Minor Frustrations, Plodding Along

Friday the 28th was, unfortunately, a comically uneventful court date.

As many of you know, the twelve defendants have filed a Murguia motion, which alleges that this case is being pursued differently than others for political reasons. This is probably crystal clear to our supporters, but the task of convincing a judge will be considerably more difficult.

We had hoped to have the Murgia motion heard on the 28th, but the presiding judge, after a fit of perplexion, admitted he had not read it. Instead of accepting his ridiculous offer to read this important and lengthy motion in its entirety in 10 minutes before proceeding, our lawyers offered to hold it over for our next court date. As dedicated teachers and students, we believe in the importance of doing one’s homework. This lack of effort will be noted in our evaluations.

Oct. 5, our next court date, will include the hearing of the Murguia motion.

On Oct. 11, we will have a hearing on a motion by UC Davis to quash a subpoena we brought requesting information relevant to our case. So much for UC Davis’s supposed non-involvement in our prosecution.

Thanks for your continued attention and support.

A Summer Legal Update

Dear Friends and Supporters,

We want to take a moment to update you on our most recent adventures in court, and give you a sense of what’s in store for the fall we move towards trial.

Recent court activity: On Friday, August 24 in Yolo County Superior Court a motion to compel discovery of additional material pertinent to our defense failed; as did a Pitchess motion to dismiss the case on grounds that UCDPD selectively targeted us for prosecution on the basis of our participation in past political protests.

Next court date: Friday, September 21 in Yolo County Superior Court at 725 Court St., Woodland CA. We are not yet sure of the exact department or proceedings set for this date, but it is certain that there will be further hearings of motions advanced by our defense team. We will be sending further updates with additional information as it becomes available.

The summer saw a series of intermediary court dates culminate this past Friday, August 24 in the denial of these two motions by our defense team. One was a motion to discover information pertinent to our defense withheld, to date, by the DA as well as UCDPD, including the names of officers involved in the infamous pepper spraying many of us suffered, along with our fellow students, as we sat peacefully on the quad last November 18th. The other, known as a Pitchess motion, pertains to the amply documented abuse meted out by UCDPD on that occasion, in order to legally establish the common sense cause those officers and UCDPD had to further repress and us harass through extra-legal means during the US Bank protests, given the international media exposure of their misdeeds and excoriating condemnation their scandalous violence met with in the Reynoso and Kroll Reports.

While we were not surprised to find our motions denied, the legal reasoning in accord with which they were shot down is nonetheless enlightening. While to be a politically engaged student who sits on the ground on several occasions is sufficient cause to allege a criminal conspiracy in the eyes of the court, it appears, to be a cop who repeatedly beats and assaults these same politically engaged students while serving as a member of a small, proudly close-knit police force on a public University campus is not sufficient cause to allege even a modicum of legal continuity between events and misdeeds involving identical personnel. We cannot help but note the tautological irony, here, by which we continue to be denied the names and badge numbers of officers known to all the world to be guilty of misconduct on November 18th, at the same time we are denied the right simply to allege a plausible connection between those earlier misdeeds and our retroactive prosecution on the basis of the very same officers’ reports for participation in political protests, solely because we cannot name which officers perpetrated what misdeeds against which of us on each occasion. That the earlier misconduct of those officers was so severe it has repeatedly been publicly condemned by the same UCD administration who later referred us for criminal prosecution for once more sitting on the floor only heightens the legal comedy, and fortifies our resolve to continue the fight against the University’s chosen path of privatization and criminalization of dissent on campus.

In spite of this setback, therefore, we are cautiously optimistic, armed as we are now with a firmer sense of Yolo County’s lofty evidentiary standards, that future motions might meet with greater success. And on that note, we hope we can count on your support and attendance at our next court date on Friday, September 21. As always, we cannot guarantee the quality of the legal theater, but promise our good company as we anticipate further litigation of motions pertinent to our defense. We hope to see you there, and appreciate your continued support; we know court is a drag.

In solidarity,

The Bankers’ Dozen and Friends of the Accused

How Ego and Ideology are Destroying the World’s Greatest Public University

“Everyone has seen the infamous pepper spray video at UC Davis, in response to which [UC President Yudof] appointed a supposedly independent commission headed by a celebrity former police chief, Bill Bratton, whose company was already under contract with UC to provide security issues, while protecting Davis Chancellor Linda Katehi from the consequences of her policies.

“In fact, it now seems clear why her position was protected; her attacks on students are precisely what the senior UC administration wants to see. And so, with the smell of pepper spray still in the air, UC students were arrested and are now facing up to 11 years in jail at the urging of the same UC Davis administration that had them pepper-sprayed for—run for the hills—a sit in of the campus branch of US Bank to protest its role in, and profiteering from, the ongoing privatisation of public education at UC. Here it becomes clear how the more well-known prosecution of the so-called “Irvine 11″ students, who disrupted a speech by Israeli Ambassador Michael Oren at UC Irvine in 2010, has served as a template for even more aggressive prosecutions of dissenting speech in its wake.

“This prosecution of peaceful protest is happening, despite the fact that the UC Davis Academic Senate has taken the remarkable step of censuring Chancellor Katehi for her actions during the Occupy protests, with no noticeable impact on either her position at Davis or her policies. Of course, it hasn’t occurred to Yudof or other UC officials to protest and even fight against the fact that the more the university is privatised and tuition rises, the more banks such as US Bank rake in profits through student loans.

“The ‘office of the president’ has the time to offer detailed warnings to May Day travellers, but no time to develop a sophisticated counterattack against the very real threat of a student-loan complex that is eating away at the fabric of higher education.”

“President Yudof’s record on these matters is one of bland acceptance—or even advocacy—of de facto privatisation, whose consequences are enforced with greater repression of free and dissenting speech practices at UC. But it is even worse. The UC system under his tenure has become a laboratory for the wider national pattern of criminalising individual conduct at the same time that corporate conduct is given the widest freedoms possible to arrogate the country’s wealth away from ordinary people and to the ever more powerful ‘one per cent’. As Bernard Harcourt demonstrates in his recent Guardian op-ed, the Supreme Court increasingly supports a policy universe in which ‘liberty is sacrosanct for the market, not the citizen’.”

“Why should the internal problems of the University of California matter to anyone outside the system, or the United States? Because universities, especially public universities, are the canary in the coal mine for determining the health of of society at large. If the foundations of free and open exchange of knowledge and debate over ideas, and tolerance for dissent are repressed inside the so-called ivory towers of academia, the situation in society at large will most assuredly be worse.”

[full article (Al Jazeera)]

UC Report Urges “Incremental” Response to Protests

“Deanna Johnson, an Occupy UC Davis protester, noted in an email that its authors spoke with just five UCD students during a series of meetings with representatives from the campuses.

“‘The Robinson-Edley report constitutes a call for a less-visible, but equally ruthless, form of suppression of campus dissent…,’ she wrote. ‘It recommends more administration, more personnel and time devoted to monitoring protesters and more on-campus policing—more training in ‘hands-on’ pain techniques, less reliance on outside agencies, etc.

“‘So, in the wake of the police violence caused by the UC administration’s efforts to suppress resistance to its ongoing privatization plan, and in the wake of the blinding administrative incompetence shown in the Reynoso (task force) report (on the UCD pepper-spraying), we are to see more policing and more administration.

“‘That is to say: this report calls for the UC police force to be brought under increasingly strict control by an obviously out-of-control administration.’

[full article (Davis Enterprise)]

UCD Sues U.S. Bank for Closing over Protests

“UCD spokeswoman Claudia Morain said the university is seeking lost revenue in Yolo Superior Court because the bank threatened legal action of its own.

“‘We did it reluctantly after several months of trying to resolve it and avoid litigation,’ she said.”

This is what happens in a privatized university: the obligation to capital legally outweighs all other obligations.

“U.S. Bank is seeking $1 million in restitution from the protesters.

“Cabral would be obligated under law to present the request for restitution from the bank or account holders listed as victims. On Friday, he said he had not yet heard back from the bank about its wishes.”

Investment bankers break the law and walk off with billions in government subsidies, but when a community successfully makes a stand against unjust profits, we find that unjust profits seem to be guaranteed by law, fully enforced by the DA and the University.

[full article (Davis Enterprise)]

Reflections from UC Davis: On Academic Freedom and Campus Militarization

ucpd_lieutenant_john_pike_terrorizing_innocents.jpg  

The following article by Joshua Clover was just published in College Literature: A Journal of Critical Literary Studies. A PDF of the article is available here. We recommend reading it next to the latest piece from Nathan Brown, “Administrative Totalitarianism at the UC and the Necessity of Direct Action by Faculty.”

The autumn of 2011 offered extraordinary images of police brutality against students (and not students alone) on University of California campuses. Two stand out, both seemingly following on from the national Occupy movement. On November 9, students attempting to ‘occupy’ a grassy area at the edge of Berkeley’s famed Sproul Plaza, next to the Mario Savio Steps, were batoned by riot police summoned to campus by Chancellor Robert Birgeneau, first during the day, and then again that night when Occupy Cal returned. In no small part because a couple of professors were among the beaten, the event became a national news story. This would pale in comparison to events on the Davis campus nine days later, when a low-key tent occupation on the quad — Occupy UC Davis — was broken up by riot police summoned by Chancellor Linda Katehi from three jurisdictions. The images of one corpulent and distressingly nonchalant officer disbursing military-grade pepper spray to the faces of a couple dozen seated students would swiftly become one of the iconic images of the year, not just for the campus or the university but globally.

In train, there has been considerable discussion of removing the Chancellors who either authorized such actions or were too incapable to command the situation adequately. There has also been a perhaps more consequential debate around the presence of police on college campuses, regarding either their presence per se (for those familiar with the internationally and historically common situation of police-free universities), or in terms of their increasingly militarized form. And these changes in campus dynamics — toward the heavy hand bearing advanced weaponry — have prompted concerns about the implications for the intellectual and academic pursuits of the university, and what we might expect to develop from here.

I want to argue as directly as possible that grasping this new security regime as primarily pertinent to campus intellectual climate is misguided. While this line of inquiry is no trivial matter, it confuses and obscures core issues.

The confusion comes from two entangled commonplaces regarding these dramatic events (and others like them in kind, if not in media saturation). The first is the assumption that we can identify in each case a two-part sequence of cause and effect, in which students protest and police overreact disastrously. The second (with evident implications for the question of academic freedom tout court), is that this to-and-fro is to be conceived exclusively as a freedom of speech issue.

These assumptions form a unity. In this understanding, students first protest, as students are wont to do. The question arises as to the limits of protest, and to what extent certain actions — in this case, politicized camping — count as protected speech. ‘Time, place, and manner’ provisions are invoked; the police are summoned, heavy with tools. Orders to disperse are given, no dispersal is forthcoming, and then the intolerable thing happens, and everyone scrambles to understand and manage the aftermath.

There can be no doubt that these ‘overreactions’ are judiciously calculated to produce a chilling effect on student struggle. As with the endless nuisance charges levied against student (and other) organizers, they are designed to exhaust resources, both inner and material. And further there can be no doubt that this chilling effect spills over to the entire campus. In this sense it is certainly reasonable to consider the implications of these actions for free thought and intellectual exploration.

But there are also good reasons — better reasons, I believe — not to shift the debate onto the terrain of thought, ideas, expression, and so forth. It has suited all sides to allow that this drama revolves around First Amendment issues. Under considerable internal and external pressure, both Chancellors conceded that in these cases, the riot police may indeed have curtailed what really should be protected rights of speech and assembly. Katehi insisted (twice; she is in the habit of using the same formulaic language in multiple press releases) that: “Our campus is committed to providing a safe environment for all to learn freely and practice their civil rights of freedom of speech and expression” (2011a, 2011b); her counterpart at Berkeley, Chancellor Birgeneau, extolled the same virtues. Meanwhile, students did not hesitate to pillory both administrations for having failed the Bill of Rights, while dismayed if still-timorous faculty demanded that Birgeneau “respect freedom of speech and assembly on the Berkeley campus” (UC Berkeley Academic Senate 2011).

The fantasy at play here is that what has gone wrong somehow concerns the excessive assertion of First Amendment rights by students, or conversely, the excessive limiting of same by the administration. The logical remedy is inevitably discovered to be a rebalancing of these matters, extending adequate protections to ‘protest’ and ‘expression’ as abstract ends in and of themselves.

The underlying reality is radically different. What must first be recognized is that in neither case did we see the abstract two-part motion, protest/repression. The unity of each event is considerably more concrete: administrations must deploy force to implement austerity policies. The initiating acts were not student protests but university policies designed to assure that the costs of running an educational system increasingly devolve to students, who are at once ever more compelled to pursue higher education for competitive advantage in a forbidding employment landscape, and concomitantly less able to afford the same without increased debt and workloads.

This misrecognition of the sequence of substantive events is compounded by another, whereby the campus protests are presented as arising from the charisma of Occupy Wall Street and the ensuing national movement over the course of the preceding months. As the Occupy movement has not made a significant issue of education, and as students (especially at purportedly elite or top-tier universities) are often thought to be cushioned at least temporarily from the buffets of the economy (especially the employment market), the inference is frequently drawn that the campus variants of Occupy are lacking real content of their own, and are thus reducible to protest for the sake of protest.

What is forgotten is that the Occupy movement, doubtless inspired by 2010’s ‘Arab Spring’ and Europe’s ‘Movement of the Squares,’ has its local roots in recent US campus organizing, specifically the anti-privatization campaigns of 2009-2010 on UC campuses. They have been ongoing if uneven, and characterized throughout by police violence. The shock over recent events at Berkeley and Davis this November must be taken with a grain of salt. After all, only two Novembers before, both Chancellors called riot police from multiple jurisdictions onto the same campuses to break up anti-privatization occupations. Both times, the police attacked non-violent protestors, and lawsuits are still pending. In short, we are looking at a clearly defined confrontation that has been in progress for some time, on the concrete terrain of economic crisis — not a timeless confrontation between academic freedom and policing, on the abstract terrain of rights.

So we might say that a mistaken assessment of the sequence of events, both this November and over the last few years, allows for a misrecognition of the fundamental issue.This seems perhaps a neutral slippage; aren’t rights good for everyone? However, this reflexive motion — in which future political organizing and action turns on itself to address the formal conditions of previous actions rather than the preceding causes — in actuality serves the university administration admirably by displacing the debate into the arena of form rather than content. The administration can offer a remedy, with tonalities of magnanimous self-correction: they can promise to be more thoughtful and diligent about respecting the right to protest, and thus seem to slip out of their position in the struggle, that is, as enthusiastic co-authors of the privatization process. They themselves turn to become a context, not a class antagonist.

This is indeed precisely what has happened. One suspects there will be some payouts to injured students, and that a cop or two will be pastured. And the matter will be tentatively resolved, despite the economic content remaining entirely unaddressed; thus, the administration wins by ‘losing.’

One can see that this movement has become a substantial quagmire for the professoriat within this political cycle: what is sometimes called ‘the articulation trap.’ It is a double truism of the faculty member’s position, especially the professor’s, that she is not identified clearly with either side of the current struggle between the economic interests of students and administrators; at the same time, her job’s basic supposition (especially in the humanities) is that position-taking is itself an action. These two factors supply a powerful if implicit determination toward intervening not by entering into the content of this struggle, but by offering, at a remove, often-eloquent assessments that tend toward seemingly neutral ethical (or pseudo-ethical) categories like rights and freedoms. I fear we professors are quite often guilty of looking for our car-keys under the streetlight — that is, participating in this particular antagonism in the ways we are best equipped for, rather than in the ways that the conditions and goals demand.

In thinking about campus militarization, UCSC professor Bob Meister provides an extraordinarily useful account of the relation between campus securitization and securitization of university economies, as they have recently developed. In his talk on “Debt, Democracy, and the Public University,” he sets forth the cruel historical developments through which William Bratton was retained to lead the investigation into the pepper spray incident, and what it reveals about “the link between the privatization of public universities, the financial services industry and the national security industry” (Meister 2011). Meister observes that:

Since 9/11 the US defense industry of the Cold War has morphed from being mainly in the military hardware business into a new role as global provider of security services that enables government and corporations throughout the world to outsource intelligence, policing, background checks, construction of secure sites and various operations that may need to be deniable — as well as the public relations efforts necessary to support such deniability.

Most Americans do not know that there is a huge domestic market for services provided by the defense industry….The fastest growing market for the defense and security services industry is in the area of local government and public agencies that feel threatened by political protests, such as the Occupy movement, and that have reporting and other obligations under the Patriot Act. Former LA Police Chief William Bratton was hired to build this market for Kroll Security by its parent company, Altegrity, a defense contractor that is itself now owned by a private equity firm that also invests in both for-profit higher education and financial services (Meister 2011).

While the specifics of such connections inevitably vary from place to place and situation to situation, the systemic logic is plain enough. Heightened campus security is inextricably linked to heightened campus securitization in its two main forms: the decision of universities to pursue a certain line of investment strategies which move money away from educational services and into capital projects; and the corresponding decision to cover those educational costs by shifting burdens to students at a rate which can only be financed though student loans, concomitantly providing profitable investment for banks laden with otherwise fallow capital. The rise in tuition and indebtedness within the context of economic crisis simply is the militarization of campus; they are one and the same.

It is impossible to conclude other than this: even if one does adhere to the belief that the matters of intellectual freedom, free speech, and free assembly are fundamental to this unfolding political economic sequence, the place where such things will be arbitrated is not on their own terrain — the terrain of formal rights — but elsewhere. The necessary arena in which such rights might be protected presently and for the longer durée is the arena of direct antagonism between, on the one side, those fighting against backdoor privatization and austerity programs on campus, and on the other, those who implement and enforce them. This is not a rhetorical struggle, and moreover, the retreat into the sphere of articulation risks affirming the misrecognition of the struggle’s character. Such formal rights are far less an enabling condition for this struggle than an outcome of its material content.

Professors: stand with your students, literally. It is the best thing to be done for academic freedom; it is the least you can do for them.

[full article (College Literature via reclaim UC)]

An Update on the Sproul 13

Proof that all this calling and writing can actually work! Our Berkeley counterparts have been mostly successful, but charges remain on one demonstrator who is being singled out for extra-special repressive treatment.

“Good news! Our campaign of putting pressure on DA Nancy O’Malley and Chancellor Birgeneau has been very successful, and we thank everyone for their efforts. The DA has dismissed charges against 11 of the 13 people charged for the events of Nov. 9 and has informed a twelfth that her charges will be dropped on her next court appearance, May 4. But the DA’s office has not made any commitments to drop the charges against the final protester, Jasper Bernes, even though they admit that Chancellor Birgeneau (in response to our pressure) has withdrawn his support for criminal charges. Jasper is scheduled for a pretrial on May 9, the six-month anniversary of the police violence on Nov. 9. It is a fitting date to bring this whole affair to a close.

“We need to keep up the pressure and assure that this last charge is dropped. Please call or write the DA between now and Jasper’s pretrial.

“District Attorney Nancy O’Malley’s phone #: 510.272.6222; (510) 268-7500; email: askwwm-da@acgov.org

“Chancellor Birgeneau’s phone #: 510-642-7464; email: chancellor@berkeley.edu”

[original (UC Chilling Effects)]

Administrative Totalitarianism at the UC and the Necessity of Direct Action by Faculty

“That is: The UC administration decides by pure fiat which kinds of protests it will “allow” on UC campuses, and when it decides it finds one unacceptable, it deploys a militarized police force against the protesters involved without any regard for the law. This is a description of an extra-legal regime, repressing political action in a totalitarian fashion.

“Well, this is a disturbing situation. Or it should be. Since the situation has been clear for two years, and since it is now officially confirmed, the question is: what do we intend to do about it?”

[full article (Occupy Everywhere)]