Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. (From a document that is irrelevant during times when wealth is threatened)
Albany, NY police have refused to enforce illegal orders by Governor Cuomo and Mayor Jennings to break up peaceful demonstrations called the “Occupy Albany”, part of a larger national movement. This is refreshing and good news. It helps that Albany police chief Krokoff is not politically subordinate to the mayor, but the larger issue is a centuries-old debate concerning the liabilities of subordinates when they carry out illegal orders.
The law at stake here is the law of the land, the US Constitution, First Amendment, cited above. It trumps all. As long as demonstrations are peaceful, demonstrators cannot be forced to seek permits or disperiise when ordered to do so by local authorities.
Here in Denver, then-Mayor John Hickienlooper, a member of the 1% and a right-wing authoritarian who is perceived to be somewhat progressive because he belongs to the Democratic Party, forcefully broke up demonstrations during the Democratic convention in 2008. As a result, the city had to pay hundreds of thousands of dollars in damages for the illegal acts. Now-governor Hickenlooper (often referred to as “Howdy Doody” due to some resemblance and the perception of strings attached to his legs and arms) did the same with the Occupy Denver protests, and was supported by Mayor Hancock, recently elected and also perceived to be somewhat progressive.
It’s often called the Nuremberg Defense, and many, including Mai Lai murderer Lt. William Calley, have successfully used it.
The question is, when Governors like (Democrats) Cuomo and Hickenlooper hand down illegal orders, are police obligated to carry them out? There is severe group pressure brought to bear on the cops, and severe repercussions if they fail to follow orders. At Nuremberg Germans were executed for following orders in spite of that, as were superiors who gave them.
Ultimately, until our republic is completely crushed, it will be citizens of cities like Denver who pay the price via their taxes for illegal crackdowns. In a perfect world, Hickenlooper and Hancock would be removed from office, and maybe even frog-marched to the hoosegow for time to contemplate the law of the land. Maybe they should pass a test – no public official left behind?
It’s a sad state of affairs, but a hopeful sign to see Albany officials uphold the Law of the Land.
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PS: Predictably, I suppose, a man in Oakland was critically wounded by a police incendiary device. I smell a massive liability lawsuit if the protester was not acting in a violent or threatening manner.
Piece of Mindful 