superintendent to look into curtailing economic support to the Grand Canyon State. About 73 percent of the students in the school district are Latino.

But supporters of the law say the school board is way out of bounds and that the measure will just distract from the children's education.

“This is ridiculous, it’s ridiculous for us to be involved in Arizona law,” said Jane Barnett, Chairman, Los Angeles County Republican Party. “There is a 50 percent dropout rate in some parts of the school district—is this going to keep kids in school?”

According to its press release, "The Los Angeles Board of Education also requested that Superintendent Ramon Cortines ensure that civics and history classes discuss the recent laws with students in the context of the American values of unity, diversity and equal protection for all people.”

"America must stand for tolerance, inclusiveness and equality,” said Board President Monica García, according to the release. “In our civics classes and in our hallways, we must give life to these values by teaching our students to value themselves; to respect others; and to demand fairness and justice for all who live within our borders. Any law which violates civil rights is un-American."

In an e-mail to FOXNews.com, school district spokesman Robert Alaniz elaborated:

“The Board of Education directed the Superintendent to ensure that LAUSD civics and history classes discuss the recent laws enacted in Arizona in the context of the American values of unity, diversity, and Equal Protection for all. Much like a number of controversial periods and laws that are part of our history and are currently taught including:

-- Slavery

-- Jim Crowe laws and segregation

-- Native American reservations

-- Residential schools (for Native Americans)

-- The Chinese Exclusion Act of 1882

-- Anti-Irish racism in the 19th century

-- Racism against immigrants from Southern and Eastern Europe in the 20th century

-- Anti-Semitism

-- Internment camps for Japanese Americans during World War II

-- The Mexican Repatriation Program (1929-1939)."

The school district resolution also opposed another new Arizona law that bans schools from teaching classes that promote the overthrow of the government or advocate ethnic solidarity.

The school board called on Arizona's leaders to reverse both of these “misguided” new laws, the press release said.

The board said the laws “effectively sanction and promote unconstitutional racial profiling and harassment,” and “blatantly violate the civil rights of both Arizona residents and all visitors to the State.”

They said Arizona’s new laws also “severely restrict the education of all children in Arizona by refusing to incorporate vital sections of history that incorporate the contributions of this country’s many diverse groups.”

The superintendent was also asked to investigate ways to curtail contracts with Arizona-based businesses and district travel to the state.

"We need to do everything in our power to help our students be global citizens, develop appreciation for the diversity in our midst, and reject any forms of racism or bias," said Board Vice President Yolie Flores. "This resolution highlights our commitment to ensuring that our students understand the ideals and constitutional rights that this great country is founded on, while also gaining an appreciation of the histories and cultural contributions of those who have helped build this nation."

“It is a sad day in America when the rights guaranteed under the U.S. Constitution are trampled upon under the color of law and authority,” said LAUSD Board Member Martinez. “Everyone, regardless of their status in the United States, has the right to equal protection under our laws. These Arizona laws are nothing but a knee-jerk backlash resulting from the lack of a comprehensive and well thought out immigration reform policy.”

The LA County Republican chairwoman said she’s been inundated with phone calls, e-mails and Facebook messages from people all over Los Angeles who say their school district has no business meddling in another state’s laws when they’ve got so many problems of their own to deal with.

“This is really crazy,” she said. “Everybody is upset about this.”

Barnett called the school board resolution a “pathetic stunt” that distracts educators from what they should be focusing on: educating the students.

“This is nothing we should be involved in. Let the courts deal with this,” she said. “We need to keep out of other people’s states’ business.”

Nathan Mintz, the founder of the South Bay Tea Party and the Republican nominee for the 53rd State Assembly seat.

“This is just another example of these embedded bureaucrats in California doing anything they can to deflect and distract from the poor job their doing of educating our children,” said Nathan Mintz, the founder of the South Bay Tea Party and the Republican nominee for the 53rd State Assembly seat.

He said attacking Arizona’s immigration law is just “a distraction from the key issue of educating the kids in our schools.”

“We support Arizona,” Barnett said. “In fact, I think we ought to go there right now for vacation.”

______

UPDATE: On June 3, The Los Angeles Unified School District Board of Education offered the following official response to this article:

“The Board of Education has directed the Superintendent to ensure that LAUSD civics and history classes discuss the recent laws enacted in Arizona in the context of the American values of unity, diversity, and Equal Protection for all. This very important piece of current events would be taught in our classrooms along with a number of controversial periods and laws which are a part of our history and are currently being taught including: slavery; Jim Crow laws and segregation; reservations and residential schools for Native Americans; The Chinese Exclusion Act of 1882; the anti-Irish racism in the 19th century; racism against immigrants from Southern and Eastern Europe during the 20th century; anti-Semitism; internment camps for Japanese Americans during World War II and the Mexican Repatriation Program during the 1930s.

Let’s remember that these laws were all deemed as “necessary” (in some cases for the security of our nation) during particular times in our history. To ignore what is currently happening in Arizona would be total denial of current events and a part of our history. At the very least it’s a discussion that should take place in the classroom.”

At polls, South Korea conservatives pay for response to Cheonan sinking

City and provincial elections dealt a blow to the conservative government of South Korea President Lee Myung-bak. Many voters were unhappy with the strong response to the sinking of the Cheonan Navy vessel.

Seoul Mayor Oh Se-hoon, running from the ruling Grand National Party, celebrates his re-election at his office in Seoul, South Korea, Thursday, June 3, 2010. The deadly sinking of a South Korean warship blamed on North Korea overshadowed local elections Wednesday seen as a gauge of public sentiment toward pro-American president Lee Myung-bak's handling of the security crisis.

AP Photo/Ahn Young-joon


Seoul, South Korea

The conservative government of South Korea’s President Lee Myung-bak suffered a shocking setback in city and provincial elections seen as a referendum on policy toward North Korea and other issues.

As final returns came in Thursday, stunned analysts and politicians sought to figure out why so many voters clearly were not happy with the government’s response to the sinking of a South Korean Navy vessel in March in which 46 sailors died.

In voting for more than 4,000 city and provincial positions, candidates of the main opposition Democratic Party won seven of 16 elections for governor and mayor as opposed to six for Mr. Lee’s Grand National Party, which previously had 11 of the 16 positions.

No margin of comfort

The narrow victory of the mayor of Seoul, Oh Se-hoon, to a second term over a woman identified with leftist causes offered scant comfort to Mr. Oh or to Korean conservatives in general.

Declared the winner by a margin of less than 1 percent, Mr. Oh issued a statement in which he said he “in reality was defeated.” His opponent, Han Myeong-sook, who had been a prime minister in the previous liberal government under the late President Roh Moo-hyun, declared “the people of Seoul and the nation have won” even though “I may have lost.”

Oh did not pull ahead in the count until early Thursday when the National Election Commission said he had 47.43 percent of the votes as opposed to 46.83 percent for Ms. Han. The close vote may well have eliminated him as a possible conservative candidate in the 2012 election to succeed Lee, barred by the Constitution from a second five-year term.

A factor in the resurgence of the opposition was the desire of younger voters for change. All told, 54.5 of the electorate went to the polls, the highest percentage in 15 years. Many older voters, more likely to support the conservatives, stayed home or enjoyed the holiday that was set aside for voting.

Oh had earlier been viewed as an easy winner in elections in which Lee’s popularity was believed to have risen on the strength of his strong stance against North Korea. The government on May 20 announced the results of an investigation showing that a North Korean midget submarine had fired the torpedo that sunk the Cheonan in disputed waters in the West or Yellow Sea.

Making matters worse?

Instead of denouncing North Korea for the attack, however, Democratic Party candidates criticized their government for retaliatory measures on trade and aid that have infuriated the North. In rallies, Internet postings, and television ads, they often posed the question, “Do you want war or do you want peace?”

The government was “demonstrating and promoting this Cheonan thing right before the elections,” says Cho Min-soo, an office worker. “It was so carefully planned. People didn’t buy it.” By cutting off trade with North Korea, says Mr. Cho, President Lee “is somehow making matters worse.”

That sentiment prevailed as expected in the southwestern Cholla region, including Kwangju, an important city that was the scene of a bloody uprising 30 years ago. The southwest was the main source of strength for the late President Kim Dae-jung, who initiated the Sunshine policy of reconciliation with North Korea while president from 1998 to 2003.

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I am Israel Exposing true face of Zionist Occupation in English version.flv

Click this link .... http://www.youtube.com/watch?v=4RUMoBlyNzs

Global Covert Govt Inc.: Bilderberg gather forces near Barcelona

Click this link ...... http://www.youtube.com/user/RussiaToday#p/u/2/9wxIPccqWzU