CVIndependent

Tue07252017

Last updateFri, 16 Sep 2016 12pm

Dozens of defendants, each sitting with their own lawyer, fill a Washington, D.C., courtroom, looking like college students wearing their nicest clothes for a job interview.

However, the situation here is far more serious: They are all facing charges of felony rioting, conspiracy to riot and destruction of property on the morning of Donald Trump’s inauguration, when they were scooped up en masse by police with a controversial crowd-control technique which corrals protesters in a “kettle.”

This is only one of the four groups among the 215 defendants who have been indicted on nearly identical charges. Many had to travel back to the District of Columbia to be arraigned on this Friday, June 9.

One man who traveled here from Santa Fe, N.M., is sitting with his lawyer off to the side. He wears a black suit, has a black goatee and identifies himself as Tejano. He looks around the room like he is taking notes. Everyone else has already been arraigned before Judge Lynn Leibovitz. But this man, Aaron Cantú, wasn’t indicted until May 30, just a week before the hearing. He is a journalist, who has written about policing, propaganda, drugs and politics for The Intercept, Al Jazeera, The Baffler, and many other publications. Reporting from the Republican National Convention on the possibility of a Trump presidency, Cantú wrote, “dream darker.”

Like the others being charged, he’s now facing up to 70 years in prison.

As various protests spread through the city on the morning of the inauguration, one group used “black bloc” techniques—wearing all black and acting in concert to attack symbols of multinational capitalism in a semi-anonymous fashion—in an attempt to disrupt the spectacle of the event, breaking windows of businesses like Starbucks and Bank of America.

“Individuals participating in the Black Bloc broke the windows of a limousine parked on the north side of K Street NW, and assaulted the limousine driver as he stood near the vehicle,” the indictment reads, “as Aaron Cantu and others moved west on K Street NW.”

These black blocs have received widespread media attention in America since 1999, beginning with the Battle of Seattle at the World Trade Organization summit. A black bloc action is newsworthy—and yet, according to the indictment, Cantú is being charged for moving in proximity to the group he was covering.

The indictment alleges that Cantú wore black and discarded a backpack as evidence of his part in the conspiracy. Because members of a conspiracy to riot wore black, anyone wearing black, it seems, is a member of the conspiracy.

It is a crazy, complicated, sprawling case involving evidence from somewhere around 200 cell phones and various cameras. The discovery process will take months.

In Washington, D.C., criminal cases that elsewhere would be handled by the state are prosecuted by the U.S. Attorney’s office—so each prosecutor here ultimately answers to the president of the United States. Although most of the charges were first brought by an Obama appointee, this is a perfect example of what justice may look like in the Trump era. Like the travel ban, it is a grand draconian gesture followed by a lot of confusion.

During the arraignment, prosecutor Jennifer Kerkhoff expressed concerns about finding herself in a “Brady trick bag,” referring to the law that requires the prosecution to turn over all relevant evidence in discovery. How does she know what material on someone’s phone might be relevant to another’s case? And how does the prosecution protect the privacy of co-defendants with data that is not relevant?

“Can I just stop you?” Judge Leibovitz says to Kerkhoff as she talks about efficiency. “You brought charges against 215 people.”

The judge does not have to finish.

Leibovitz set most of the trial dates for October 2018, so that all evidence can be properly dealt with.

“It’s concerning and confusing,” says Christopher Gowen, an American University law professor and partner at his own firm who was appointed to the case. “The fact that we are already here and the amount of resources being spent to get to where we are now leads me to believe we are going to have to sit through all these trials. All this taxpayer money is going to be wasted.”

Gowen says that his client, Cabal Bhatt, was charged on the basis of wearing a bandana on his face to protect himself from police pepper spray.

As the names of each of the defendants are called—Cantú and his co-defendants all plead not guilty—I think about how I was almost arrested reporting on the same events that day. I watched as the black bloc came around the corner, flanked by police. Trash cans rolled through the street. Pepper spray came out. An officer ran at me with her stick. I held up the media credentials hanging around my neck and yelled, “Press!” She went around me. I was lucky.

At the advice of his lawyers, Cantú isn’t talking to the press. I ask Julie Ann Grimm, his editor at the Santa Fe Reporter, which hired him in April, if the charges make her more reluctant to assign him to certain stories.

“His arrest was scary. The threat of being imprisoned for the rest of your life for just doing your job and observing a protest is … I don’t even know how to finish that sentence,” she says over the phone. “I think Aaron is nervous about covering protests. I’m slightly nervous about sending him out to them. But we’re really not going to let this action by the federal government or by the prosecutors in Washington, D.C., slow him down or to put a muzzle on his voice as a journalist.”

Still, she says, he might do a couple things differently now. “He will probably try to stay very separate from the people who are a part of the news event, and he will probably wear something like a tie.”

But Grimm is quick to stress that Cantú is not the only one in this case whose rights are being violated.

“We’re all standing up for Aaron, and this affects our industry and our identity as journalists,” Grimm says. “But the larger sort of corralling, the kettling, the mass-arresting is also troubling.”

As Cantú wrote from the RNC: “Imagining the worst possible future your mind can conjure is an essential step to avoiding a world you do not want to live in. Things are bad, very bad, and we will fuck them up even worse if we can’t acknowledge how very bad they are.”

Democracy in Crisis is a joint project of alternative newspapers around the country, including the Coachella Valley Independent. Baynard Woods is editor at large at the Baltimore City Paper. His work has also appeared in The Guardian, The New York Times, the Washington Post, Vox, Salon, McSweeney’s, Virginia Quarterly Review and many other publications. Send tips to This email address is being protected from spambots. You need JavaScript enabled to view it.. Twitter @demoincrisis. Podcast every Thursday at www.democracyincrisis.com. Below: The black bloc in Washington, D.C., on Inauguration Day. Photo by Baynard Woods.

Published in National/International

FBI Director James Comey was speaking to federal agents when news of his firing flashed across the television behind him.

The regime blamed new Deputy Attorney General Rod Rosenstein and cited Comey’s treatment of the Clinton email investigation—as if daring us to pretend they are telling the truth.


More than 200 people arrested en masse on Inauguration Day are now facing decades in jail. Authorities issued search warrants and slapped others, like Dylan Petrohilos, with conspiracy charges after the fact. “Prosecuting people based on participation in a public protest,” Petrohilos said, “seems like something that would happen in an authoritarian society.”


Attorney General Jeff Sessions recused himself from anything having to do with the investigation into Russian collusion with the Trump campaign after he was caught lying to the Senate about his meetings with Sergey Kislyak, a Russian ambassador widely considered to be a spy. But Sessions still wrote a letter recommending Comey’s canning. He is also involved in hiring the new FBI director, who will be expected to lead the investigation of the Trump campaign.


Trey Gowdy, the South Carolina congressman best known for heading up the endless Benghazi hearings, has been floated as a candidate for FBI chief.

If you can’t get Rudy Giuliani or Joe Arpaio, Gowdy is perfect. Not only did he direct the 11-hour grilling of the ever-hated Hillary, but when the House Intelligence Committee questioned Comey in March, Gowdy demonstrated no interest in finding out how Russia had influenced the election. He was, however, quite interested in prosecuting journalists who publish leaked materials.


The rest of the Republicans, meanwhile, have been busy stripping healthcare from people with pre-existing conditions.

When Dan Heyman, a reporter in West Virginia, repeatedly asked Health and Human Services Secretary Tom Price if domestic violence would count as a pre-existing condition, he was arrested. He faces up to six months in jail for disrupting the work of government. Price commended the police on the arrest.


Desiree Fairooz, an activist with Code Pink, was found guilty of disorderly and disruptive conduct and parading or demonstrating on Capitol grounds—for laughing when Sen. Richard Shelby, a Republican from Alabama, said that Sessions’ record of “treating all Americans equally under the law is clear and well-documented.”

Sessions sent a memo ordering federal prosecutors to seek the stiffest possible penalties in all of their cases, reversing an Obama-era policy that steered away from “enhanced” penalties and mandatory minimums for minor or nonviolent drug crimes.


Former acting Attorney General Sally Yates was fired when she refused to enforce Trump’s Muslim ban. She was supposed to testify to the House Intelligence Committee about Russia back before its chair, Devin Nunes, flipped out and jumped out of an Uber at midnight to go to a mysterious White House meeting. Finally, Sen. Lindsey Graham, no fan of Trump or Russia, called her to testify before the Senate, where she said that she had warned the Trump team that then-National Security Advisor Mike Flynn had been compromised by Russia—a whole 18 days before he was fired. During that time, Flynn sat in on a call with Putin.


Back in July, a week before Trump asked the Russians to hack Hillary Clinton’s emails, he gave out Lindsey Graham’s phone number and told his supporters to call the senator.

Graham later recorded a video called “How to Destroy Your Cell Phone With Sen. Lindsey Graham,” where he chops, stabs, sets fire to, blends, toasts, bats and drops bricks on his phone.

But now it seems like the punch line is the fact Graham was using a Samsung flip phone—maybe digital illiteracy saved him from being hacked.


While dismissing concerns about Russia, Trump created a “Presidential Advisory Commission on Election Integrity” to investigate virtually non-existent voter fraud, putting the presidential seal on his false claims that illegal voters cost him the popular vote.

Again, he dares us to believe him.


Shortly after Comey’s firing, the initial story of Rosenstein’s concern over the treatment of Clinton started to fall apart, and it soon became clear Trump himself had initiated the action. But Trump’s story about the decision continues to change. Now Comey is a “showboat,” says the preening reality star.

When you lie constantly, it is no longer a problem to be caught in a lie. “Maybe the best thing to do would be to cancel all future ‘press briefings’ and hand out written responses for the sake of accuracy???” Trump tweeted when the press asked about the contradictory stories.


The day after Comey got canned, Trump met with Sergey Kislyak, the same ambassador both Flynn and Sessions lied about meeting with.

The U.S. press was kept out of the meeting, but Russian state media covered it and sent out pictures of Trump and Kislyak shaking hands—with big, arrogant smiles, on the faces of men who could have been celebrating something.

Later, Press Secretary Sean Spicer hid from reporters in the dark, between two bushes.


Trump and Secretary of State Rex Tillerson, another cabinet member with long-term business ties to Russia, also met with Russian Foreign Minister Sergey Lavrov—at Putin’s request.

When a reporter asked about the firing of Comey, Lavrov laughed.

“Was he fired? You’re kidding,” Lavrov said sarcastically as Tillerson stood by. Then the two men left the room without answering any further questions.

Later, a reporter asked Putin about Comey. He was wearing a hockey uniform in a tunnel that created an icon-like halo around his head on the television screen.

Putin, too, said the question was funny.

“President Trump is acting in accordance with his competence and in accordance with his law and Constitution,” Putin said. “You see, I am going to play hockey with the hockey fans. And I invite you to do the same.”

The team was made up of world-class athletes. Putin scored six goals.


Later, the administration claimed Russia tricked them into the state-media photo op. Donald Trump recently called himself a “nationalist and a globalist.” Since contradiction doesn’t seem to bother him, perhaps he is also a weak strongman.

Democracy in Crisis is a joint project of alternative newspapers around the country, including the Coachella Valley Independent. Baynard Woods is editor at large at the Baltimore City Paper. His work has also appeared in The Guardian, The New York Times, the Washington Post, Vox, Salon, McSweeney’s, Virginia Quarterly Review and many other publications. Send tips to This email address is being protected from spambots. You need JavaScript enabled to view it.. Twitter @demoincrisis. Podcast every Thursday at www.democracyincrisis.com.

Published in Politics

On this week's liberal-elite-media weekly Independent comics page: Jen Sorenson looks at how President Trump's cabinet picks are sticking it to the elites; The K Chronicles pays tribute to the participants in the women's marches; This Modern World examines our new political reality; and Red Meat learns about God's arsenal.

Published in Comics

I’d like to share some of my reactions to the inauguration—rough notes I took while watching wall-to-wall coverage from Thursday through Sunday.

Think of it as a sacrifice made on your behalf.

TOMB OF THE UNKNOWN SOLDIER

I’m a sucker for tradition and ceremonial continuity. Even parades make me cry. So when President-elect Trump and Vice-President-elect Pence visited the Tomb of the Unknown Soldier to place a wreath on Thursday, my first tears of the weekend began to flow.

When representatives of the armed services marched out—holding the flags of their service, along with the American flag—and then executed the perfect turn and dipped the service flags just the right amount to highlight the national flag for the playing of the national anthem, I was moved. The solemnity of the event and the significance of what that location represents cannot be minimized.

INAUGURAL CONCERT

I didn’t cry at all watching this event. In fact, I must admit I occasionally laughed. Aside from the fact that the Trump inaugural committee had trouble booking any major talent … did you notice that whenever Donald Trump puts his hand over his heart during the playing of the anthem, he occasionally pats his chest, apparently attempting to keep the beat with the music? What made me laugh was the realization that the president has no rhythm at all. And who pats their heart during the playing of the national anthem?

THE INAUGURATION

Again, this is a solemn rite of passage in our democratic history—opposing members of Congress greeting each other; four past presidents attending to acknowledge the peaceful transfer of power; and a crowd of well-wishers (along with some protests that included burning trash cans—I’m still not sure what the political significance of that is).

The lasting impressions for me are the appearance and demeanor of our new first lady, and the poise and grit of Secretary Hillary Clinton. Both women did themselves, and us, proud.

The inauguration speech was unfortunate, painting a picture of a dystopian America and playing directly to the president’s election base—with little regard to the majority of Americans who did not vote for him.

There was one fantastic statement made by President Trump—if only it had been indicative of the overall tone, which, alas, it was not: “No challenge can match the heart and fight and spirit of America.”

He should have stopped there.

At lunch after he was sworn in, President Trump made a gracious statement acknowledging the Clintons for attending, and saying how much he respected them. This is the same man who only a couple of weeks ago said that Secretary Clinton was “guilty as hell” and should not have even been allowed to run for president.

I guess it’s easier to trash people when they’re not right in front of you.

THE INAUGURATION BALLS

Let’s start with how truly stunning Melania Trump looked, and give her credit for having the good sense, at the third ball—honoring the Armed Services—to thank the veterans for their service and to say how proud she is to be their first lady. If only President Trump had shown that much grace—all he talked about was his crowd numbers and the assumption that those attending the ball had voted for him. His absolute favorite word is “me.”

Let’s also give a nod to Ivanka Trump, whose ball gown, hair style and demeanor was exquisite. However, watch for criticism of the way she attempts to identify with average women and their policy issues when she has never faced any of the same situations. Time will tell what influence she may be able to have on her father, but it’s somewhat telling that it’s her husband who got hired for an important job, not her.

The most glaring reality of the balls was that men can’t dance—regardless of age. Neither Trump nor Pence have any sense of rhythm, and they come from a generation when ballroom dancing was actually taught in school. The younger men in both families are hopeless, too. It did make me miss President Obama—remember his first dance with Michelle?

Also, have you noticed that Donald Trump seems to have no sense of intimacy toward his wife? She often reaches for his hand, but he almost never reaches for hers. While “dancing” with her on inauguration night, Trump could barely keep his attention on her, constantly waving to others in the crowd or doing his signature “thumbs up” gesture. Even during the playing of a romantic song, he wasn’t into her—he was into the adoring crowd. He’s the guy you meet who’s always looking over your shoulder to see if there’s anyone more important in the room. There was maybe one moment of affection, and it came from her toward him.

The catty side of me thought: I don’t care how much money or power he has … can you imagine sleeping with that man? Petty, I know, but I’m just sayin’ …

THE DAY AFTER

At the prayer service the morning after the inauguration, the president seemed to have trouble staying awake and engaged. During a prayer, he was looking around the crowd in the church, occasionally with his signature “thumbs up.” He can’t sit still or stay focused for very long. His grandchildren were better-behaved.

Then there was the visit to the hallowed wall honoring lives lost at the CIA—Trump’s first official stop, to assure the intelligence community of his support. He began by saying how much he respects them, then spent two-thirds of his time defending the inauguration attendance, bragging about having the most appearances on Time’s cover (which is not true, by the way), and blaming the media for inventing a rift between him and the intelligence community after he had compared them to Nazis.  

WOMEN’S MARCH

What can one say when millions of women, children and men take to the streets in solidarity across the world?

“What are they marching for?” asked some. As someone who has marched in the past, against the Vietnam War and for civil rights and women’s rights, here’s what: They marched to show that women’s rights cannot and must not be rolled back, and to show their lack of confidence in a president who has publicly disrespected women and the real-life issues that are important to them.

Whatever the differences in individual issues among the marchers, they all stood up for equality without exception.

Marches took place in more than 600 cities across the country, with total estimates now topping 3 million marchers throughout the U.S. More than 1,500 women marched in Palm Desert, and locals Carlynne McDonnell, of Strong Women Advocacy Group; Dori Smith, of Moms Demand Action; Amalia deAztlan, of Democratic Women of the Desert; and Palm Springs resident Eileen Stern made a trip to Los Angeles or D.C., along with many others.

Women and their supporters also showed up by the tens of thousands around the world, from New Zealand and Australia to Rome, London, Austria, Mexico City, Paris, Barcelona and even Kosovo—concerned about not only women’s rights, but also international security, which they believe is threatened under a Trump presidency. Watching this amazing outpouring of support worldwide once again brought tears.

I thought the best sign at the marches was: “Men are afraid women will laugh at them. Women are afraid men will kill them.” I loved the guy from Long Beach who said, “I’m marching for my 91-year-old mother and my 30-year-old daughter, who both taught me how to be a man.”

Meanwhile, amidst this historic outpouring of solidarity and concern, the new president could only talk about how big his crowd was and how he was being disrespected by “the media” in their mostly accurate reporting.

By the way, in case you didn’t understand the pink-knitted caps with pussycat ears, I’ll leave you to figure that one out for yourself.

If you are blasé about the changing of the guard, or disgusted with everything political, I want to remind you that your grandchildren’s grandchildren will study the current period in their history classes. We’ve seen the election of the first private-sector president—with absolutely no political experience and no apparent interest in history or traditions or self-restraint. There is much to make fun of in this unfolding reality show; in truth, when you’re worried or afraid or angry, humor can help.

It’s important to remember we’re living in unfolding history. That’s worth paying attention to, regardless of who gets the biggest crowds or who gives the better speech or whether you believe the political process works to your advantage.

I didn’t vote for Donald Trump, but the bottom line for me is that the peaceful transfer of power transcends all else. It endures as the epitome of what we stand for as a nation.

And that makes me cry.

Anita Rufus is also known as “The Lovable Liberal,” and her radio show airs Sundays at noon on KNews Radio 94.3 FM. Email her at This email address is being protected from spambots. You need JavaScript enabled to view it.. Know Your Neighbors appears every other Wednesday.

Published in Know Your Neighbors