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Hey Hey. Ho Ho. DA O'Malley Has To Go!

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I just made that up. But it should be being chanted from the Halls of Sproul (UC Berkeley) to the Shores of Lake Merritt (Oakland), and everywhere in between.

Nancy O'Malley is the District Attorney for Alameda County, California, whose latest subversion of the Constitution (but by no means her first, or second, for that matter) is the targeting of UC Berkeley Occupy protest leaders.

Yesterday, The American Civil Liberties Union of Northern California spoke out against what is being done by O'Malley and her co-conspirators in a scathing press release.

The Alameda County District Attorney is planning to prosecute at least 11 students and one faculty member in relation to the Occupy Cal protest in the fall. Thirty-nine people were arrested that day, and the DA plans to prosecute 4 of the 39. The DA has also decided to charge another 8 students who were not even arrested that day.

...the newly-charged individuals have been active leaders in the student protest movement and have provided testimony in the University’s own internal reviews of protest issues.  We also know that at least 2 of the students sought medical treatment at a University health facility, which then handed information about them to the alleged assailant, UCPD...


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Support your ACLU, or there will be no one left to support you

These criminal prosecutions are nothing short of chilling. By singling out prominent and visible leaders of the protest movement, they chill students and faculty in the exercise of their free speech rights. They also chill potential witnesses from coming forward and assisting the University with this and future investigations of police misconduct. And they chill injured members of the Berkeley community from seeking medical treatment for physical injuries...

Confidence in the University was deeply shaken after it chose to respond to peaceful student protesters on November 9 with baton-wielding police clad in riot gear. The current criminal prosecutions serve only to further undermine confidence by raising questions of whether the University singled out active leaders and requested that the District Attorney select them for prosecution...

There's not much more to say than to repeat what I wrote a week ago about O'Malley and her abuse of her office:
You'd think the Alameda District Attorney's Office would have better things to do than to charge people with maliciously blocking sidewalks. You might think they would be devoting their resources to investigating the hundred-plus murders that take place in Oakland every year, or, dare we dream, the plethora of crimes that the Oakland Police commit against the citizens they are sworn to protect and serve.

But you would think wrong.  

Given that these ridiculous charges are being levied against Cal Occupiers, not Occupy Oaklanders, it is now clear that the District Attorney either has a personal vendetta against all things Occupy, or is receiving orders from some very powerful people to do everything in her power to crush the Occupy movement in all of Alameda County, not just Oakland.

Cal students have marched from Berkeley to Oakland in solidarity on at least two occasions, and Occupy Oakland has done the same as many times in reverse. Now it's time for them to unite against a foe who is determined to eliminate their wills to keep fighting, abusing her position of authority by stripping the citizens of Alameda County of their First Amendment rights.

Unfortunately nothing is likely to stop O'Malley short of some kind of court smackdown, which could be a long time coming. She is in office until 2014.

The only other possible alternative would to recall her, as she is an elected official.  California is usually a trend-setter, but Wisconsin has set the high bar for recalling obnoxious, offensive officials -- removing two already and preparing to evict five more. Perhaps it's time for Berkeley and Oakland to unite to send a 'Wisconsin Neon' to O'Malley.


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Ho Ho. Hey Hey. DA O'Malley Go Away!

Originally posted to jpmassar on Wed Mar 14, 2012 at 09:37 AM PDT.

Also republished by Occupy Wall Street, ClassWarfare Newsletter: WallStreet VS Working Class Global Occupy movement, California politics, SFKossacks, and Progressive Policy Zone.

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Comment Preferences

  •  Yeah, okay. I rate me high in #failedchants (5+ / 0-)
  •  back in the day when something like this (10+ / 0-)

    would occur we would mobilize from sacremento to san diego and soon s.f./berkely would be an occupied encampment.

    round the clock protest rallys, be ins, and scathing political rhetoric in the local/national free press.

    those were, and can be once again, the days.

    "Papoon for President - Not Insane".

    by darthburger on Wed Mar 14, 2012 at 10:03:56 AM PDT

  •  Just keep in mind (6+ / 0-)

    that the best things that have ever happened for Occupy were the system's overreactions to it.  Which just showed them bare naked for what they really are.

    We got the tape, Madam DA.

    Greed's self-regulation is collapse. So is delusion's.

    by Publius2008 on Wed Mar 14, 2012 at 10:09:58 AM PDT

  •  this is snark, right? (0+ / 0-)

    you've seen the full video that proves their resisting arrest, yes?

    In my many years I have come to a conclusion that one useless man is a shame, two is a law firm, and three or more is a congress. -John Adams

    by rcnewton on Wed Mar 14, 2012 at 11:15:23 AM PDT

    •  I've seen police beating unarmed students. (4+ / 0-)

      That's the only thing that is relevant.  Your idiotic 'resisting arrest' narrative is simply a thin veneer over police brutality.

      •  you see what you want to see (0+ / 0-)

        and not the reality, eh? how convenient :-)

        they resisted arrest, repeatedly, and were arrested. that's the long and the short of this one. if you engage in civil disobedience, you should expect to be tossed in the clink.

        In my many years I have come to a conclusion that one useless man is a shame, two is a law firm, and three or more is a congress. -John Adams

        by rcnewton on Wed Mar 14, 2012 at 12:04:41 PM PDT

        [ Parent ]

    •  since the original arrests were invalid (0+ / 0-)

      resisting them is no crime. the police have no legitimate authority to violate 1st amendment rights to assemble and speak.

      are you a republican or something?

      "You try to vote or participate in the government/ and the muh'fuckin' Democrats is actin' like Republicans" ~ Kweli -8.00, -6.56

      by joey c on Wed Mar 14, 2012 at 11:46:42 AM PDT

      [ Parent ]

      •  aren't we lucky that we have you to decide (0+ / 0-)

        whether an arrest is valid? they usually leave that to a professional - like a judge.

        they resisted police orders, and were arrested.

        In my many years I have come to a conclusion that one useless man is a shame, two is a law firm, and three or more is a congress. -John Adams

        by rcnewton on Wed Mar 14, 2012 at 12:06:06 PM PDT

        [ Parent ]

        •  like the ACLU RC? (0+ / 0-)

          they're pretty professional...

          •  the aclu didn't file a suit. (0+ / 0-)

            if it was actionable, they would have.

            come on now, let's act like grown-ups.

            In my many years I have come to a conclusion that one useless man is a shame, two is a law firm, and three or more is a congress. -John Adams

            by rcnewton on Wed Mar 14, 2012 at 12:46:37 PM PDT

            [ Parent ]

            •  So RC (0+ / 0-)

              you have a point about my being overly sarcastic.  

              My apologies.

              Other than that, I, like jpmassar, stand with the ACLU.  There are, of course, many instances of law enforcement and judicial misconduct and misjudgment that have gone unnoticed and unaddressed.  Otherwise, there would be much less of a need for an ACLU.  

              I live in Alameda County.  If there was a recall, perhaps a project for Occupy, I would review her record and definiitely consider signing.

              My best/Sh

              •  i would be way more in favor of occupy (0+ / 0-)

                if they had actual projects. though, recalling the democratic county attorney doesn't really seem like the wisest idea...

                In my many years I have come to a conclusion that one useless man is a shame, two is a law firm, and three or more is a congress. -John Adams

                by rcnewton on Wed Mar 14, 2012 at 03:26:30 PM PDT

                [ Parent ]

                •  I personally like (0+ / 0-)

                  the projects that help people avoid foreclosure...

                  •  unfortunately their tactics only delay foreclosure (0+ / 0-)

                    not avoid it. it's kind of amateurish, at best.

                    In my many years I have come to a conclusion that one useless man is a shame, two is a law firm, and three or more is a congress. -John Adams

                    by rcnewton on Wed Mar 14, 2012 at 04:59:12 PM PDT

                    [ Parent ]

                    •  well... (0+ / 0-)

                      there is at least this example...may be others...

                      " In a tangible victory by the Occupy movement, Occupy Atlanta has successfully helped save an Iraq War veteran from foreclosure.

                      Activists began occupying Brigitte Walker's home on Dec. 6. By the end of that first week, JPMorgan Chase, which owns her mortgage, began discussing with the activists and Walker the possibility of a loan modification. Chase's modification offer became official Monday morning. The offer will result, Walker tells The Huffington Post, in hundreds per month in savings.

                      Before Occupy Atlanta set up its tents on her lawn, Chase had set an eviction date for Jan. 3. Now, Walker, who lives with her girlfriend and her two children, will get to stay in her Riverdale, Ga. home.

                      'I strongly believe Occupy Atlanta accelerated the process and helped save my home," Walker says. "If it had not been for them standing up, I probably wouldn't be having this happy ending.'...."

                      From the Huffingtonpost/best/Sh

                    •  bullshit. (0+ / 0-)
                      Chase Bank had offered to negotiate with Mrs. Katy and her family for a loan modification... This past week Mrs. Katy decided to take the loan modification offered by Chase!!! Another fight taken public and another win...
                      http://occupyoakland.org/...

                      Also Gayla Newsome was ultimately able to move back and stay in her house.

                      http://www.dailykos.com/...

                      http://www.dailykos.com/...

        •  that's the problem with a herd mentality (0+ / 0-)

          "the cops said 'jump; so I must comply."

          "Sec. Powell said they have WMD, so it must be true."

          The professionals are full of shit. You should check out Navy Vet Terp's description of when her teachers forced her to recite Christian prayers in public schools as a young Jewish girl. Those were professionals, professionally  violating the Constitution for decades.

          Eventually, enlightened courts and/or legislatures will make clear that using "blocking traffic" or "failure to obey orders" or "lacking proper permits" are not legit crimes but just ways to silence speech which the powers that be dislike.

          In the meantime, dupes will keep saying, "but it's the law" and folks of good conscience will violate those unjust laws, while others of good conscience will lament the evil nature of those unjust laws.

          "You try to vote or participate in the government/ and the muh'fuckin' Democrats is actin' like Republicans" ~ Kweli -8.00, -6.56

          by joey c on Wed Mar 14, 2012 at 01:24:31 PM PDT

          [ Parent ]

  •  I have only one quarrel... (3+ / 0-)
    Recommended by:
    jpmassar, luckylizard, kmoore61

    ...with your article, jp:

    the University...chose to respond to peaceful student protesters...with baton-wielding police...To my eyes, these police weren't merely 'wielding' their batons; these riot clad cops lunged and jammed the blunt ends of their batons into the abdomens of young women at full force.  There were some men chosen for this treatment also, but it appeared to me to be directed primarily at women.

    As a woman, just watching this brutal sadism made my uterus hurt.  In the letter I sent to Chancellor Birgeneau, I recommended that he send the tapes to the esteemed professors in the psychology department to see what they would have to say about these actions.

    Birgeneau probably never sought psych evaluation.  And now, as you point out, most will be afraid to speak out to challenge the party line regarless of how sadistic the actions were.

    "The Future of Man" [... ???] Pierre Teilhard de Chardin

    by dharmasyd on Wed Mar 14, 2012 at 01:12:57 PM PDT

    •  Cops also targetted students farther back... (0+ / 0-)

      in the crowd, who were clearly not in tents or resisting arrest.    My daughter was standing on the ledge of the fountain, well away from the "front lines" and was shoved by an officer in riot gear, and when her friend stepped in front of her he was struck with a baton.  They were both bruised and shaken.  My daughter was raised to believe that police are benign, and there for our protection--let's just say she's had a change of mind.  

      Higher education does open your eyes, doesn't it?  She says she's very tempted to follow the tours around this spring, when they start spouting their lines about "Berkeley, the home of the Free Speech Movement," to potential applicants, and point out the inconsistency....

  •  There is a line that can be crossed seperating (2+ / 0-)
    Recommended by:
    jpmassar, luckylizard

    legitimate law enforcement, and violations of civil rights. The later is a federal offense, and I would love to see the feds prosecute the DA. The case would be based on selective actions designed for the purpose (however legitimare otherwise) of chilling political dissent.

    To me, this looks like an O'Malley political decision that went in search of creating defendants for her to prosecute. Not the easiest thing to prove but well worth the statement that the effort would make. (Not that I think that it is ever going to happen.)

    There can be no protection locally if we're content to ignore the fact that there are no controls globally.

    by oldpotsmuggler on Wed Mar 14, 2012 at 01:27:11 PM PDT

  •  I agree (0+ / 0-)

    She needs to go.

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