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Lawsuit Update

It has been a while since I filled you in on what’s going on with my lawsuit, so if you’ve been wondering, here’s what’s what.

The original judge in my case, Teresa Sanchez-Gordon, retired. That was a bummer for me because she seemed to understand the case and its importance, and for the most part, she ruled in my favor. LA Superior Court handed the LA Times’ anti-SLAPP motion against me over to a temporary substitute judge, a retired gentleman brought back for a few months in order to help the court dig out of its formidable backlog. Judge Joseph Kalin informed us that he had over 500 cases on his docket. He also said that he had read all of the documents in my case over the previous week. Considering that they are over a foot high and amount to thousands of pages, call me skeptical. No human being could possibly handle all that work.

Adding to the challenge was getting sabotaged by my own lawyers. Rather than send a seasoned litigator to argue the crucial anti-SLAPP hearings (of which three were scheduled), Shegerian & Associates sent a junior associate just a few of years out of law school to argue against Times attorney Kelli Sager, a veteran litigator with decades of experience at a major white-shoe law firm that represents giant corporations trying to crush workers. She was timid, unprepared and failed to fight back when Sager said things that simply weren’t true. Unsurprisingly, the judge ruled against me.

With two more hearings to go, I asked the firm to send out the litigator that we had agreed upon. Carney Shegerian responded with a Notice of Termination. That’s right: my own lawyer fired me! It’s not because I was rude or anything like that. I wasn’t. I don’t know why he did it but I do know that other lawyers tell me that this kind of behavior, dumping a client right before a crucial hearing, is highly unethical.

I managed to find a new attorney in time for the next hearing, but Judge Kalin refused to grant me a continuance to allow my new lawyer time to familiarize himself with my case, and forced me to do my own oral argument. Naturally, the Times lawyer didn’t grant me the basic courtesy of a continuance. All along, they have been playing by scorched-earth tactics.

OK, so I did better than the junior litigator: the judge acknowledged that I had told the truth about my jaywalking arrest in 2001. Which means that the Times never should have written those two articles libeling me and that they should have retracted them and that they should have hired me back immediately. Instead, Judge Kalin ruled that, as a newspaper, the First Amendment gives the Times the right to publish anything, even lies, because of the anti-SLAPP law. Strike two.

Now we go to the Court of Appeals, where we will ask the Court to reverse Judge Kalin’s ruling.

I have a sharp new legal team for the appeal: appellate attorney Jeff Lewis and trial lawyer Roger Lowenstein. We’ve been strategizing and I feel we have a strong case base on the both the content and the spirit of the law, not to mention precedent.

We are drafting our appellate brief, which for anti-SLAPP the court considers de novo, or without consideration for the lower-court ruling. Then the Times gets to respond. Then the court sets a hearing date. Best guess right now is that the appeal will be heard in mid-2018.

If we prevail at that stage, then the case really begins: discovery, subpoenas, depositions of Times employees, etc. If we lose, that’s it. And I’ll owe the Times hundreds of thousands of dollars in THEIR legal fees. Anti-SLAPP is brutal and desperately needs reform to stop these megacorporations from abusing it to crush individual plaintiffs.

In the meantime, I will be incurring substantial costs related to the case, so if you feel inclined to support my fight against the collusion between the LA Times and LAPD Chief Charlie Beck, you can help out at http://gofundme.com/tedrall.

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SYNDICATED COLUMN: What Would the U.S. Look Like If We Built It From Scratch?

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Imagine that there was another revolution. And that nothing big had changed. Demographics, power dynamics, culture, our economic system and political values were pretty much the same as they are now. If we Americans rolled up our sleeves and reimagined our political system from scratch, if we wrote up a brand-new constitution for 2017, what would a brand-spanking-new United States Version 2.0 look like today?

A lot of stuff would be different. Like, there wouldn’t be an electoral college. (Only a handful of countries, mainly autocracies in the developing world, do.)

There probably wouldn’t be a Second Amendment; if there were, it would certainly be limited to the right to own pistols and hunting weapons. And the vast majority of gun owners believe in regulations like background checks.

Does anyone believe we would choose the two-party duopoly over the multiparty parliamentary model embraced by most of the world’s representative democracies?

Our leaders fail us in innumerable ways, but perhaps their worst sin is to accept things they way they are simply because that’s the way they have always been. Whether in government or business or a family, the best way to act is determined by careful consideration of every possibility, not by succumbing to inertia. Don’t just imagine — reimagine.

We live in the best country in the world. That’s what our teachers taught us, our politicians can’t stop saying (even the critical ones), and so most Americans believe it too.

But it isn’t true, not by most measures.

Americans suffer from drastic income inequality, massive adult and child poverty, an atrocious healthcare system, higher education affordable only to the rich, blah blah blah. Plus the candidate who gets the most votes doesn’t necessarily get to be president. It doesn’t have to be this way. We just need a little imagination.

Probably because I have a foreign-born parent and thus dual citizenship, and also because I have been fortunate enough to visit a lot of other countries, I bring an internationalist perspective to my political writing and cartoons. Like RFK I don’t accept things how they are. I imagine how things could be. Why shouldn’t we learn from China’s ability to build infrastructure? Why can’t we improve food quality standards like the EU? Aiming for the best possible result ought to be the standard for our politicians. For citizens too.

New New York Times columnist Bret Stephens called for repealing the Second Amendment following the recent mass shooting in Las Vegas. His piece made a splash because he’s a conservative. Setting aside whether banning guns is a good idea, no one followed his suggestion to its logical conclusion: it won’t happen. Not just because guns are popular (which they are), or of the influence of the NRA’s congressional lobbyists (who are formidable), but because it’s impossible to amend the constitution over any matter of substance. In fact, the U.S. has the hardest-to-amend constitution in the world.

Girls can join the Boy Scouts and women can fight our wars, yet we live in a country that never passed the Equal Rights Amendment. We The People have moved past our ossified, stuck-in-1789 Constitution.

So has the rest of the world. In days of yore, when the U.S. was still that shining city on a hill, newly independent nations modeled their constitutions on ours. No more. Rejecting our antiquated constitution because it guarantees fewer rights than most people believe humans are entitled to, freshly-minted countries like South Sudan instead turn to documents like the European Union Convention on Human Rights and the Canadian Charter of Rights and Freedoms.

Other nations replace their constitutions completely an average of every 19 years. By global standards, our 228-year-old charter is ancient. More recent constitutions cover the right of every citizen to education, food and healthcare. Unlike ours, they guarantee the right of defendants to be considered innocent until proven guilty.

I’m not suggesting that we convene a second constitutional convention. Not now! Two hundred twenty-eight years ago they had Thomas Jefferson and James Madison; we have Nancy Pelosi and Paul Ryan. This political class isn’t fit to rubberstamp a routine raising of the debt limit, much less figure out how this More Perfect Union could become new and improved.

I’m saying: it’s time to shed the illusion of the U.S. as some cute wet-behind-the-ears nation-come-lately. The frontier has been conquered. Even though 97% of Puerto Ricans want in, there will be no new states. In spirit and by chronology we are old, old as the hills, old like Old Europe, and we’ve gotten stuck in our ways. If we don’t want to get even more fogeyish and dysfunctional and incapable of progress, we have got to consider things with fresh eyes.

Look at a map. Would anyone sane divide administrative districts into 50 states whose populations and sizes varied as much as inconsequential Delaware and ungovernable California?

Citizens of Washington D.C. can’t vote in presidential or gubernatorial elections. Why the hell not?

You can fight and kill in the military at age 18. But you can’t drown your PTSD in beer before age 21. And you can’t rent a car until you’re 25. WTF?

Oh, and we can probably do away with that part of the Bill of Rights about not having to billet troops in your home.

(Ted Rall (Twitter: @tedrall) is author of “Trump: A Graphic Biography,” an examination of the life of the Republican presidential nominee in comics form. You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

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SYNDICATED COLUMN: Hugh Hefner Said His Critics Were Prudes and Puritans. The Negative Obits Prove Him Right.

 

No one has ever accused Ross Douthat of excessive astuteness. “Donald Trump isn’t going to be the Republican nominee,” he wrote in January 2016. Dude is paid to prognosticate politics. Even so, Douthat probably pulls down six figures at The New York Times, which doesn’t grant me the courtesy of a rejection letter. So people pay attention to him.

Hugh Hefner’s death didn’t move me. Penthouse was my print media stimulus of choice. I only read Playboy after the magazine’s late delightful cartoons director Michelle Urry commissioned some samples during her campaign to update the magazine’s hoary cartoon section with edgier, more political work. (Alas, those weird Marxist sex cartoons are lost to history.)

The worst cartoon editors are former aspiring cartoonists. Hef was one of those; he killed my stuff for being too edgy and political.

But Hefner sure managed to rile up Douthat.

“Hef was the grinning pimp of the sexual revolution, with Quaaludes for the ladies and Viagra for himself — a father of smut addictions and eating disorders, abortions and divorce and syphilis, a pretentious huckster who published Updike stories no one read while doing flesh procurement for celebrities, a revolutionary whose revolution chiefly benefited men much like himself,” Douthat wrote upon the Playboy founder’s passing.

As if syphilis hadn’t existed pre-Hef.

Or abortion.

Or porn, for that matter.

Banging out an all-out assault so shrill it would come off as over-the-top if it concerned Charles Manson, Douthat even blames Hefner for the sins of the political class: “Liberals should ask why their crusade for freedom and equality found itself with such a captain, and what his legacy says about their cause. Conservatives should ask how their crusade for faith and family and community ended up so Hefnerian itself — with a conservative news network that seems to have been run on Playboy Mansion principles and a conservative party that just elected a playboy as our president.”

Get real: I never met a liberal who considered Hefner a leader, much less the captain, of liberalism. And where exactly are these devout family-values crusading conservatives? Sending other people’s kids off to kill Middle Easterners for fun and profit, or pimping trickle-down economic BS to benefit their rich patrons?

I align myself neither with liberals nor conservatives nor Hefner. Honestly, though: the vituperative nature of so many Hefner postmortems have done more to validate Hefner’s claim that his critics were prudes and anti-sex identity feminists than everything he ever said or did.

There is more than a little ageism in these “The Loin in Winter” depictions of a porn entrepreneur who lived too long, couldn’t figure out the Internet and counted out his final years like a male Norma Desmond in the fading grandeur of a decaying Playboy Mansion, in denial that the culture had moved past him. Douthat opined: “Early Hef had a pipe and suit and a highbrow reference for every occasion; he even claimed to have a philosophy, that final refuge of the scoundrel. But late Hef was a lecherous, low-brow Peter Pan, playing at perpetual boyhood — ice cream for breakfast, pajamas all day — while bodyguards shooed male celebrities away from his paid harem and the skull grinned beneath his papery skin.”

A disgusting depiction — one that reflects upon its author more than its target.

Hef’s passing prompted a few genuinely positive assessments of the man and his product, like this from the refreshing Camille Paglia: “Pornography is not a distortion. It is not a sexist twisting of the facts of life but a kind of peephole into the roiling, primitive animal energies that are at the heart of sexual attraction and desire…It must be remembered that Hefner was a gifted editor who knew how to produce a magazine that had great visual style and that was a riveting combination of pictorial with print design. Everything about Playboy as a visual object, whether you liked the magazine or not, was lively and often ravishing.”

But most post-Hefs were like Peggy Drexler in CNN: “The terms of [Hefner’s] rebellion undeniably depended on putting women in a second-class role. It was the women, after all, whose sexuality was on display on the covers and in the centerfolds of his magazine, not to mention hanging on his shoulder, practically until the day he died.”

True enough. But not really fair.

Porn is weird.

Porn commodifies women, reducing them to flat 2-D imagery crafted to titillate. If you feel dirty after you use to it to masturbate, it’s because you feel at least a little guilty about the high probability that the women in those photos and videos almost certainly wouldn’t expose themselves if they didn’t really need the money. Yet Drexler misses that visuals are key to sexual attraction, and that includes the way hetero women assess men based on their physical appearance. We are all commodified by this culture of consumption and relationships based at least in part on mutual opportunism and exploitation.

Really-existing feminists rarely frame their critiques of pornography where it belongs, within the construct of a slave-labor capitalism in which construction workers and yoga teachers and professional athletes and UPS workers and cartoonists wear down their bodies for cash — or starve.

Largely divided between anti-Hefner obits and anti-Hefner obits that give the marketing genius his editorial due, what shines through is a deep discomfort with sex in mainstream American media. What is wrong with a 91-year-old man, even if he looks 91 and resorts to Viagra, viewing himself as a sexual being? Or a 101-year-old woman?

May we all be so alive until we are just dead.

Why does Douthat assume we should share his revulsion when he describes Hef as “a pack rat in a decaying manse where porn blared during his pathetic orgies”? The aesthetics may not be yours, but the choices were his — which is as it should be. (On the other hand, criticism of Hefner seems legitimate when it attacks the man as manipulative of women in his orbit.)

As Paglia says, “Second-wave feminism went off the rails when it was totally unable to deal with erotic imagery, which has been a central feature of the entire history of Western art ever since Greek nudes.”

Relax. It’s just sex.

(Ted Rall (Twitter: @tedrall) is author of “Trump: A Graphic Biography,” an examination of the life of the Republican presidential nominee in comics form. You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

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SYNDICATED COLUMN: The Pledge of Allegiance is anti-American

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Right-wingers conflate nationalism with patriotism. But they’re not the same thing. Patriots love their country because it does good things; for nationalists it’s our country right or wrong. A lot of stuff nationalists call patriotic couldn’t possibly be more un-American.

The singing of the national anthem before sporting events, and the reciting of the Pledge of Allegiance, are prime examples.

The latest nationalism vs. patriotism controversy arrives courtesy of Colin Kaepernick, the African-American pro football player blackballed by the NFL for kneeling in silent protest over police shootings of blacks rather than stand for the signing of the national anthem alongside his teammates and fans before games. The “take a knee” movement has spread throughout the league, largely in response to President Trump’s crude remark that those who refuse to stand during “The Star Spangled Banner” are “sons of bitches.”

At football games and similar events where the anthem is sung, standers far outnumber kneelers — and that’s weird. Because if one person is kneeling against police brutality, then it stands to reason that standing up means you support cops gunning down unarmed black people. Are there really that many racists?

That, and when you stop to think about it, the whole idea of rote rituals to prove our loyalty run completely counter to what most Americans, liberal or conservative, think their country is about.

As I have written before, lefties and righties don’t have the same ambitions for the U.S. Following the tradition of the French Revolution and the Declaration of the Rights of Man, the Left idealizes individual rights. They dream of a country where everyone is not only created equal, but treated accordingly. The Right values empire. Rightists’ ideal America is a global military and economic superpower.

Still, the two sides have something in common. They want to be left alone, to live their lives as free of government interference as possible. Progressives want the government out of their bedrooms. Traditionalists want it out of their incomes. Totalitarianism — a form of government whose control over citizens’ daily lives leads to the requirement that everyone attend one meeting after another and report dissent to the authorities — could no more catch on here than North Korean-style displays of signs flipped by synchronized flags or parades of military hardware (though Trump wants to start those).

Like the singing of the anthem at games, the Pledge of Allegiance reflects a totalitarian impulse you find in fascist and authoritarian regimes, not democracies. The U.S. and Canada are the only countries on earth where national anthems are played at the start of sporting events. Even in many authoritarian states, the requirement that children (and athletes) swear fealty to the nation (or, as here, its flag) would be considered too creepy to contemplate.

When your country is crazier than Zimbabwe, it’s time to take stock — even if you’re a Republican.

Other nations require oaths of allegiance from those taking public office, like members of parliament. Some ask the same of foreigners seeking to become naturalized citizens. But the U.S. may be the only nation on earth to have a widely-used pledge of allegiance.

Children who refuse to recite the Pledge of Allegiance are routinely punished, criticized and ostracized, even in public schools. I know — it happened to me in elementary school. Kaepernick, a top-tier athlete, has been denied employment. These are obvious violations of the all-American value of free speech and expression guaranteed by the First Amendment.

The addition of “under God” in 1954, at the height of the McCarthy era and its rancid loyalty oaths, further violates another core principle of Americanism, the freedom to worship as you please or not at all as protected under the Establishment Clause of the US. Constitution.

In one respect, however, the Pledge of Allegiance owes its origins to something that couldn’t be more American: a huckster out to make a few extra bucks.

Why do Americans pledge allegiance to the “flag,” as opposed to the nation or its government? It boils down to capitalist greed. The origins of the Pledge date to 1892, when James B. Upham, the marketing executive of the popular children’s magazine The Youth’s Companion used the 400th anniversary of Columbus’ arrival in the Americas to promote a conference in honor of the American flag. He pushed the Pledge in his magazine as a way to promote nationalism and sell flags to public schools. Schoolhouses purchased 26,000 flags the first year alone.

Kids reciting the pledge were supposed to raise their arms at the same time — yep, the Hitler “sieg heil” salute before Hitler. World War II put an end to that in American schools.

Having traveled extensively, I have observed that the countries whose governments insist upon the most extravagant displays of nationalism line up neatly with those with the least personal freedom. In authoritarian China and the police state of Turkmenistan, national flags and banners extolling slogans and quotes of the ruling party festoon every government office and pedestrian overpass. As Turkey moves away from democracy and closer to autocracy, Turkish flag stickers multiply on automobiles.

It is the opposite in the European democracies. A Frenchman who hung a French flag from his front porch would be ridiculed by his neighbors, socialist and Le Pen supporter alike. It is not that the French and the Dutch and the Spanish and other Europeans do not love their countries as much as Americans do; if anything, most Europeans are grateful that their countries are not like ours. They are patriots. And they remember World War II, when those who liked to wave flags and insisted on loyalty oaths to the state turned out to be dangerous.

Everyone should sit out the singing of the national anthem. It’s archaic and uncomfortably reminiscent of fascism.

It is time to leave the Pledge of Allegiance where it belongs, on the dungheap of history, remembered as a clever way to move piles of colored cloth.

(Ted Rall (Twitter: @tedrall) is author of “Trump: A Graphic Biography,” an examination of the life of the Republican presidential nominee in comics form. You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

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SYNDICATED COLUMN: No Man is Above the Law — Except on College Campuses

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Freshman orientation, Columbia University, New York City, Fall 1981: Now as then, there were speeches. A blur of upperclassmen, professors and deans welcomed us, explained campus resources and laid out dos and donts. At one point, the topic of the campus drug policy came up. “You can do whatever you want in your dorm room,” we were told, “just make sure it’s OK with your roommate.” A ripple of surprise swept the audience. Several students asked for elaboration of this don’t-ask-don’t-tell policy on illegal narcotics, and were told that they’d heard correctly.

One of my friends, who grew pot plants in his window, proved the wisdom of that advice. My pal’s Born Again Christian roomie, not consulted about his grow house scheme, attacked him in what became a legendary fistfight out of a Western.

No one was arrested, though there was a stern talking-to courtesy of the R.A.

(Columbia has since changed this policy.)

The weird alternative universe of law on campus is in the headlines again due to Education Secretary Betsy DeVos’ announcement that the Trump Administration plans to rewrite Obama-era Title IX rules to give male students accused of rape on college campuses more rights to defend themselves.

Under a 2011 directive university administrators were advised that their institutions could lose federal education funding unless they reduce the evidentiary standard for finding a defendant student guilty of sexual misconduct from “beyond a reasonable doubt” (the same as in criminal courts, in which jurors are asked to be roughly 90% or more certain of guilt to convict) to the lower “based on the preponderance of the evidence” standard used in civil courts (50% or more).

Victims rights advocates say campus rape is an epidemic problem, that local police can’t be trusted to take rape charges seriously or prosecute them aggressively, and that the relatively friendly campus tribunals of administrators operating under the lower standard of proof mandated by Title IX are necessary to encourage victims to step forward.

Men counter that those accused of rape shouldn’t lose their rights when they step on a college campus, and that innocent defendants have been railroaded by kangaroo courts in which they’re not allowed to have a lawyer or, in some cases, to present their full defense.

DeVos referred to the bizarre case of a USC football player expelled for abusing his girlfriend even though she insists there was no abuse. This followed the news that the rape defendant in the notorious 2015 “mattress case” in which his alleged victim carried her mattress around campus and to her commencement ceremony had earned a measure of vindication earlier this year when the university paid him to settle his lawsuit and issued a statement declaring that, after years of being publicly rape-shamed in international media, he had done nothing wrong after all.

Like students at colleges and universities across the United States, I was stunned to learn that college campuses are sort of like Native American reservations: zones where the law applies theoretically but in practice is systematically ignored or enforced at significant variance to the way things go in the outside world.

The shooting of a motorist on a city street off campus by a University of Cincinnati police officer highlighted the fact that two out of three colleges have armed police forces — and that some of these campus cops are told they have the right to arrest, and even shoot, non-students in surrounding neighborhoods.

At least today’s colleges aren’t brazenly stealing land from public parks, as Columbia did in 1968 when it began construction on a gym in Manhattan’s Morningside Park. (The land grab sparked a riot and iconic student takeover of campus.)

The debunking of that big Rolling Stone piece about a supposed rape at UVA aside, it doesn’t take a statistician to grok that college campuses, with their witches’ brew of young people out on their own for the first time, minimal adult supervision and free-flowing booze set the stage for date rape as well as sexual encounters where consent appears ambiguous. The question is: should college administrators substitute for cops and district attorneys in the search for justice? Emily Yoffe’s Atlantic series on DeVos’ proposal strongly suggests no.

Yoffe portrays a system that encourages males to feel victimized by being considered guilty until proven innocent. “To ensure the safety of alleged victims of sexual assault,” she writes, “the federal government requires ‘interim measures’ —accommodations that administrators must offer the complainant before any finding of responsibility, including steps to ensure that she never has to encounter the accused… Common interim measures include moving the accused from his dormitory, limiting the places he can go on campus, forcing him to change classes, and barring him from activities. On small campuses, this can mean his life is completely circumscribed. Sometimes he is banned from campus altogether while awaiting the results of an investigation.” This is an injustice, and saying it’s necessary in order to protect victims doesn’t change that.

The New York Times recently published an op-ed that embodied the glib view of defendants’ rights au courant on college campuses. “Of course, being accused of sexual assault hurts,” wrote Nicole Bedera and Miriam Gleckman-Krut. “And there are things that we can and should do to help accused students — namely, providing them with psychological counsel.” Seriously? Men accused of rape face expulsion, felony charges (schools can refer cases to the police) and blackballing from other colleges if they apply. They need more than therapy.

It’s easy to see why colleges, and many parents of students, want to maintain their personal on-campus legal systems outside the bounds of adult law and order. 18-year-olds are legally adults but psychologically still kids, the thinking goes. Sending even serious matters like rape charges to the police can seem like a second brutalization of victims, and perhaps even unnecessarily harsh to the accused who, if innocent, may be able to assuage doubts with a simple explanation of their actions to friendly university staff members.

Though largely well-intentioned, and despite the fact that it is opposed by the despicable Donald Trump, this Title IX-based paternalism has no place in a society that purports to respect the concept of equal justice under the law. If there’s an alleged crime on a campus, students should call the cops.

The answer to nonresponsive police who disrespect victims isn’t to truncate defendants’ rights under a parallel facsimile of jurisprudence. The solution is to reform the police and the courts so that victims aren’t traumatized all over again. Let law enforcement do its job, and let educators do theirs.

(Ted Rall (Twitter: @tedrall) is author of “Trump: A Graphic Biography,” an examination of the life of the Republican presidential nominee in comics form. You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

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SYNDICATED COLUMN: Want Real Political Change? Hit the Streets — And Don’t Promise to be Nonviolent

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Tired of Trump? Congress can impeach him. But they won’t do anything unless you actually do something.

Doing something does not mean signing an online petition. Donating to Bernie Sanders’ Our Revolution is nice, but your cash can’t depose the oligarchs. Doing something does not mean voting Democratic; both parties are beholden to corporations who demand business as usual. It doesn’t even mean supporting progressive Democrats in primaries against incumbent corporate Democrats; incumbents almost always win.

Doing something effective requires you to become a clear and present danger to the system and the people who run it.

Doing something that might change the fundamental nature of the system requires you to risk prison, injury and death.

Doing something demands that you operate outside the system.

It means taking it to the streets.

By itself, filling the streets with people and signs and chants isn’t enough. Tame street protests are doomed to failure. If you file for a parade permit or let the police pen you up in a ridiculous “free speech zone” or promise that you’ll be nonviolent no matter what, your street protest will be drowned out by the clinking of glasses and the popping of champagne corks in the salons of the ruling classes. It won’t matter whether you go home quietly or leave screaming in a paddy wagon.

Many Congressional Republicans still support the president. They’ll only change their minds if they face irresistible political pressure. Others would be open to supporting Trump’s removal if a groundswell of public opinion provided them with the requisite political cover.

The vast majority of Americans think Trump is doing a lousy job — and that includes many people who voted for him. Forty percent favor impeachment — and that number will continue to grow as he deports children and recklessly ramps up the risk of nuclear war. That’s tens of millions of Americans.

But those tens of millions are powerless. They’re sitting on their butts, waiting for someone else to do something.

The urban protests of the 1960s and 1970s were unsettling and frequently disintegrated into disturbing acts of violence, as seen during the running street battles between activists and the Chicago police during the 1968 Democratic National Convention and the shootings of students by Ohio National Guardsmen at Kent State. Since the late 1970s the streets have been calm, except for such episodes of periodic political violence as the 1992 L.A. riots and the Battle of Seattle over globalization in 1999. In recent years lefties expressed pride in the fact that large protest demonstrations like the 2002-03 marches against the invasion of Iraq, the anti-Trump Women’s March and the 2011 Occupy Wall Street movement were so studiously nonviolent that organizers deployed “peace police” to separate potential troublemakers from the cops.

It is no coincidence that the American Left hasn’t won a major policy victory, or that no Democratic president has proposed a major anti-poverty program, since the 1970s. Without pressure from the Left, the country has steadily moved right.

“We could have large-scale marches for every year of Trump’s presidency. It would do nothing!” says Micah White, best known for his role in OWS. Street protests have been ritualized, stripped of their drama, and thus defanged.

The Left has embraced a cartoonish militant pacifism that goes far beyond Gandhi (who wasn’t really against violence). Violence hasn’t disappeared. Now the authorities have a monopoly on violence. They operate with impunity against dispossessed people. The authorities have militarized local police forces. They’ve murdered countless people of color, spied on our emails and phone calls, and even declared the right to use drones to blow up U.S. citizens on U.S. soil.

Street marches in the U.S. have become empty exercises, unguided support groups to make leftists feel better about themselves because they’re not alone. But that’s not how they started.

Historically, street protests were scary. They were carried out by angry mobs. There weren’t any speeches. These were riots. Drunken people ran around breaking and stealing things. The chaos ended in one of three ways: the rioters got tired and went home, the lord of the ancient and medieval city where the riot occurred had his soldiers kill the rioters, or the ruler so feared the complete destruction of his fiefdom — and for his own life — that he gave in to the rioters’ demands.

What makes violence, or more precisely the willingness to be violent, a useful tactic is that it isn’t necessary to kill anyone or break anything every time you want something. You don’t need actual violence to exert pressure against your enemy — you need the credible threat of violence. What makes that threat credible is the memory of a fairly recent act of actual violence. France and the U.S. both have nukes, for example. But only the U.S. has ever been crazy enough to use them. Which country scares other countries more?

Between 1811 and 1816 the Luddites broke into English mills and workshops to break the machines that were killing their jobs and slashing their pay. After that, terrified factory owners took the Luddites seriously. Luddites sometimes extracted concessions by sending a threatening letter signed “with Ned Ludd’s compliments.”

Consider the countervailing example of the Unite The Right white supremacist rally in Charlottesville. There weren’t that many racist attendees — fewer than a thousand. But they showed up with weapons, including assault rifles. One murdered a woman with his car and injured others. That violence gives the next alt-right rally a credible threat of violence and guarantees that the event will be taken seriously by the authorities and thoroughly covered by the news media.

I am not suggesting that progressives show up to their next anti-Trump march toting AR-15s, or that leftists should kill or injure anyone. That’s not who we are or what we’re about. We oppose Trump and the capitalist system precisely because they are violent and we loathe violence.

My message is more subtle: march peacefully. But don’t follow the rules. Don’t apply for parade permits. Don’t stay on the sidewalks when the police tell you to. And don’t promise not to break anything.

Be wild.

Power never yields unless it’s scared.

(Ted Rall (Twitter: @tedrall) is author of “Trump: A Graphic Biography,” an examination of the life of the Republican presidential nominee in comics form. You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

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LA Times Wins First Round of Anti-SLAPPs; Now On to the Appeal

When I filed suit to defend myself against repeated acts of libel by the LA Times and its parent company Tronc, I knew it was the beginning of a long, grueling and risky legal war against a wealthy corporation. Because they libeled me, and did so for sleazy LAPD chief Charlie Beck as part of a corrupt backroom deal, it was the right thing to do — so I did it.

Now I am at risk of losing everything I own. Still, I am fighting on.

Anti-SLAPP: Shortly after I sued in 2016, Times attorney Kelli Sager filed three “anti-SLAPP” motions against me in LA Superior Court. (Anti-SLAPP laws were written to protect individuals against big companies like the Times, but are in practice are often abused by corporations to quash critics and whistleblowers.)

My case can’t start until I get past anti-SLAPP. There is no discovery (the ability to subpoena documents and depose witnesses). If the Times wins anti-SLAPP my case is dismissed and the court will order me to pay their attorneys fees. The Times says those fees will be $300,000. They know I can’t afford that. That’s why they’re doing it–to try to ruin me and send a message to anyone else they decide to attack: fight back against us, and we will destroy you.

Fuck that.

The original judge in my case had ruled against the Times’ repeated motions to dismiss my case. In other words, she thought I had a case. But then she retired — months before the anti-SLAPP hearings, and before a new judge was assigned my case.

The first hearing, with oral arguments, was June 21, 2017. (This was only for the individual defendants: publisher Austin Beutner, reporter Paul Pringle, editorial page editor Nick Goldberg and readers rep Deirdre Edgar.) My lawyer, Carney Shegerian of Shegerian and Associates, inexplicably sent a young junior associate to go up against Sager, a senior partner at a huge anti-worker law firm with decades of experience. As I watched in disbelief, Sager wiped the floor with my lawyer.

Judge Joseph Kalin, in his 80s, was unfamiliar with my case. Kalin was a substitute judge brought back from retirement temporarily because the court was short-handed. Also, he is known for his pro-defense bias (I am the plaintiff.) To my knowledge, he has never ruled against an anti-SLAPP motion.

Kalin ruled against me from the bench. It was a disaster. Next week was the main event: the defendants LA Times and Tronc. So I asked Shegerian for a meeting to strategize, and suggested that a seasoned litigator was called for. Shegerian responded by emailing me a Notice of Termination.

In case you’re wondering: yes, it’s illegal for a lawyer to abandon his client days before a crucial hearing. Anyone considering retaining him should think twice lest they too be left in a lurch. Also, you might wonder if I was rude or intemperate in my communications. Never, ever. Trusted friends who are always honest with me — those are the only friends to have — read the emails and were shocked at how polite I was and how he reacted. This includes lawyers.

Self-Represented: Fired by my lawyer, I asked Kalin for time (a continuance) to find new counsel. Kalin gave me two weeks in all, but that’s not nearly enough time, especially during the summer and over a four-day holiday weekend. On July 14, 2017, he forced me to argue my own case against the Times and Tronc. You can read the transcript of that hearing here.

Adding to the absurdity, I actually found a lawyer, Roger Lowenstein, the day before July 14! Yet Kalin refused to grant me the courtesy of a continuance so Roger could read all the papers and prepare his own argument. (Lawyers across the country expressed disbelief that I wasn’t allowed this delay, but that’s what happened.)

Several weeks later, Kalin ruled against me on Tribune Interactive, another defendant. Why did he take so long the second time? Was it because my oral arguments gave him more to think about?

The Ruling: Times attorney Sager will read this (hi!) so can’t get into detail about what Kalin said in his ruling, but it’s a public record and I’ll send it to anyone interested. Suffice it to say that the judge got some important things wrong about both the facts of the case and the law. My favorite part was that Kalin actually forgot to rule on the Times and Tronc! You know, the primary defendants. He expressed surprise at a later hearing that he hadn’t included the main defendants, and then quickly added them.

Appeal: Anti-SLAPP rulings are automatically appealable to the California Court of Appeals, so whoever lost this round was going to appeal no matter what. My side has already filed the official notice of appeal with the court, so that process is beginning now. Under the statute, the appeals court looks at the matter de novo, in other words, with fresh eyes. They don’t consider the ruling of the lower court. The Court of Appeals is a three-judge panel.

If the Court of Appeals agrees that I have enough of a case to survive the anti-SLAPP statute, then discovery begins and the case begins in earnest. It’s hard to say exactly how long it will take to get before the court of appeals, but a rough estimate tells me the last half of 2018 seems about right.

In the event that the LA Times prevails, then I will have to pay hundreds of thousands of dollars in legal fees to them, my case disappears, and the practice of libel and defamation law in the state of California will be even more degraded than it already has been. More importantly, the newspaper’s management will continue to operate with impunity, deploying a slash and burn approach to going after their enemies, covering for the LAPD, and operating with reckless disregard for the truth.

If you are interested in supporting my work, you can contribute to my Patreon. If you want to simply support my case with a financial contribution, you can contribute to my GoFundMe. Expenses for this case will be considerable, including but not limited to court filing fees, preparation and printing of documents, travel between my home in New York and the courthouse in Los Angeles, etc.

Money aside, I especially appreciate anyone who helps spread the word about my struggle on social media, through their website, via their contacts in the media, and so on. I am available to speak about it in public if you’d like to invite me to your city to do so.

If they get away with what they did to me, they can do it to anyone else. And they will.

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SYNDICATED COLUMN: Obama Screwed the DACA Dreamers Before Trump Did

Image result for DREAMer protest

Attorney General Jeff Sessions’ September 5th announcement that the Trump Administration is repealing Obama’s DACA (Deferred Action for Childhood Arrivals) program for children brought into the United States illegally marks another political low point for a president who stages his photos so he looks tough “like Churchill” but whose governance is so wobbly and noncommittal that he’s elevated waffling to an artform.

The 800,000 DREAMers, Trump said in November, “shouldn’t be very worried.”

“I love these kids,” Trump said. But the president loves his far-right nativist base more.

You better bet those kids are worried now.

As Barack Obama said after Sessions’ statement: “These Dreamers are Americans in their hearts, in their minds, in every single way but one: on paper. They were brought to this country by their parents, sometimes even as infants. They may not know a country besides ours. They may not even know a language besides English. They often have no idea they’re undocumented until they apply for a job, or college, or a driver’s license.”

Totally true words.

And, coming from the man who set the stage for Trump’s xenophobic and racist policies with plenty of his own, totally empty.

Obama promised comprehensive immigration reform, including legal protection for the DREAMers, during his 2008 campaign. As president, however, he never tried to make it happen — even in 2009 and 2010, when his Democrats controlled both houses of Congress. Republicans went obstructionist on all things Obama after 2010, so a frustrated Obama farted out DACA as an unconstitutional executive order in 2012.

In a typically perverse Democratic attempt to out-Republican the Republicans, Obama became the “Deporter in Chief,” throwing more people out of the United States than all the presidents of the 20th century combined.

Obama’s deportees, he promised us, were criminals. “Felons, not families. Criminals, not children. Gang members, not a mom who’s working hard to provide for her kids.” Sounded like a reasonable policy. Trouble was, one-size-fits-all legal strictures don’t account for the complexities of real life.

Hundreds of children of Cambodian war refugees were deported “back” to Cambodia — a country they had never seen, where they had no friends or relatives — due to the kind of screw-up privileged whites call “youthful indiscretions” — many under President Obama. “I had no luggage. I had about $150 in my pocket. No possessions at all,” remembers Sophea Phea. “Everything’s in Cambodian and you don’t even know how to write your name in Cambodian,” said Chandara Tep.

“Some don’t make it. We’ve had suicides,” said Bill Herod, who founded a charity in Phnom Penh for U.S. deportees.

They weren’t all angels. But is it really so shocking that the children of survivors of the brutal wars in Southeast Asia — wars whose carnage can in large part be blamed on the United States — might do stupid crap as teenagers? Phea used a stolen credit card; Tep shot a gun in the air during a gang fight. He was 15.

Phea’s son, 13, lives in California with his dad. Mom and son can’t see each other — and that’s because of Obama.

Can’t empathize? Show this article to a friend; he or she likely can. One-third of Americans of working age have a criminal record. Obama smoked pot and snorted cocaine. George W. Bush had a DUI; Dick Cheney had two. Roughly 17% of all Americans (including children and other non-drivers) have a DUI conviction.

Let he who is without self-righteous BS Christian sanctimony cast the first deportation.

Trump and his fellow Republicans’ repugnant decision to expose DREAMers — who, by definition, have clean criminal records — to deportation is a classic example of the peril of the slippery slope. This is what happens when the Left goes to sleep because a Democrat is in the White House.

First Obama came to deport the children who knew no home other than the United States, but we said nothing because they had criminal records (even if they weren’t a big deal and/or referred to crimes that occurred ages ago). Then Trump came for the kids with no criminal record at all, but we said jack because they didn’t happen to have the right immigration documents.

By the time they come for U.S. citizens — you know the rest.

(Ted Rall (Twitter: @tedrall) is author of “Trump: A Graphic Biography,” an examination of the life of the Republican presidential nominee in comics form. You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

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SYNDICATED COLUMN: Progressive, Heal Thyself

Image result for idiocracy

Many progressives are stupid. Unless they get smart soon, “The Resistance” to Donald Trump will fail, just like everything else the Left has tried to do for the last 40 years.

Stupid progressive thing #1: letting yourself be shocked by Trump.

Far too many lefties still can’t believe that the Orange One won the election, or that as president he’s so stupid and mean and right-wing.

Know the cliché, “if you’re not angry you’re not paying attention”? If you didn’t see Trump’s victory coming, you weren’t paying attention to the anger of your fellow citizens — and neither was the Democratic Party. NAFTA cost a million Americans their jobs. Since the 1970s automation has put 7 million people out of work. Democrats marketed themselves as the party of Joe and Jane Sixpack, but Bill Clinton pushed for and signed NAFTA, a Republican idea. Neither Clinton nor Obama lifted a finger to save the Rust Belt; as a candidate Hillary Clinton didn’t care either.

For those who opened their eyes to see, every aspect of Trump’s “surprise” win was visible in plain sight.

2016’s Rust Belt Trumpers were yesteryear’s Reagan Democrats and the “angry white males” of the 1990s.

Democratic disunity was another big factor. But the schism between Hillary Clinton corporate Democrats and Bernie Sanders progressives directly paralleled the 1980 split between Jimmy Carter and Ted Kennedy.

Shocked by Trump’s radical anti-intellectualism? That his only qualification for the nation’s highest political office was celebrity? Don’t be.

Trump is merely the logical culmination of a trend that goes back at least to celebrity politicians John Glenn, Clint Eastwood, Ronald Reagan, Arnold Schwarzenegger, Jesse Ventura and Al Franken, all of whom exploited their celebrity to defeat more experienced public servants. Though George W. Bush and Obama both had legislative experience, neither man accomplished much before running for president. Both famously adjusted their voices and accents to come off as dumber than they were.

Trump wasn’t a surprise. He wasn’t an anomaly. American politics won’t get nicer or smarter after he’s gone. He’s crazy and mean and dangerous — but he’s not a bizarre departure from the American norm.

Stupid progressive thing #2: viewing Trump’s politics as significantly more dangerous or extreme than, say, Obama’s.

            Worried that Trump will pull a Greg Stillson (“the missiles are flying”) on North Korea? Me too. But please get real. Trump’s needlessly bellicose rhetoric and gleeful overuse of the war machine hardly represent a radical shift in foreign policy from his predecessors. Obama gleefully ordered a political assassination (Osama bin Laden), financed civil wars that destroyed Libya and Syria, slaughtered thousands of civilians with drones and joked about it. All Trump did was alter the tone of U.S. propaganda from fake they-made-me-do-it to his more honest I-like-it.

Stupid progressive thing #3: always reacting, never acting.

Benghazi wasn’t a real issue that Americans cared about. Fox News zeroed in on it, pimped it, and pounded away at Obama-Clinton’s alleged responsibility for the deaths of American diplomats in Libya until it gained traction and ultimately became a Thing. Republicans know how to alter the playing field.

Contrast that to issues progressives actually care about, like Trump’s pardon of former Arizona sheriff Joe Arpaio. Aware that his decision would be controversial, Trump released the news late Friday — a classic media dump. Not only that, Hurricane Harvey was about to hit Houston. The Arpaio story got swept away by a flood of Houston headlines.

It’s so easy to play progressives.

Weekends pass. So do hurricanes. Why didn’t progressives schedule some big anti-Arpaio/Trump demonstrations for late the following week? Just put a reminder into your phone! Because they’re used to reacting. Progressives will never win unless they steal a page from the GOP playbook and start setting the agenda — and pounding away at it relentlessly, lack of reaction be damned.

Stupid progressive thing #4: never learning from past mistakes.

Fighting the last war — fixing the mistakes you made last time without anticipating the challenges of the next encounter — is a classic error of strategy. But progressives aren’t even good enough to make that error. They don’t even learn from their previous screw-ups.

Inspired by Tahrir Square, the 2011 Occupy Wall Street movement suffered from its lack of centralized leadership, a lack of formal demands, its welcoming of the homeless and mentally ill and a rift between revolutionary and reformist wings. But OWS’ biggest mistake was calendrical.

They occupied public parks. Parks are outside. OWS began in the fall. The weather got cold, occupiers drifted away, morale turned sad. By the time Obama smashed the encampments with federally-coordinated violent raids, there wasn’t much of a movement left to destroy.

Here we go again.

Refuse Fascism has a plan to get rid of Trump. “On Saturday, November 4—approximately a year after President Donald Trump’s election—members of the Resistance will descend on America’s major cities,” reports The Politico. “They’ll march and demonstrate, as they have in the past, but this time, say organizers, they won’t go home at the end of the day. Instead, the plan is to occupy city centers and parks and not leave until, and only until, Trump and Vice President Mike Pence have fallen.”

November.

It’s cold in November.

I know, I know — it’s easy to criticize. Which is why I chose criticism as a job. So let me offer a concrete suggestion.

Starting in November? Occupy indoor spaces.

(Ted Rall (Twitter: @tedrall) is author of “Trump: A Graphic Biography,” an examination of the life of the Republican presidential nominee in comics form. You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

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