America’s Police Forces are Behaving Shamefully (UC Davis Pepper Spray)

The story out of UC Davis should offend every American – police officers pepper spraying peaceful protestors from point blank range.  The higher ups who are ordering these actions should be removed from office forthwith.  The officers engaging in the behavior should be disciplined.

I have the US Constitution on my side – that’s the only permit I need to peacefully protest.  It’s the only permit to peacefully protest any American needs.  The police need to stop attacking on our civil liberties.

UPDATE:  HuffPo has fairly extensive coverage including video.

Updated: Chancellor of UC Davis Statement :New Brutal Police Pepper Spray Peaceful UC Davis Students

Police Pepper Spray Passive UC Davis Students

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  1. #1 by Richard Warnick on November 19, 2011 - 11:44 am

    Lobbying firm’s memo spells out plan to undermine Occupy Wall Street. The memo obtained by MSNBC is from a well-known Washington lobbying firm, Clark Lytle Geduldig & Cranford, and addressed to the American Banking Association.

    CLGC’s memo proposes that the ABA pay CLGC $850,000 to conduct “opposition research” on Occupy Wall Street in order to construct “negative narratives” about the protests and allied politicians.

    This morning on MSNBC, Chris Hayes pointed out that this is just one memo from one lobbying firm. There must be many more. It confirms that the Washington establishment has finally taken notice of the 99 Percent, and is trying to fight back on behalf of the 1 Percent.

  2. #2 by Richard Warnick on November 19, 2011 - 12:34 pm

    Third Eye Blind, “If There Ever Was A Time.”

    oh where are the youth, we need you now
    come speak the truth, come break it down
    where are the youth, we need you now

    if there ever was a time, it would be now
    to make the masters hear this
    if there ever was a time to get downtown
    and get non violent and fearless

    things only get brighter when you light a spark
    everywhere you go right now is Zuccotti park
    and news corps says you don’t have a plan
    well sit down man, i’ll tell you again
    the plan’s to stand together up to greed
    and a tear gas can in a veteran’s face
    won’t change the case

  3. #3 by cav on November 19, 2011 - 2:11 pm

    I’ve got yer freedom of speech and freedom of assembly to redress grievances right here…Spray spraaaaaayyyyyyy.

    I think pig is much too nice a word for that fascist henchman.

  4. #4 by cav on November 19, 2011 - 2:35 pm

    I was so proud of those protesters – sending the brutish blue shirts away with their chanting and nothing more.

    Good job people.

    And the Obama’s designers at DHS (probably a few holdovers from the previous admin – but who really knows?) are actively trying to undermine them behind the scenes — the last thing they want is a left flank option opening up in this country. Catastrophe is their offering with this behavior. It’s fucking disgraceful. Aside from being better armed, they’re woefully behind in realizing their own tenuous position in the grander scheme of things. Keep digging, Keep sawing at that limb – you’re distant from the tree, but that’s just the way we like it.

  5. #5 by cav on November 19, 2011 - 2:59 pm

    Somewhere in the White House or thereabouts, there’s a pair of comfortable shoes that are more than likely just a little too cold to actually slip ones feet into.

  6. #6 by Anonymous on November 19, 2011 - 11:22 pm

    How where these students stoping anyone from going to class? How where they preventing people from working?

    When teabaggers carry guns to public meetings, no one should be concerned, but when students sit on the quad of their own campus that is against the constitution?

  7. #7 by Colleen Burke on November 20, 2011 - 9:41 am

    Time for a revolution.

  8. #8 by Richard Warnick on November 22, 2011 - 9:28 am

    Faux News host Megyn Kelly doesn’t think pepper spray is a big deal. “It’s a derivative of actual pepper, it’s a food product, essentially… From a legal standpoint, I don’t know if the cops did anything wrong,” she said.

    Of course, in the real world, the UC Davis campus police are guilty of aggravated assault.

  9. #9 by Rico on November 22, 2011 - 9:46 am

    Food fight!

  10. #10 by Richard Warnick on November 22, 2011 - 10:16 am

    How about an on-air experiment? First Megyn gets a pie in the face, then she gets pepper sprayed in the face. Just to compare the effects.

  11. #11 by Shane on November 22, 2011 - 11:50 am

    What does that remind me of?

    Oh yes, Sean Hannity and water boarding… Not a big deal, can’t be torture, heck he was water boarded on air, right?

    Oh wait he just said he would be, it never happened…..

  12. #12 by Richard Warnick on November 22, 2011 - 12:47 pm

    On Amazon, commenters are having a field day mocking Megyn with customer reviews of pepper spray. Samples:

    I was thrilled when my police force ordered what I thought was a powerful, non-lethal force. However, after recently watching Fox News I was dismayed to found out this industrial strength tear gas is just a food product, essentially. Also, we’ve recently come to find out that water cannons are super-soakers, essentially, and German Shepard K9 units are family pets, essentially.

    At Megyn Kelly’s suggestion. I now use Defense Technology 56895 MK-9 Stream, 1.3% Red Band/1.3% Blue Band Pepper Spray on all my cuisine that needs a little extra kick — seafood, pasta, and pizza all get the UC Davis treatment at my house. The bloody Mary’s are just amazing. I can’t wait for this year’s Christmas party!

    And don’t start any of that liberal whining about the Right to Assemble or protest peacefully. No one gave those scrambled eggs the right to assemble on my plate. The Constitution is for sissies, except for the Second Amendment, which should be followed to the letter.

  13. #13 by cav on November 22, 2011 - 1:52 pm

    Mustard gas us from discarded hot-dogs

    Fresh ground pepper spray, and Grey Poupon mustard gas only for liberals…after all, we have standards – unlike some I could mention..

  14. #14 by Shane on November 22, 2011 - 4:12 pm

    And yet some people wonder about the studies showing that Faux news viewers are less informed than watching nothing!

  15. #15 by Richard Warnick on November 22, 2011 - 4:53 pm

    On FDL, Jon Walker wonders why the DOJ isn’t on this. It was more than an assault, it was a violation of civil rights.

  16. #16 by Shane on November 22, 2011 - 9:54 pm

    I wonder if brewski, our resident constitutional scholar, will return to explain again how the protestors were assaulting the officers…

    The fallout from pepper spray is nasty. It looks like it is drifting over to the school chancellor.

    http://www.change.org/petitions/police-pepper-spray-peaceful-uc-davis-students-ask-chancellor-katehi-to-resign

  17. #17 by brewski on November 23, 2011 - 8:58 am

    Shane,
    I would be happy to answer your question, but our resident censor, Cliff, has decided he is in favor of free speech as long as it agrees with him.

  18. #18 by cav on November 23, 2011 - 11:12 am

    “UC Davis’ embattled chancellor said campus police officers defied her orders when they used pepper spray on peaceful Occupy protesters last week”

    “We told the police to remove the tents or the equipment,” she told the paper. “We told them very specifically to do it peacefully, and if there were too many of them, not to do it, if the students were aggressive, not to do it. And then we told them we also do not want to have another Berkeley.”

  19. #19 by cav on November 23, 2011 - 11:21 am

    All that tricked-up military gear, with that corny, faux-menacing, over-the-top Spaceballs stormtrooper look that police everywhere seem to favor more and more – all of this is symbolic of the increasingly total lack of ideas behind all that force.

    Matt Taibbi. on the militarization of civilian police.

  20. #20 by cav on November 23, 2011 - 11:33 am

    National Student General Strike Monday November 28

    At this week’s huge General Assembly on the UC Davis campus, students voted by a margin of 1720 to 3 to hold a general strike next Monday. That call has been taken up by student activists across the country, including the folks at Occupy Colleges.

    http://studentactivism.net/2011/11/23/national-student-general-strike-monday-november-28/

  21. #21 by Richard Warnick on August 1, 2012 - 9:14 am

    ‘Pepper Spray Cop’ loses his job

    After being on paid administrative leave since last November, collecting his $110,000 salary for doing nothing.

  22. #22 by Shane on August 1, 2012 - 3:38 pm

    That is some salary for being an ass. I wonder how the adjuncts teaching on the campus feel about that…

  23. #23 by brewski on August 1, 2012 - 4:21 pm

    I thought lefties love public employees such as policemen making lots of money and benefits, and lefties also love not being able to fire employees. You know, worker protections and all that. So you lefties should be celebrating that this guy got paid $110,000 to do nothing. It is your ideal system.

  24. #24 by Richard Warnick on August 1, 2012 - 5:43 pm

    I actually don’t know any “lefties.” But campus cops are far from my ideal of public servants.

  25. #25 by brewski on August 1, 2012 - 8:17 pm

    So colleges shouldn’t have police?

  26. #26 by cav on August 1, 2012 - 10:23 pm

    Not before providing an education. And by ‘education’ I do not mean what it feels like to be pepper sprayed by ‘authorities’ that are clearly fascist.

    I think the guy and his commanders should have their money taken away. Made poor.

  27. #27 by cav on August 2, 2012 - 8:17 am

    “…collecting his $110,000 salary for doing nothing.”

    I hate being reminded I’ve done everything wrong.

  28. #28 by Richard Warnick on August 2, 2012 - 8:57 am

    I never understood the idea of campus cops. Glorified security guards.

  29. #29 by Shane on August 2, 2012 - 9:12 am

    You missed the key comment in #23 Richard. “I thought…” Honestly now, when has what brewski thinks been closer to reality than what Faux News broadcasts?

  30. #30 by brewski on August 2, 2012 - 11:02 am

    Shane, so you don’t think public employees such as policemen should be paid well? And you think employees should be able to be fired at will?

    You are a Tea Partier.

  31. #31 by Shane on August 3, 2012 - 4:47 pm

    Ladies and gentlemen of the jury, the defense would like to rest on that fine argument from the prosecution, for surely no argument that I can muster is better proof of his disconnection from reality and thought than the very words of the man himself…

  32. #32 by Larry Bergan on August 3, 2012 - 8:44 pm

    Richard said:

    I never understood the idea of campus cops. Glorified security guards.

    I was stunned to see a police car assigned to grade schools. Where were they when my front tooth got knocked out by a schoolmate in fourth grade.

  33. #34 by cav on July 26, 2013 - 5:16 pm

    Just ‘standing his ground’! must have been very traumatic. Give him his can back that he can ‘serve’ more of humanity.

  34. #35 by Larry Bergan on July 26, 2013 - 8:43 pm

    I’ll bet you anything this officer was promised a promotion, and would have got it, if it weren’t for cell phone cameras.

    A hard lesson that “blind justice” has nothing to do with blinding peaceful protesters.

    I went years without knowing Rodney King got hit so hard, his eye came out of it’s socket. In fact, I didn’t hear about that until after he died. Maybe the media should have reported on that.

    Brad Friedman had a recent report about Californians, peacefully, protesting the awful ruling made possible by the “stand your ground” laws.

    The media was reporting that the protesters had done $15,000 dollars worth of property damage to a hotel there. When Brad called, the hotel told him there was zero damage. As usual, nobody seems to know who is responsible for lying.

    • #37 by brewski on October 28, 2013 - 4:48 pm

      Liberal employment laws, liberal university, liberal judges, liberal administrators….and you are surprised this happens?

      • #38 by Richard Warnick on October 29, 2013 - 10:10 am

        I have never met a “liberal” judge, but I suppose one or two must exist someplace. If I were a “liberal” judge, I would not support the use of pepper spray on unarmed people engaged in a peaceful exercise of their First Amendment rights.

        • #39 by brewski on October 29, 2013 - 3:06 pm

          How many judges have you met?

          • #40 by Richard Warnick on October 29, 2013 - 3:47 pm

            Only a couple in person, most by reputation. My impression is that “liberal” judges are mainly found in Charles Bronson movies. Utah certainly doesn’t have any.

            Judge Dee Benson threw Tim DeChristopher in federal prison for exercising his constitutional right of free speech. That’s the kind of judge we know and love in Utah.

        • #41 by brewski on October 29, 2013 - 5:07 pm

          If you are applying your limited exposure to judges in Utah to those in California, you need to get out more.

          Fraud is not constitutionally protected free speech. Look it up.

          • #42 by Richard Warnick on October 29, 2013 - 5:25 pm

            DeChristopher wasn’t charged with fraud. And Judge Benson said the only reason he got a prison sentence was because of things he said in public outside the courtroom! The judge stated that DeChristopher might not have faced prosecution, let alone prison, if it were not for that “continuing trail of statements.” If I were the judge, I would have thanked DeChristopher for stopping an illegal giveaway of public lands.

          • #43 by brewski on October 29, 2013 - 8:52 pm

            He wasn’t charged with free speech.

            Who said it was “illegal”? You?
            Source please.

            Just because you don’t like it doesn’t make it illegal.

          • #44 by Richard Warnick on October 30, 2013 - 4:21 am

            Judge Benson clearly stated that he was sentencing DeChristopher to prison for his public statements outside the courtroom, not for his actions. Free speech is not against the law.

            The BLM oil and gas leasing auction at the end of the Bush administration was totally illegal. That’s why they tried to slip it through after the 2008 election. The proposed leases were on land that the BLM determined to have wilderness characteristics, and many were close to national parks and monuments. There was no attempt to comply with the National Environmental Policy Act.

            If the DeChristopher had not done what he did, and the Obama administration hadn’t canceled the sales, the leases would have created a valid existing right for corporations to destroy wilderness. The big environmental groups could not stop the lease auction and the courts could not have yanked the leases once sold.

          • #45 by brewski on October 30, 2013 - 8:13 am

            “udge Benson clearly stated that he was sentencing DeChristopher to prison for his public statements outside the courtroom, not for his actions. Free speech is not against the law.”
            Sentences are supposed to have a deterrence effect. If Tim kept crowing about how he broke the law and was proud of it then using him as an example is entirely within the judge’s purview.

            “The BLM oil and gas leasing auction at the end of the Bush administration was totally illegal. ”
            Source please.

            “many were close to national parks and monuments.”
            Being “close to” also means “outside of”. So incredibly non compelling.

            “If … the Obama administration hadn’t canceled the sales, the leases would have created a valid existing right for corporations to destroy wilderness.”
            If my grandmother had wheels, she would be a tram.

        • #46 by Richard Warnick on October 30, 2013 - 8:45 am

          You clearly have never met Tim DeChristopher. He’s the last person you would ever accuse of “crowing about how he broke the law.”

          Indeed, DeChristopher’s action was about upholding the law that’s supposed to protect our public lands from greedy corporations.

          COURT RULES THAT BLM ILLEGALLY IGNORED WILDERNESS VALUES IN RUSH TO SELL OIL AND GAS LEASES IN UTAH

          Maybe I ought to have said “incredibly close” to national parks and monuments. If one of these leases had been drilled, every visitor to Dinosaur National Monument would have to drive past oil rigs to get to the monument! Another one of the leases DeChristopher bid on could be seen from Delicate Arch in Arches National Park! There’s a reason why the Bush administration didn’t hold this particular auction until after the election.

          The point, which you missed, is that once the leases are sold the court cannot un-sell them. DeChristopher’s action was the last chance.

          • #47 by brewski on October 30, 2013 - 9:31 am

            You just said he did, and now you said he didn’t. Which is it?

            “Maybe I ought to have said “incredibly close” to national parks and monuments. If one of these leases had been drilled, every visitor to Dinosaur National Monument would have to drive past oil rigs to get to the monument!”
            And? Those rigs would have been outside of the monument. What part of “outside” don’t you understand? Adding an exclamation point doesn’t make it any less outside.

            “Another one of the leases DeChristopher bid on could be seen from Delicate Arch in Arches National Park!
            Another exclamation point and still outside.

            “The point, which you missed, is that once the leases are sold the court cannot un-sell them. DeChristopher’s action was the last chance.”
            False.

          • #48 by Richard Warnick on October 30, 2013 - 9:52 am

            (1) I never said DeChristopher was “crowing about how he broke the law.” Those were your words. IMHO he was upholding the law, and the BLM was breaking the law.

            (2) You really don’t like national monuments, do you?

            (3) Or national parks.

            (4) Not false. True.

          • #49 by brewski on October 30, 2013 - 8:36 pm

            I just spent the last two weekends in national parks and monuments.

            I also know where the boundaries are. If outside the parks don’t count as outside the parks, then what do boundaries mean? What does the English language mean if outside means inside? Typical lefty anti-intelelctual upisdownism.

          • #50 by brewski on October 30, 2013 - 8:40 pm

            Leases are canceled. Leases have been canceled. Leases can be canceled.
            http://www.nbcnews.com/id/29017638/#.UnHCmhZVgdI

            Can you please try even harder to be even more ignorant and wrong?

          • #51 by Richard Warnick on October 31, 2013 - 8:07 am

            Salazar’s action was unprecedented, and was only possible because DeChristopher monkeywrenched the auction.

            Interestingly enough, the legal wrangling over this one lease auction didn’t end until recently.

          • #52 by brewski on October 31, 2013 - 2:32 pm

            You said it was not possible. Now you say it is. Your credibility with yourself must be zero.

          • #53 by Richard Warnick on October 31, 2013 - 2:38 pm

            I said that a judge could not un-sell leases once sold. Leases are what is called a “valid existing right” under public land law. Secretary Salazar invalidated a lease auction before the leases were sold.

          • #54 by brewski on October 31, 2013 - 2:58 pm

            Your assertion was that the sale of the leases was illegal. If so, then a judge could rule them to be illegal and cancel them. So they can be undone. You are wrong.

          • #55 by Richard Warnick on October 31, 2013 - 3:12 pm

            Yep. The sale of these leases was illegal, because there was no compliance with NEPA, the National Environmental Policy Act.

            The problem with NEPA is that the law is procedural, not substantive. In other words, if you jump through the right hoops, consult with other agencies and the public, then do something outrageous and unconscionable, it’s legal. No judge would deprive oil companies of their property because the BLM failed to comply with NEPA.

            If you read the SUWA link, you would see how pathetic it was for their lawyers to spend five years in court over this. Of course, lawyers don’t care because they’re paid by the hour. Without Tim DeChristopher’s heroic intervention, the leases would have been sold and valid existing rights created. Fait accompli, which was the intent of the Bush administration when they saved the most controversial leases for their last auction, announced on Election Day 2008.

          • #56 by brewski on October 31, 2013 - 3:26 pm

          • #57 by Richard Warnick on October 31, 2013 - 3:47 pm

            Your examples refer to leasing for coalbed methane and fracking, not standard oil & gas leases.

            “Valid Existing Rights Legal and Practical Realities”
            David L. Deisley

            Thanks for finding examples of leases that were actually revoked. I presume the government had to buy them back. It’s more common to simply refuse to issue drilling permits.

          • #58 by brewski on October 31, 2013 - 6:42 pm

            You understand law about was well as you understand math. In common law, any contract which is determined to be illegal can be canceled. Period. There is no such thing as any kind of contract which is immune from common law. As those cases show, if a judge can cancel leases. The reason for canceling cannot be due to one of the parties changed their minds. But if it is shown that the lease violated another law, then yes it can.

          • #59 by Richard Warnick on October 31, 2013 - 6:47 pm

            The problem with your logic is that the leases themselves are perfectly legal. What’s wrong is the BLM’s process of selecting public lands to offer for leasing.

          • #60 by brewski on October 31, 2013 - 9:00 pm

            “The BLM oil and gas leasing auction at the end of the Bush administration was totally illegal.”

            — Richard Warnick

          • #61 by Richard Warnick on November 1, 2013 - 9:12 am

            Yep. The BLM did not comply with NEPA, did not consult with the National Park Service or allow for public involvement in the decision to lease. So the AUCTION was illegal.

            If the LEASES had been bought and paid for, that would have been game over, IMHO. I’ve never heard of a public land lease being revoked in Utah. That was what the Bush administration was trying to do, railroad this thing through to create valid existing rights.

          • #62 by brewski on November 1, 2013 - 11:52 am

            “IMHO” being the operative phrase.

          • #63 by Richard Warnick on November 1, 2013 - 2:06 pm

            At least I didn’t switch sides in the middle of the debate. ;-)

          • #64 by brewski on November 1, 2013 - 3:37 pm

            I kept on the same side of facts. You were arguing your feelings.

          • #65 by Richard Warnick on November 1, 2013 - 4:20 pm

            Don’t get me wrong. I’m glad you switched from claiming the Bush administration didn’t break the law to admitting they did.

          • #66 by brewski on November 1, 2013 - 6:26 pm

            I’m glad you went from saying that judges can’t invalidate leases to saying that they can.

          • #67 by Richard Warnick on November 1, 2013 - 7:56 pm

            I’m still pretty sure they can’t, unless the government compensates the lease owners. It sure has never happened in Utah.

          • #68 by brewski on November 1, 2013 - 8:58 pm

            There are several possibilities which would vary depending on the circumstances:

            1. Judge cancels lease and BLM just gives lessee their deposit back

            2. Judge cancels lease and BLM gives their deposit back plus small compensation for inconvenience

            3. Judge cancels lease and BLM has to pay lessee for other economic damages.

            In all likelihood I think 1 would be most common since the FMV of the lease was the amount paid, so if the lessee gets their money back, then there is no harm.

  35. #69 by Larry Bergan on October 29, 2013 - 10:02 pm

    DeChristopher never showed any contrition for standing up against the greedy with nothing to gain from it.

    In American courts today, that is the ultimate crime. Never crime, itself.

    As time passes, he will be vindicated, even by the ignorant.

    • #70 by brewski on October 29, 2013 - 11:29 pm

      I’ve been charged with a crime once in my life. I apologized. I was contrite. I was remorseful. Charges dropped. Not that hard.

      • #71 by Larry Bergan on October 30, 2013 - 12:03 am

        Should you have been contrite?

        Was your crime a marijuana charge. Were you standing up for democracy, or was it a serious crime?

        • #72 by brewski on October 30, 2013 - 8:17 am

          I didn’t do anything wrong. Case of police overreach. But I knew what I had to do to get the charges dropped.

          Tim was not standing up for Democracy. We had an election and Kerry lost. He was fighting against Democracy.

  36. #73 by Larry Bergan on October 30, 2013 - 12:20 am

    Richard said:

    My impression is that “liberal” judges are mainly found in Charles Bronson movies.

    You have to admit the guy was a hunk!

  37. #74 by brewski on October 31, 2013 - 6:46 pm

    By the way, I was hiking in the Swell two weeks ago and I ran across posted notices with dates of 2013 of existing mineral rights claims. I assume these may have been granted 80 years ago and people are paying their $135 to keep the claim valid. Nevertheless, the claims are still there.

    • #75 by Richard Warnick on November 1, 2013 - 4:18 pm

      Those are locatable mineral claims (probably uranium ore). Worse than leasing, but at least they changed the law so that assessment work doesn’t have to be done with a bulldozer anymore.

  38. #76 by Larry Bergan on November 1, 2013 - 7:33 pm

    Am I the only one who is no longer getting E-mail alerts of follow-up comments even when I request them?

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