In May of this year, thousands of people gathered at the White House to spontaneously celebrate the death of Osama bin Laden. The Park Police did not ask them for a permit, did not ask them to disperse, and there were no paddy wagons called to haul them away. Of course killing Osama bin Laden was something the President repeatedly spoke of with pride, earning himself not only a bump in his poll numbers but also a Saturday Night Live send-up.
As I sat in DC traffic court waiting for Dan Choi to be released from jail on Monday, it became clear that the objective of the government was to prevent him from doing what the Osama bin Laden celebrants had been freely permitted to do: express their first amendment rights in front of a powerful American symbol owned by the American people.
» Stand with Lt. Dan Choi against the governments attempts to harass him for his outspoken activism.
Dan, David Schlesinger and Tom Weis were three of the sixty-five who were arrested last Saturday for protesting in front of the White House against the Keystone XL oil pipeline. Unlike the Bin Laden celebrants, the organizers of the protest — Bill McKibben’s 350.org — had a permit. They had also negotiated with the Park Police for weeks, and were told that the protesters would be immediately released and given a fine. Just as the Park Police have typically been handing White House protests ever since Obama took office.
But the Park Police did not honor their agreement with the organizers. Orders came from “higher up” to hold the protesters in DC jail for two days, on the misdemeanor charge of “failure to obey” — a charge that carries no jail time and equates to a parking ticket.
And so on Monday, I watched as Dan, David Schlesinger and Tom Weis were marched into traffic court in leg irons, handcuffs and chains. They had not done anything that the other 62 people arrested along side of them had not done, the same thing that hundreds of others have been arrested for since Saturday. I was one of those people. The charges against us were dropped without explanation, but the government was now electing to add another charge to Dan, Tom and David: “incommoding.”
What is “incommoding?” Cynthia Kouril looked it up:
It is unlawful for a person, alone or in concert with others, to crowd, obstruct, or incommode the use of any street, avenue, alley, road, highway, or sidewalk, or the entrance of any public or private building or enclosure or the use of or passage through any public conveyance, and to continue or resume the crowding, obstructing, or incommoding after being instructed by a law enforcement officer to cease the crowding, obstructing, or incommoding. A person who violates any provision of this section shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $500, imprisoned for not more than 90 days, or both.
So basically, “incommoding” means disobeying a law enforcement officer who is attempting to keep a public space from becoming crowded or obstructed.
Someone will have to explain to me why, if the Park Police are so concerned about the safety issues presented by crowds in front of the White House, they didn’t elect to close Lafayette Park on the night that Bin Laden was killed and there were literally thousands of drunk demonstrators “incommoding?”
Because they certainly closed it in April when Dan and five others chained themselves to the White House fence, and the Park Police wanted to keep the press away:
Police chased reporters away from the White House and closed Lafayette Park today in response to a gay rights protest in which several service members in full uniform handcuffed themselves to the White House gate to protest “Don’t Ask, Don’t Tell.”
People who have covered the White House for years tell me that’s an extremely unusual thing to do in an area that regularly features protests.
A reporter can be seen in the YouTube video above calling the move “outrageous” and “ridiculous.”
The government also elected to bring federal charges (rather than municipal, as they normally do) against Dan and other DADT protesters who were arrested in front of the White House last November. Scott Wooledge, one of the people arrested with Dan, wrote about what happened to them. Essentially, the Assistant US Attorney Angela George took four months to negotiate a plea deal:
The key sticking point from day one of the plea negotiations has been the prosecution’s unrelenting insistence that we demonstrators must be left with a permanent adult criminal record for taking action.
Ultimately George relented on the permanent adult criminal record, but the protesters were forced to admit guilt as part of the deal. Dan refused to do that, and the government will put him on trial on August 29.
But the actions of the Justice Department in the case troubled Judge John Facciola a great deal. As Scott wrote:
The application of this Federal statute to our case seemed to strike Judge Facciola as both unusual and disproportionate to the infraction, as well. He seemed to entertain Goldstone’s argument it could be a troubling indication of an abusive measure taken to punish civil rights demonstrators. Judge Facciola himself, unprompted, offered a comparison Shuttlesworth v. Birmingham, a landmark unanimous Supreme Court decision of the Civil Rights Era. Fred Shuttlesworth was involved in the Southern Christian Leadership Conference and an ally of Dr. Martin Luther King’s. In 1963, he was arrested for conducting a civil rights march in Alabama without obtaining a proper parade permit. He was convicted under a local Birmingham statute.
The Court reversed Shuttlesworth’s conviction because the circumstances indicated that the parade permit was denied not to control traffic, but to censor ideas.
Judge Facciola thought the charges were “disproportionate” to the protesters’ actions, and “strongly suggested the prosecutor go back to her supervisor and revise the charges.” According to Scott, Facciola said that ‘disorderly conduct’ under District of Columbia local jurisdiction “might more appropriately fit to the incident.” “Disorderly conduct” carries “a lesser fine and a maximum of 90 days in jail, as opposed to six months for the Federal charge.”
George came back four hours later, however, and refused to comply with the judge’s request. “Her office did not feel a charge of “disorderly conduct” was appropriate,” says Scott. “Their odd position seemed to be our behavior was ‘polite,’ orderly, and insufficiently ‘boisterous‘ and, as such, didn’t warrant the application of a less serious charge. A video of the event is below. I’ll leave it to the reader to decide if they themselves might describe our conduct as ‘boisterous,’ as would befit the statute requirements”:
So the US Attorney apparently believes that the protesters were too “polite” to have their charges reduced.
» Stand with Lt. Dan Choi – we’ll deliver your signature to the court on August 29th.
When I brought Dan and John “Scarecrow” Chandley home from jail on Monday after their release, Dan wanted all all of us to watch Iron Jawed Angels, the Katja von Garnier film starring Hillary Swank that tells the story of Alice Paul. Paul and her fellow suffragettes were arrested by Woodrow Wilson in 1917 for protesting in front of the White House. They too were taken to jail where they served six months, also on charges of — you guessed it — “obstructing traffic.” They went on a hunger strike, were force fed raw eggs and quite nearly died, but the result was that Wilson suddenly decided that giving women the vote was an important “war measure” as he tried to get the embarrassing incident behind him.
And for all those who say that tactics like these “will elect Sarah Palin” — that is how women got the right to vote.
But to the larger point: when Wilson had the suffragettes hauled off to prison, Alice Paul immediately insisted that they were all political prisoners. And that the measures being taken against them were not an attempt to control traffic, but rather to stifle free speech.
The same thing that happened to Alice Paul and the suffragettes is happening to Dan Choi, his fellow DADT protesters, and now Bill McKibben and the Tar Sands protesters. I do not know how anyone could argue with a straight face that laws written to control traffic are not being selectively enforced to punish free speech when it embarrasses the President, just as they were in Woodrow Wilson’s time. And the minute that the law is abused by those in power in order to punish their critics, the people thus incarcerated by the government become political prisoners.
And so we are standing with Dan Choi. We are signing a letter of support that he will give to the court when he is tried on August 29, and again on October 1. Because the austerity measures that will soon be inflicted upon the country will most certainly drive more people to engage in nonviolent civil disobedience.
With their “excessive” response to the White House protesters, the government hopes to send a message to those who might follow in their footsteps. It’s important that we send one back.
Other posts in this series:
- Did Obama Order Tar Sands Protesters Jailed?
- Tar Sands Activists: Are You Discouraged Yet?
- How to Stand with the Flaming Firebaggers Against the Tar Sands Pipeline
- Jane and Others Jailed Till Monday, Take Action, Support the Tar Sands Sit-In
- Livestream: Flaming Firebaggers Tar Sands White House Sit-In




60 Comments

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We are all Political Prisoners!
Yes, Dan is being singled out as the whipping boy to discourage others.
Brad Manning is being singled out.
Unemployed are being singled out.
How dare the man that we pay and expect to uphold the Constitution, Our Bill of Rights, and the Declaration of Independence hold any US citizen as political prisoner! WE are what keeps this country together.
Obama, LET MY PEOPLE GO!
Does Ms George have a thought disorder? I am surprised she could put all that together in a sentence…. Thank you for this full and excellent description….the Civil Rights case is certainly instructive. Fine examples of inconsistent standards for protest behavior; scary, in a word.
I will try to find anything documents that give more indication of what the government’s argument is, but this was the understanding of the lawyers and those in attendance.
The suppression of peaceful protest coinciding with the MLK memorial opening is a tad ironic.
We are truly through the Looking Glass here under Mr. Transparency’s Rule of Law administration.
Signed proudly and gladly with a small donation included to help fight the good fight.
Soooooo happy I can do things like this again!
Iron Jawed Angels in 12 parts on youtube.
Whether she does or not, I’ll bet she has a memo on her desk that’s on White House stationery.
So, maybe she will see my name on an FDL letter of support….along with many thoughtful people who disagree with her and the WH.
“Manacled in traffic court” is all it took to understand this. This situation is completely ridiculous and it reflects very poorly indeed on the DC police as well as whichever “higher ups” were ultimately involved. This event is a 100% cut-and-dried example of heavy-handed state practices intended to intimidate and bully political leftists.
If she sees mine, she won’t like the comment.
Fixed it for ya. The buck only stops there.
As George Carlin said: YOU HAVE NO RIGHTS
Jane while I applaud what you, Dan and others are doing, I think you have to face up to reality. The system is corrupt to the core. People protesting against big interest get arrested, while bankers an co get bigger bonuses. I think if you want to shift the power of balance you need to go after the police. They are nothing but wage slaves. You need to start writing blogs that ask them why they are allowed to arrest peaceful protesters when bankers put their their friends and neighbors on the street and out of jobs? Why they are allowed to arrest peaceful protesters when corporations ship jobs overseas decimating communities and ruining lives. Why are they allowed to arrest peaceful protesters when our constitution said the right to free speech must be upheld. And so on. We need to wake up local law enforcement. if we can’t then God help us all
With Reagan we could protest – Obama has taken Reagan to the next level.
The entire gay community should be intensely outraged by this separate and unequal treatment on that basis alone.
I Stand With Dan!
Hear! Hear!
BTW Kelly, I thought we were going to go over that chart after the meeting but instead you hung up on all of us….
Also why do we accept we are subject to the law when we know it was written not for us but against us. I’m sorry, but I do do not remember being born and agreeing and signing up to this. What is the basis. Congress under the constitution has the right to make and pass laws. But could one not argue that if congress is also violating the constitution that it can not have it both ways. not sure but I think we need to start looking at this and start getting creative and stop allowing them to use their systems against us
Whoops, don’t kill me. :)
I’m fixing up that chart and will send out tomorrow; and let’s chat then if you want.
This is just sickening.
Th Obama administration apparatchiks all threw their irony meters overboard long ago.
LMAO! I won’t kill you! I sat there for a bit waiting for you to come back on and then I got distracted myself.
Signed, of course. Dan is an outstanding person and I hope that the day comes when he and others won’t have to fight for every inch of civil rights.
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
It is odd how the 1st Amendment can be applied for some things and utterly denied for others. People seldom cry “FREEDOM OF ASSEMBLY” but this is a case that demands it, just as many others do. I know there is a lot of caselaw that allows restrictions to freedom of assembly, but it seems that we have really lost the founders belief in it, and their revulsion in being rounded up for “unlawful assembly”
Looks like you can keep writing yourself. I think Jane welcomes the help (not speaking for Jane). I think your comments are quite welcomed.
That’s why the unpredictability and arbitrariness described in Jane’s piece are so scary; the game is all “gotcha”.
Nice catch of the wildly disparate treatment by the Park Police of the drunken reveling tree-climbing frat-boy types with the polite steadfastness of the protesters.
Can you imagine what the Park Police would have done to Dan if he’d climbed a tree? Hell, he’d probably still be in leg irons.
Hmmmm.
Our “law” derived from what is known as “English Common Law”.
Our language, ostensibly, is derived from the “English” language.
Now the “law” admittedly has “evolved” as has the “language”.
It is entirely possible that the “language” of the “law” no longer is related to the “language” of common usage, in any meaningful way, whatsoever.
However, let us examine the word “incommode” as it is found in the “Shorter Oxford English Dictionary” Third Edition, 1955, on page 981, simply for “kicks”.
We find:
“Incommode (inkommowd) v. [a. F incommoder, ad. L. incommodare.]…
1. To subject to inconvenience, to discomfort, to trouble,to annoy, molest,
embarrass. 2. To hinder, impede, obstruct (an action, etc.)”
Further, let us consider the word “incommodious”.
“Incommodious (inkommowdies) 1. Causing inconvenience, or discomfort: troublesome, disagreeable. 2. Hurtful, injurious. 3. Unprofitable, unfit, unsuitable; unbefitting.
Which of these words may best describe the “situation” we have recently observed?
Considering both the actions of those who peacefully, exercising fundamental, and inalienable rights, assembled, seeking redress of grievance.
And, as well:
The actions of “Authority” as it refused to recognize its rightful obligations of responsibility and of respect for the Constitution of the United States of America which it is sworn and duty-bound to uphold as and whenever exercised by citizens of the United States and visitors, citizens of other nations, with which the United States has peaceful and amicable relations and treaties recognizing common courtesy and common legal tradition …
Which words apply, appropriately, to each group whose actions and behavior, from beginning to end, which we, as citizens have both an obligation AS citizens, and a right as human beings, citizens or visitors, to examine, to ponder, and to assess?
What do you, each of you, think?
DW
Civil rights advocates, environmentalists, whistleblowers exposing government corruption – these are the people I was brought up to believe were the base of the Democratic Party. Hell, I thought they were the HEROS of the Democratic Party. Yet these are the people Obama hits with an iron fist – while sucking off John Boehner and Jamie Dimon.
I have to live with the shame of being conned by the Audacity of Hype in 2008. Never again. Let Rick Perry have this crumbling ruin of an Empire. Most of us won’t even notice the difference.
Signed, thank you.
When do you become a political prisoner? I think that:
-When rules and laws apply to others but not to you or to your group (Tar Sands vs “OBL” gathering with different treatments), you are a political prisoner.
-When filed court documents reflect anything but reality and should begin with “Once Upon A Time,” you are a political prisoner.
-When you ask yourself, your attorney, and everyone else you can think of, “Why?” “Why are they/did they do this?” and the unanimous answer is “Because they can,” you are a political prisoner.
-When your bogus ‘legal’ case is so surreal that “Justice” becomes “Just Us,” you are a political prisoner.
None of the above statements are snark.
I also firmly believe that the Because They Can/Just Us people are potentially deadly dangerous. They are capable of ruining people’s lives and more. This is my firm opinion.
Well, Choi did not incommmode enough to be called “disorderly” per Ms. George…This small incommode must have indeed been miniscule…so much as not to be observed by human sight.
This and the dismantaling of the 4th amendment as well, see Kentucky vs King and others http://www.supremecourt.gov/opinions/10pdf/09-1272.pdf makes it very rife for a corporate police state to be enacted under our very noses.
I was never enthusiastic about Obama. I guess I was among those who voted for the lesser of two evils, not able to bear the thought of McInsane and the Grifter, and caught up in the excitement of the first African American President. But I did have hope. Boy was I stupid.
At this point I don’t care who from the GOP might be elected, I am not voting for Barack Obama.
Let’s roll some of those tapes, shall we?
Huge unpermitted crowd: “Dead Osama Celebration At White House Part 1” (video, May 2, 2011)
Flag-draped pole climbing. Cow bells: “Osama’s Dead Celebration at the White House Part 2” (video, May 2, 2011)
Such evidence as I am aware of comports with your assessment, Twain.
Leading, then, to the question: How may such accusation be lodged when any reasonable scrutiny of actual behavior, language, or sign, does not show cause sufficient to proceed further along the path of diligent or reasonalbe prosecution?
The only rational conclusion we may draw is that Lt. Dan Choi is, simply, being made “example” of. Which immediately meets the criteria of “political” rather than legal “intent”. Lt. Dan Choi, in his person, and within his full rights as a citizen of the United States of America with rights expressed and guaranteed in the Constitution and, possessed, as a free human being, of certain inalienable rights, is being made “prisoner”, is being denied full and legal expression for no discernable purpose other than the political “convenience” of an “Authority” which intends to “obstruct” both freedom of expression and freedom of movement to display, announce, or perform such expression.
As I am not an attorney, I state that perception, simply or merely, as a citizen of the United States of America, based on my understanding and personal interpretation of the rights and obligations of both Citizens and Authority, as I learned and was taught as a student, studying and being lectured to in pursuit of some small understanding in courses devoted to United States Constitutional Law.
I am rather certain that few attorneys might agree with this perception, so I am hopeful that those far more learned and well-versed in the law may make plain and clear, that even one such as I, may grasp the majesty of a legal system which seems, frankly, to have bifurcated and become two-leveled, of late, causing me to consider that what was once known as the Rule of Law, has become quite as quaint and ridiculed as the Constitution to which I have several times referred. It would appear that both are, if not dead, then, certainly, moribund.
DW
I was so impressed, listening to Dan as he was interviewed by Jane before the arrests. He was so measured in his remarks, and he was not ashamed to say that there was an element of fear involved in the actions that they were undertaking. I found that very moving and inspiring and courageous.
I feel humbled and privileged to sign the statement of support for Dan and all the others who have stepped up and put themselves on the line to protect our environment.
Not only do I think it ironic that this attempt to crush the protest is happening on the eve of the dedication of the MLK memorial, I think it is intentional. I don’t think Obama wants the nation to associate the determined and principled stand by the XL protesters with the struggle for civil rights. He doesn’t consider our commonweal to BE a right. He doesn’t want Dan and Jane and Scarecrow to be able to plant the seed of activism and empowerment in the citizens’ imagination.
For the past six years, I have been living in Alice Paul’s hometown. I have felt as if I were living near hallowed ground. She was hugely influential in her time, as Jane points out, in helping women’s suffrage. Of course, very few American history books even mention her. Her residence is available for tours and educational programs: http://www.alicepaul.org/
Exactly! The prospect of getting arrested *is* scary. Getting arrested for political speech is a very brave thing to do and it ought to be respected rather than mocked as it often is.
(((YSD))))
As with the BART actions lately, police presence is not primarily about preserving public safety and keeping the sidewalks clear for commerce.
What a waste of money to arrest a bunch of loafer wearing, middle aged peaceniks for sitting on the sidewalk outside the WH. Really, is this what we want to spend our tax money on?
Back atcha.
Alice Paul helped draft the Equal Rights Ammendment in 1923, and worked for its passage for the rest of her life and, as well, for equal rights for women around the world.
DW
it’s very simple:
it’s the lessons of guantanamo detentions.
it’s the lessons of guantanamo detentions applied to bradley manning for nine months for a trivial military law violation
it’s the lessons of guantanamo detentions applied in nycity earlier.
it’s the lessons of guantanamo applied by the transportation security administration.
it’s the lessons of guantanamo applied by egriously named ICE (immingration and customs enforcement).
it’s the lessons of guantanamo applied against jane hamsher and other women whobwere stripped of their outer garments and then had the a/c turned up and the computers go down.
it’s american law-enforcement on a power-trip they have not been on since the days of bull connor and fellow southerner gay edgar hoover.
Signed, Jane, and thank you. I would strongly urge that a lawyer with appropriate competence be consulted to look into bringing false arrest and malicious prosecution actions. The photos I’ve seen did not show a sidewalk that was being obstructed, but rather a large section that was kept completely clear. BTW, disorderly conduct generally requires an audible or visual manifestation that visibly disturbs passsersby, so that argument about the applicability of that charge may actually be sound. But the incommoding statute seems to require an obstruction of the sidewalk that did not occur. False arrest and malicious prosecution actions are the best possible deterrent to future abuses of this nature. I’m so proud and grateful to be associated with you and the other protesters, dear Jane.
God can not help use . Did you hear? They have his Son Jesus for trespassing violation for walking on water in the reflection pool. They said more charges are pending.
Signed, and a chunk of my “wage slave” pittance sent your way. Thank you for your leadership! It’s because there are people like you taking the risk for me that I don’t feel quite so hopeless. If there’s hope and change to be had, it comes from folks like Jane and Lieutenant Dan.
It’s clear they are afraid of people like Jane and Dan.
“The lie can be maintained only for such time as the State can shield the people from the political, economic and/or military consequences of the lie. It thus becomes vitally important for the State to use all of its powers to repress dissent, for the truth is the mortal enemy of the lie, and thus by extension, the truth becomes the greatest enemy of the State.” –Dr. Joseph M. Goebbels.
Jane, I hope you will consider publishing an op ed about what has happened with Dan. The “mainstream” media will not cover this, or may not be aware of what is happening to Dan, and it is important that people be informed about what is going on.
America, where one is free to say what one wants and the government is free to harass and imprison him/her for it.
Yay Freedom!
Yep, that about sums it up. Hypocrisy upon hypocrisy upon hypocrisy. That’s why we have so many words for “lie.”
I think you might enjoy this, hd. http://my.firedoglake.com/realitychecker/2011/08/20/fleshies/
I did enjoy that post, and your point is (too) well-taken, yuck. Now the term fleshie will remain implanted in my brain like an uninvited prion. The next thing you know, I’ll develop an empty stare and start repeating some inane diddy cooked up by Aldus Huxley from a Brave New World.
Obama is no different than bush. He was selected to run from the left to effectively squash the left. To lead the left to the right.. to lead the nation to the right.. something impossible for the republicans to do after bush. Obama mission accomplished.. he destroyed the bush recovery almost single handidly. ran us in a circle right back to where we started.. in the ditch.. Why hasnt the patriot act been repealed?, why arent the troops home.. and yes he could do this with the stroke of a pen. as quickly as we were in.. we could be out. Why issnt gitmo closed. Why are there fema prison camps? Obama is much much worse than the tea party states. Obama is a manchurian candidate.. no different than the puppet bush was. The HORROR is.. the next president (after obama’s 2nd term) will just be bush IV .. like obama was bush III.
Does anybody invite a prion lol? I like fleshie because it mkes a point with ridicule, and I think ridicule is one of the best weapons against authoritarians. If you agree, please spread the word-I’d love to see “fleshie” become an accepted part of the political lexicon. Fleshies unite!!!
Jane,
This is a great piece you have written. The video illustration of your points is powerful.
This could make an even more in-depth piece. It should be a cover story for Rolling Stone.
I bet someone could make that happen.
The judge in this case is a rare jewel by publicly acknowledging bull-shit prosecutions when he sees them.
Unfortunately he seeks justice against that rare combination of a white female Southern lawyer lawyer and her bag of prejudices partnered with a black President who chooses to forgot what justice is all about.
Could not agree more. Fuck Obama. Fuck that Texas Turd, Perry, too but I will vote against the current Fascist Fuck, Barry O. for whomevber is running against him that has a chance of shitcanning his ass.
Protestors are always told to back off, get a haircut, be more moderate, more patient, compromise, etc, etc. and to fear backlash. Bullshit. What will get Palin elected President is business as usual – you know, the approach that has been working so well. We need civil disobedience on a massive scale.
I hope you will skip the sugar coated oatmeal of Iron Jawed Angels and get the real truth about Alice Paul and the Suffragists by reading, Jailed for Freedom by Doris Stevens.
Dan Choi, Alice Paul, activists who break the chains of oppression for all of us are far braver than any Hollywood make over represents.
there is an even more pointed parallel with Iron Jawed Angels —
Wilson had him a veal pen in Carrie Chapman Catt and her National American Woman Suffrage Association – they treated Burns, Paul, and their National Womens Party activist’s like Firebaggers
to her credit, Catt soon seized on the nation’s horror at the Activist’s treatment in Occoquan Workhouse and used it for leverage not only to stop the jailings, but as pressure to finally get the 19th Amendment on the path to ratification.
signed.