Also overnight, Black Lives Matter Chicago and others filed a federal suit (of 41 pages) to ward off Chad Wolf's secret police, on our streets. From the Portland order, then -- some towering language, followed by snippets of a faithful recounting -- of the disturbing facts which led to it:
. . . ."Open government has been a hallmark of our democracy since our nation's founding." Leigh v. Salazar, 677 F.3d 892, 897 (9th Cir. 2012). "When wrongdoing is underway, officials have great incentive to blindfold the watchful eyes of the Fourth Estate." Id. at 900. "The free press is the guardian of the public interest, and the independent judiciary is the guardian of the free press." Id. This lawsuit tests whether these principles are merely hollow words. . . .
Plaintiff John Rudoff is a photojournalist. His work has been published internationally, including reporting on the Syrian refugee crises, the "Unite the Right" events in Charlottesville, Virginia, the Paris "Yellow Vest" protests, and the Rohingya Genocide. He has attended the protests in Portland during the past two months for the purpose of documenting and reporting on them. Since this lawsuit began, he has been published in Rolling Stone, The Nation, and on the front page of the New York Times. While attending the Portland protests, he carries and displays around his neck press identification from the National Press Photographers Association, of which he has been a member for approximately ten years. He also wears a helmet and vest that is clearly marked "PRESS". . . .
. . .[A]round 30 feet away from federal agents, standing still, taking pictures, with no one around him. Id. 11 5-7. He asserts that suddenly and without warning, he was shot in the chest just below his heart with a less lethal munition. Id. 17. Because he was wearing a ballistic vest, he was uninjured. He also witnessed, and photographed, federal agents firing munitions into a group of press and legal observers. . . .
While holding his press pass and identifying himself as press, he was hit with a baton by one federal agent. Id. 18. Two others joined and surrounded him, and he was hit with batons three or four times. Id. One agent then deployed pepper spray against Mr. Berger from about one foot away. Id. 19. He was given no warning. Id. 111. He states that he was not demonstrating or protesting, was leaving the area, and was clearly acting as a journalist. . . .
Because the Court considers any willful violation of this Order, or any express direction by a supervisor or commander to disregard or violate this Order, to be a violation of a clearly established constitutional right and thus not subject to qualified immunity in any action brought against any individual employee, officer, or agent of the Federal Defendants under Bivens v. Six Unknown Narcotics Agents, 403 U.S. 388 (1971), notice of this Order must be widely disseminated. Accordingly, the Federal Defendants are ordered to provide copies of this Order, in either electronic or paper form, within 24 hours, to: (a) all employees, officers, and agents of the Federal Defendants currently deployed in Portland, Oregon (or who later become deployed in Portland, Oregon while this Order is in force). . . .
Onward -- as of Friday morning, there is still no really reliable report, or sign -- of any of these goon squads in Chicago. Overnight, my Mayor removed all the statues of Columbus, in the city -- by official action. Fewer places, for DHS to try to provoke. . . a violent confrontation. Like the supposed ICE raids, after the ACLU's suit, and the BLM suit linked above, I wonder if (Merely) Acting Sec. Chad Wolf has already turned tail, and run home. . . or to some other city.
He will meet very-formidable lawful resistance, in any event, should he roll into our town. Out.
नमस्ते
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