A New York Civil Liberties Union (NYCLU) Observer was arrested this week in the recent OWS march in front of the MTA building. The Observer who was clearly not violating the law was reportedly confronted by Deputy Inspector Johnny Cardona — the officer made infamous by punching protester Felix Rivera-Pitre. A video shows that officer Cardona allegedly grabbed OWS coordinator, Katherine Bromberg and pulled her into the street before putting her under arrest. The charges were later dropped. The site identified the officer as Cardona, though regardless of his identity, the arrest appears without a legal basis or cause. Once again, while the charges were dropped, there is no indication that the officer would be investigated for such an arrest of an observer in the course of a protected activity.
Just for the record, I am still co-lead counsel with Dan Schwartz of Bryan Cave in the World Bank case (Chang v. United States) where journalists and legal observers were arrested in a mass arrest by the District of Columbia and federal government near the White House.
The march was part of a training session for Occupy Wall Street and ended up in front of 2 Broadway, the MTA’s Materiel Division and Solicitation Management Unit.
This was one of the prior videos that made Cardona so well-known nationally:
Once again, regardless if this proves to be Cardona, the arrest is a continuation of the pattern in Washington and New York regarding journalists and observers at these marches. The video linked above shows Bromberg talking calmly with the officer before being pulled into the street for an arrest. At a minimum, the NYPD should confirm the charges sworn out by the officer.
We will be following the story as it unfolds.
Source: Gothamist
Kudos: Kimberly Wilder
There is a much larger context being played out here. That context is the crushing of dissent. This isn’t isolated, it’s part of a pattern of abuse by authorities against people exorcizing their rights of free speech and assembly.
Yves Smith, the writer of Naked Capitalism, points to an extremely disturbing aspect of what is happening to our police: “Go review what happened in NYC with OWS, for starters. The NYC police got military training. Bloomberg even said he has the seventh biggest army in the world. The integration and eventual subordination of local policing to the national security apparatus, if this trend continues, is a major advance in the surveillance state. I’m sure you are well aware that various corrupt municipalities (haven’t 2 of the last 4 mayors of Chicago been convicted?) can be thuggish, but local police heretofore have been accountable to local authorities, which IS generally a bulwark against authoritarianism.”
Jemima Pierre of Black Agenda Report puts this into further context: “With all of this, it is clear that, even though it seems to only be concerned with international wars and other misadventures, the US government is preparing for domestic insurrection. And it has done so by unleashing the structures of totalitarianism, as it seeks to regulate our actions through mass surveillance, fear, and threats of repression. (For how else can we understand the recent purchase by the Department of Homeland Security of nearly 500 million rounds of ultra-deadly hollow-point bullets and 40 caliber ammo, as well as a large number of semi-portable steel checkpoint guardhouses, complete with high-impact bulletproof glass windows and doors?)
And why not? The political order is being shaken, the Western financial infrastructure is collapsing, and empire is imploding. They know it and they are ready.”
If this happened in another nation we would understand what it is, fascism and repression. That is what is happening here and we need to see that clearly.
http://www.cbsnews.com/video/watch/?id=7382317n (Ray Kelly’s rise to the top, September 25, 2011)
shano,
Interesting comment. There’s a lot of “theater” going on, as we know. Kelly spoke about it on 60 Minutes.
Tim Pool shot the video of this arrest. The NYPD KNOWS Tim and follows his live stream, too. Did this cop see Tim point the live stream and then arrest the woman as a show of power?
All the NYPD know Tim Pool. It just seems strange that the arrest happens exactly at the moment that Tim turns his live cast onto that part of the demonstration. Very odd. Is this cop grandstanding for the live stream?
http://www.salon.com/2012/04/30/what_to_expect_on_may_day/singleton/
If the NYC cops had any sense, they’d just leave them alone. If the cop on the photo has misbehaved once before, he should have been re-assigned. I am surprised at the stupidity of a police force which usually demonstrates more sense.
That’s it exactly, “civil obedience.”
The TarSands demonstrations in DC showed something else, as well, about the effect of police behavior on the protesters. The first day of the Tar Sands demonstrations, about 100 protesters were arrested, but they were all mistreated. They were kept without water in full sun, hands cuffed behind them, for hours, shuttled in hot airless vans from one place to another, and deliberately treated in ways that could cause minor injury. Meanwhile one 70-year-old protestor notified the officers that if he did not get his meds, “You may not have me here tomorrow” and they called his wife to come pick him up — so there was very little rationale for the way they treated the rest of them. They actually wanted to keep other protesters from joining in, hoping that the stories of those arrested would thin the ranks. It had the opposite effect, and caused the numbers being arrested to grow so quickly that the police immediately dropped back to the traditional “two hour turn-around post and go” arrests that the first group had been advised about in their trainings.
A friend of mine from Yemen advised me that nonviolent protests in “Arab Spring” were designed to get hostile, violent responses so that the world community could focus attention on the outrages committed by the leadership. He said, “It is a sacrifice program. After a certain number of terrible pictures, somebody has to notice.”
Interesting…
Having now attended two training sessions for OWS (99%) I can tell you that this situation was handled in exactly the right manner by the protesters.
Obey the law, don’t go looking for trouble, don’t start any trouble, but turning the cops’ lawlessness to one’s own advantage is an opportunity not to be wasted. Keep those cell phones at the ready for “black & whites” (pic/vid) are better than a thousand words.
This is a blatant misuse of authority and the city of New York should be ready to dig deep into their pockets for compensation. This cop and his co-felons should be brought up on criminal assault charges and fired from the force. This is supposed to be a free society. Let’s see if the courts will confirm that.
http://www.democracynow.org/2012/4/30/ahead_of_may_day_david_harvey (Ahead of May Day, David Harvey Details Urban Uprisings From Occupy Wall Street to the Paris Commune, April 30)
Talkingdog, I was at an occupy Philly protest (I no longer go because they have gone far afield of what OWS is about unfortunately). The police were fine, nice, etc however, although none of us were near traffic, some just on the road next to the sidewalk, a contingent of plainclothes officers took to the street, blocking traffic so that we would not “block traffic”. It seemed clear the intent was more intended to intimidate us (at this it was a resounding failure.)
Welcome to New York:
http://www.nytimes.com/2012/04/20/opinion/better-ways-to-police-than-stop-and-frisk.html
http://occupywallst.org/
I watched some of the video. My computer is too slow to do a continuous stream but it is clear that they handcuffed her after yanking her arm. Several cops with badges are involved. Since they were armed it is a different sort of assault for civil purposes and for damages. I hope that she sues and that there is a sidewalk in front of the courthouse and that the group shows up again in solidarity. They should wear steel wrist collars so that when the pigs put the cuffs on their wrists wont get damaged as much. Since the Mayor is behind all of this assault and battery it would be appropriate to demonstrate in the sidewalk in front of one of his imperial offices like Bloomberg television. Those cops in the street were blocking traffic. No small detail to be lost on the jury when the cops say that she was merely taking up a square foot or less on the sidewalk.
Woosty’s still a cat, I am not an attorney but it will be interesting to read what answers to your question.
“….their main defense seemed to be to wear her down, and as with Martin and others, to badmouth her ….”
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so, is this itself not actionable and a breach of legal due process?
Just an observation from a number of years ago. A woman in my apt building, when I lived in NYC, was raped in the subway. There was an issue of the lighting and others that I now no longer recall. She sued and was put through hell by the city. (I moved away before it was ever resolved, which was years, so do not know the ultimate outcome but their main defense seemed to be to wear her down, and as with Martin and others, to badmouth her A person under the constitution and laws has rights, including resorting to the courts for civil relief. Unfortunately the reality is a lot different then the appearance of legality and ability to get redress.
A person clothed in official status and duty with a badge and gun has assaulted and battered a person without probable cause, without warrant. Her remedy should be to sue him in federal court under Title 42 of the United States Code, section 1983 for violaton of civil rights. If someone else told him to do it then sue them as conspirator and joint conduct. Supervisor is liable for his/her acts in the charges falsely brought (false arrest) and coverup. The City hired him and put him on the street and condones his conduct. Municipal liabliity is authorized by the Monnell case. Attorneys fees are awarded under Section 1988.
If this blog is about the Constitution then we should be discussing the remedies available. The photo is nice but the victim has a remedy and should be encouraged to pursue it. That cop should lose some weight.
Hurt, threaten one and hope that the fear that may entail causes hundreds to drop out. Dredd is right (I hope).
Wasn’t a retired NY Sct judge arrested as well….
This will have the effect that Rush Limbaugh had on democratic candidates running for office this year.
You can’t pay enough money for this kind of advertisement. Thanks police red necks!