It Could Happen Here Weekly 131 - podcast episode cover

It Could Happen Here Weekly 131

May 18, 20244 hr 33 min
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Transcript

Speaker 1

Also media. Hey everybody, Robert Evans here and I wanted to let you know this is a compilation episode. So every episode of the week that just happened is here in one convenient and with somewhat less ads package for you to listen to in a long stretch if you want. If you've been listening to the episodes every day this week, there's going to be nothing new here for you, but you can make your own decisions.

Speaker 2

Hi.

Speaker 3

Everyone, welcome to the podcast. It's me James, and I'm joined today by Moe who is an attorney, educator and aberlation. It's've been on the show before. We've very much enjoyed the contributions. We're here today to talk about the recent Supreme Court not decision right, but it's Supreme Court declining to hear a case. It's been reported a little bit. Perhaps I think the importance of it may have been overstated, and it's going to help us understand that How are you doing today.

Speaker 4

Mo, I'm doing all right. How are you doing?

Speaker 3

I'm doing well. It's nice day. Went for a run this morning, saw some flowers, picked some fennel. That was nice.

Speaker 2

Yeah, that's very nice.

Speaker 3

Yeah, wild Fannel if you didn't sell in California now so time. Just a little tip from me, don't get it at the height that dog's pe. You want to go above that.

Speaker 4

It's a pro tip.

Speaker 3

You can't say that. We don't fill this podcast with a little easter eggs. Talking of little easter eggs, let's let's get into the things that are buried within this. What happened was the Supreme Court declined to hear a case. Is that right?

Speaker 2

That's right.

Speaker 4

So the case that the Supreme Court declined to hear is McKesson the dough. This is a case that they have declined to hear eight times, and it keeps going back up and down from I think the Middle District of Louisiana to the Fifth Circuit all the way up to the Supreme Court. And it's a case that involves

the First Amendment. And the way that it has been reported, I think, or at least the way that it has been received, particularly by communities of people who do engage in a lot of First Amendment protected activity, has been with a certain amount of panic that the Supreme Court saying we're not going to hear this case, We're going to kick it back down to the Fifth Circuit. We're going to kick it back down to the district court.

Is you know, a harbinger of terrible things to come for the right to protest and for the kinds of liability that you might be exposed to if you are engaging in protest, And there is some truth to that. It is I would say often dangerous to engage in

acts of dissent. But I think that there's some real misapprehension of what's going on with this particular case, and so I thought it was worth having a conversation with you to try to clarify a little bit about what's going on here, what the risks are associated specifically with this case, and what the risks actually are on the ground with respect to protest, and also to talk to you about some of the resources that are available.

Speaker 2

To protect yourself.

Speaker 3

Wonderful.

Speaker 4

Yeah, So I guess to give you a little roadmap. I think I'll start by talking to you about what is actually the law on the ground at this point with respect to the First Amendment and rights to protest? Yes, have those rights actually been meaningfully altered by this case or by the Supreme Court declining to hear this case? Has it actually become more dangerous to protest. Are there things that we should be worried about? What are they?

And then what kinds of resources there are? I guess the first thing I'm going to do is give you a very brief premer on the First Amendment. So the First Amendment guarantees, as I like to say, the very First Amendment guarantees our rights to speech and assembly. The government can place limits on the time, place, and manner of your protest, but the government is not authorized to

criminalize speech based on subject matter or viewpoint. And it can't impose what's called a prior restraint on speech, which can include making it so risky to speak that people engage in self censorship. But the First Amendment doesn't immunize you from prosecution or civil liability for otherwise unlawful conduct.

Speaker 5

Right.

Speaker 4

So that's why true threats of violence are not protected by the First Amendment. Right, And it doesn't protect you from being arrested for behavior just because that behavior is politically motivated, which is why breaking Starbucks windows and graffiti and assassination are not protected by the First Amendment.

Speaker 3

Right.

Speaker 4

On the other hand, the fact that there are one or more people at a demonstration who are acting unlawfully does not strip the larger demonstration of First Amendment protection right. And that principle comes from a case called NAACP versus Claiborn Hardware and Clayborn. It was decided in nineteen eighty two, and it was a case where the NAACP was soon food civilly on the basis that they had organized a protest where some people in the crowd had caused some damage.

I see this is a very very similar case to the underlying case in this situation where Deray McKesson has been sued civilly, meaning he's being sued for money damages. He is not being criminally prosecuted. Right, That's an important distinction. So, you know what, let's back up a little bit.

Speaker 3

So can you explain who is Deray McKesson. Why is Deray McKesson bouncing up and down between Louisiana and the Supreme Court?

Speaker 5

Yes? Okay, So I'm going to back up even farther than that. The reason that we are here today, that I am here with you talking about the case is that the way that this case is being reported on or received is that people are going, oh God, it's now illegal to protest, and we're all going to go to prison for protesting. Like, okay, I mean, first of all, please using mass arrest of protesters to chill in silent speech is already a time honored American tradition.

Speaker 3

Yes, but that isn't.

Speaker 5

What this case is about. This is a civil case, which means that somebody is being sued for money damages, and the person who's being sued is de Ray McKesson. Deray McKesson was at one point, for anyone who can remember a decade ago, was very high profile, very visible in the Black Lives Matter movement in Ferguson and in Baltimore and then later in Louisiana, and he was somebody who was very visible in the media. He made a

lot of public statements. He made a lot of public statements on behalf of Black Lives Matter, which you know I'm going to get into is not a membership organization. But he made a bunch of statements as though he were the representative of a movement which he referred to as Black Lives Matter. He organized a lot of protests. I think at one point I have a memory that he ran for office, so he was a very visible

movement organizer, right. He organized a protest in I believe twenty seventeen in the wake of the police murder of Altms Sterling, at which a police officer was hit in the head with a hard object, a rock or a piece of concrete, and he was like, the police officer was injured.

Speaker 3

Right, like pretty seriously, yeah.

Speaker 5

And he then sued Deray McKesson for money damages on the theory that because he had organized the protest, he had control of the protest and he had some responsibility for the fact that this other person had thrown a

rock at him. This theory requires a real failure to understand social movements and distributed networks because what it presumes, and I think we've talked about this before on this show, is the inability of the police and the courts to understand that not every social movement operates with a clear hierarchy like the police, right or the military. Because their social movement groups do imitate the military, they do imitate that hierarchy. They totally reproduce this sort of chain of

command theory. So if you look at the Klan, right, they are organized via they are incorporated, they have a membership, there is a clear hierarchy, who is in charge, who is giving orders, who is following orders?

Speaker 3

Right, that is not the case Proud Boys, Patriot Front like very of organizing without authority and the conceiving of anyone doing so, it would seem right.

Speaker 5

And so I think I've told you before. I've actually had to drop footnotes in federal court filings to explain that Antifa is not a membership organization.

Speaker 3

Yeah, this is a discussion that I have been privy to as a historian of the same organization. Which day it was ironically right that the KPg was Yeah, when we were referring it to that, we're not talking about nineteen thirty three Germany.

Speaker 5

No. So you know when someone says and this becomes relevant here because the initially when this suit was filed, it was two different lawsuits, and it was a group of police officers who had been shot in different places in the country, suing not only during McKesson but black lives matter. And I think in fact, one of the defendants who was named in one of the initial suits was hashtag black lives matter. So I don't know how you serve a hashtag.

Speaker 3

Yeah, fascinating totally fascinating.

Speaker 5

I mean, the legal theory underlying these cases was pretty bonkers. And then various other individuals who were part of different Black Lives Matter groups. The initial suit that went after all these people and hashtags for the shootings were really just legally insufficient.

Speaker 4

Right.

Speaker 5

The allegations that were made were Black Lives Matter whatever that is, made statements about how policing is unjust and police shouldn't be surprised if there's you know, if they encounter resistance, and then these other people kind of showed up and shot at cops. And the theory is that by sort of making these statements, Black Lives Matter encouraged or incited and was responsible for these shootings. Yes, this is not a this is not a valid legal theory, right,

I mean, it just is not. And that case was dismissed, you know, just entirely. And then the second case that was brought was this one where the guy who was hit in the head with a rock, and it's the same allegations, the same theory of liability, and everybody got dismissed out of that case. All of the defendants got

dismissed out of that case, except for Deray McKesson. And part of the reason that everyone else was dismissed out of that case, or that the suit was dismissed with respect to those named defendants, is that Black Lives Matter was an unincorporated association, and an unincorporated association can't be sued. So and this has been relevant in other cases. I'm not trying to give anyone legal advice, but I want

people to think about the fact. I think there's like a real impulse sometimes in social movement organizing that like we need to make everything a nonprofit.

Speaker 3

Yeah, yeah they can, or we need to have a.

Speaker 5

Bank account even And the fact is when you create an organization, even if it's an unincorporated association, that where the entity has what you would say is its personality is distinct from that of its members. Right, right, it can be sued. You become susceptible to a lawsuit. And so for example, when Energy Transfer Partners tried to sue there's currently a suit against green Peace, yes, the Standing Rock suit, and we'll talk about that later. Right, it's

a slap suit. It's a suit that endeavors to stifle speech that's in the public interest. When that suit first started, they tried to sue Earth First, but Earth first is not an entity. There's no one to serve. You know, there's nobody there. It's not you know, it's like antify. It'd be like trying to sue Batman fans.

Speaker 3

Right, yeah, yeah, swifties, I would love to see it.

Speaker 5

Right, there's there are maybe people who identify in that way, but there is not a coherent group, right, and there's certainly not a group that can take that can take responsibility for the behavior of its members.

Speaker 3

Right. Talking of taking responsibility, mo, we we unfortunately have to take responsibility for the fact that we now have to pivot to ads.

Speaker 5

Okay, if you say so, I do.

Speaker 3

I'm so sorry. It's not my favorite part of my job. All Right, we're back there. We've pivoted to add So, yeah, we're talking about like this, the difference between like an incorporated organization, which can be So can you maybe just even if we step it back like a little bit further and explain the difference between civil and criminal liability, just in case people haven't got that.

Speaker 5

Criminal liability is like when you are criminally charged by the state, by the government for violating a criminal law. Right, and when you are criminally charged. The what is on the table is that you might go to jail or you might go to prison. You can also be civilly sued.

And what's happening there is if someone says, okay, you've you know, you wrecked my car, or your dog bit me, or you punched me in the face and I lost a tooth, then you can be civilly sued by that person for money, damages, got it right to compensate you for the loss. So in this case, mister McKesson is being civilly sued, not arrested, not prosecuted, not subject like, there is no possability that if he loses this case, he'll go to jail.

Speaker 3

Yeah, so this civil case happens in Louisiana. Right, Yeah, let's talk about how it bounces around the fifth circuit.

Speaker 5

So I started to tell you that there were sort of these two cases. The first one is entirely dismissed. The second one they say, all right, Black Lives Matter is not an association that can be sued. These other individuals that you've named here as defendants were not present, made no statements about it. Well, first they dismissed the whole thing actually, then the cop appealed to the circuit, and the circuit said, yeah, mostly you're right, District Court,

all of these people can't be sued. But mister McKesson, we do think could be liable under a theory of negligence because he organized the protest and was present. This officer sues McKesson and a bunch of other people, and the office says that mister McKesson is liable because he organizes protests and should knew or should have known that

it could potentially turn violent. And so he says under Louisiana law, he can sue on a theory of negligence, which doesn't require any kind of intent or certain knowledge.

It's just being you know, negligent. Initially, the court, the federal district Court, dismisses those claims, all of them based on NAACPD Claiborne, which I talked about earlier, right, which says, if you're at a protest and one person gets violent, like the rest of the protest doesn't get does not lose its First Amendment protected character just because other people are violent. Then the cop appeals and the Fifth Circuit in part affirms their rulings about all of the other

people who were sued, but reinstates the negligence against mister McKesson. Right, he then it does it never, by the way, has proceeded to trial. This case is still in a very preliminary phase. Oh wow, it has been going on since twenty seventeen and it's been bouncing up and down the courts. But the question is can he even be sued under this theory? So we haven't gotten he hasn't been found guilty,

we haven't had a presentation of evidence. There's all kinds of stuff that has not yet happened in this case. The question is very, very narrow. It's can a person be sued under a theory of negligence when they organize a protest and somebody else at that protest causes some kind of harm?

Speaker 6

Right?

Speaker 5

So the Fifth Circuit says, go back district court and hear this claim of negligence. McKesson then brings it to the Supreme Court, and the Supreme Court reverses the Fifth Circuit and says it overturns their decision and says, you actually can't force the district court to proceed with this trial because you didn't check in with the Louisiana State Court to get their feedback about whether Louisiana state law actually allows for this kind of negligence claim.

Speaker 3

Okay, so they missed procedurally, they fucked up.

Speaker 6

Yes.

Speaker 5

Then the Fifth Circuit says, okay, find Louisiana Supreme Court. What do you think? And the court says, yeah, we think you can proceed on this negligence claim. And then the Fifth Circuit affirms its previous ruling and says, okay, Now, District Court, hear it again, and you can hear this negligence claim. As to mister McKesson, they tried to distinguish it from Claiborn. I don't think they did a good job.

One of the there was a three judge panel that ruled on this, so it was a two to one ruling. Two of the judges try to distinguish it from Claiborne. One of the judges Uh says, no, you know, Clayborn.

It's exactly the controlling You can only hold somebody liable for their own behavior, right, And one of the things he says is that if you make protest organizers liable for someone else's violent behavior, all accounter protester has to do is show up and start throwing rocks in order to order to get the whole protest too, you know,

to impute liability to the the organizerson who organized the protest. Yeah, and that goes both ways, right, So i've I am sort of surprised that they given that there are social movements that are probably more aligned with the values and beliefs of these federal judges in the Fifth Circuit. So the Fifth Circuit at this point says, no, go back to the district court and have the trial on the theory of negligence. Right, then, the Supreme Court decided a

case called Counterman be. Colorado. Counterman be. Colorado is not a First Amendment political speech case. It's a case about somebody making threats. But that case relies very heavily on Clayborne. So in that case, we have what's called a true threats analysis, and they're trying to determine whether a person who's making threats needs to actually know that the threats they're making are going to be perceived as real threats.

And what they decided was they do need to know to some degree that these statements could be taken as true threats. But they talk a lot. Kagan authored this opinion, and she talks a lot about how careful we have to be even with speech that is traditionally not protected like true threats, because it's very important not to chill

protected speech. And what she says is that the Court has always been really wary of chilling protected speech, and so sometimes it makes extra space for speech that isn't protected in order to make really sure it doesn't chill protected speech. Right, So she says, the court must consider the prospect of chilling non threatening expression given the ordinary

citizens predictable tendency to wide of the unlawful zone. The speaker's fear of mistaking whether a statement is a threat, his fear of the legal system getting that judgment wrong, his fear in any event of incurring legal costs, all those may lead him to swallow words that are in

fact not true threats. And so what they say is we need to make a standard that has enough what they say is breathing room to make sure that even if it means that some unprotected speech gets through, we have enough space for all of the protected speech to still exist and for nobody to feel uncertain about whether or not their.

Speaker 2

Speech is protected.

Speaker 3

Yeah, sure, they don't want to gradually have a creeping sort of boundary.

Speaker 5

Yeah. So what she says is, if we're going to ban any kind of speech, it has to be known and knowable to the speaker, and there has to be sort of a requirement that the speaker is actually aware that this is not protected speech. And so in this case encounterman with the guy who's making the bizarre threats, what they decide is you only need to be reckless about the speech. You don't have to be doing it

intentionally to threaten someone. But if you're saying things that you even if you don't mean it to be a threat, if you could reasonably anticipate that it will be received as a threat, that's sufficient. Okay, okay, And then she says, this are incitement decisions, right, So, Supreme Court decisions regarding incitement to violence demand more. But the reason for that demand is not present here where we're talking about threats. When incitement is at issue, we have spoken in terms

of specific intent, presumably equivalent to purpose or knowledge. In doing so, we recognized that incitement to disorder is commonly a hair spread the way from political advocacy, and particularly from strong protests against the government and prevailing order. Such protests gave rise to all the cases in which the Court demanded a showing of intent, and the Court decided those cases against a resonant historical backdrop the Court's failure in an earlier era to protect mere advocacy of force

or law breaking from legal sanction. A strong intent requirement was and remains one way to guarantee history was not repeated. It was a way to ensure the efforts to prosecute incitement would not bleed over, either directly or through a chilling effect, to dissenting political speech at the First Amendment's core. Okay, so we have this case that's decided days after the Fifth Circuit makes its decision that directly speaks to this decision. Right,

it reaffirms Clayborne. It reaffirms that political speech is protected. It reaffirms that you cannot have a negligence standard. You have to have a standard. You can't just say, well, somebody knew or should have known that organizing a protest might lead to violence, and you say they have to be like, we're going to go out and we're going to do violence at this protest at this time. Right, they have to be actually advocating for violence in order to be held responsible for violence.

Speaker 3

Right, So how does this not just lead to his case being dismissed.

Speaker 5

So then at the same time as that's happening, mister McKesson has asked the court again to weigh in on whether this case can proceed under a negligence theory, right, meaning should he have can he be prosecuted because it's possible that a protest will turn violent. And the Court says we're not going to hear this case, and somewhat unusually, Justice Sonya Soda Mayort issues a statement along with the denial of hearing the case, and she says, this court

may deny what's called curcherai right hearing the case. The Court may deny sorcherai for many reasons, including that the law is not in need of further clarification.

Speaker 3

Right.

Speaker 5

It's denial today expresses no view about the merits of mckesson's claim. Although the Fifth Circuit did not have the benefit of this Court's recent decision in count Determine when it issued its opinion, the lower courts now do I expect them to give full and fair consideration to arguments regarding Counterman's impact in any future proceedings.

Speaker 2

Right.

Speaker 5

So, I don't think that it's some like terrible thing that the Court said, Oh, no, we're not going to hear this case. I don't think they're saying in any way, oh we're not going to hear this case because we think it ought to proceed further and go to trial down in Louisiana. I think what they're saying is we already decided this issue. The law remains the same. Claiborne is still the controlling case here.

Speaker 3

Right, Yeah, it seems very clear that what they're saying is that we've already made clear what we stand on this.

Speaker 5

That's right. And so the last thing that's on the docket in mister mckesson's case is basically a submission that reiterates what Justice Sotomayor said, streat you a little from this, It says, so do. Mayor's statement explains that the court's decision expresses no view about the merits of the claim because the law is not in need of further clarification. So it suggests that the existing clear law comes from countermen.

And the statement makes even clearer that the First Amendment does not permit liability on the negligence theory advanced by the cop in this case. It doesn't say the cop in this case, so it makes very clear. You know, they have submitted mister mckesson's council has submitted this statement to the judge, and I think there is every possibility that this case is just going to die at this point.

You know, remember the District Court already dismissed it altogether at once, and it has only been carrying it forward because they were ordered to buy the Fifth Circuit.

Speaker 3

Yeah, yeah, it would just go back to the district.

Speaker 5

Yeah, exactly. So in fact, there has been a lot of anxiety about, oh, the Supreme Court is signaling that the law has changed and that the Fifth Circuit can just criminalize protest. In fact, what I think has happened here is that the Supreme Court affirmed that the Fifth Circuit may not expose people to civil liability for organizing a protest. That does not mean that the courts down there are not going to try to keep going forward

with this. But I think if they did, and if mister McKesson was like a if they even allowed it to continue, it might just go right back up to the Supreme Court, and the Supreme Court might at that point hear it because they've already said, no, we expect you to follow the law that we just rearticulated in this other case. Right, But again, remember that we haven't had a trial yet. He hasn't been found guilty. He hasn't, right, Like, the question is can we even proceed in this case?

Speaker 3

Let's take a second outbreak here, and then we'll come back and discuss This may have been over exaggerated in terms of it's importance of state repression approtest, but that doesn't mean that state repression approtest is not happening, right, it is. So can you explain to us the mechanisms through which that happens and the considerations and resources available to people who may wish to exercise the First Amendment? Right? Yes?

Speaker 5

Absolutely? So has it become more dangerous to protest? I mean, I guess, but not because of this case?

Speaker 3

Right? Right? Yeah, I mean generally right. They cops get bigger guns and more guns and tear guess things every year, and then they love to use him. Yeah, along with the legal consequences.

Speaker 5

Yes, And are there things that we should be worried about? Yes, But I don't think that this particular case on its own is the harbinger of the end of the First Amendment. It's one symptom of the larger underlying effort by the state and you know, corporate capital and all of the forces of retrogression and repression to quell dissent. But it's

just one of many, right. And we've seen so many examples of this, and they are by no means new or novel, right, They're just trying out new legal theories, and this was one of them. And I don't think it's going to go anywhere, But I think we need to remember there's always sort of multiple fronts on which we're fighting this battle. Right. There's the legal front, right, and then there's the sort of on the ground law

enforcement front. One of the reasons that mister McKesson was targeted here is because he did make and this is not to say this is his fault, it absolutely is not. But one of the things that made him more susceptible to targeting is that he did make a ton of public statements and he was extremely visible in a way that aligned with the governments and the right wings understanding

of social structures. Right because if they understand that social movements are being directed from the top, which is not typically the case. But if that's if that's what it looks like to them, is a person that they can identify, who they can even a little bit make out, even the most tenuous case, is in charge, then you know that's the person they're going to go after.

Speaker 3

Yeah.

Speaker 5

Yeah, So to the extent that we're doing organizing that where it is distributed, it is autonomous. You know, it is spontaneous. And we aren't working with in structures that are hierarchical, and we're not working in structures that are incorporated and have bank accounts in public meetings and membership structures.

You know, we're already very insulated from this kind of thing. Anyway, the dangers are what the dangers have always been, which are mass arrest because the police neither know nor care what the law is, and they don't care about Clayborn, and they don't care that the fact that you did not personally throw a rock doesn't constitute probable cause to

arrest you. Right, Like, I am always more concerned about things on the ground like mass arrests and police involved injuries than I am about frankly about even long term legal consequences because so often, and I guess I say this because I have the privilege of practicing in New York, where there is a very strong history of public protest and everyone sort of understands what that is and no

one feels all that threatened by it. Which doesn't mean that there aren't a lot of police involved injuries, and it doesn't mean that there aren't a lot of traumatic arrests, but it does mean that typically there are not devastating

legal consequences of that. Now, that's not the case in places like Georgia, right where they're doing their own sort of boundary testing down there to see what kinds of criminal liability and what kinds of theories of criminal law they can use to sort of bootstrap absolutely garden variety protest behavior into really serious felony charges. Right. So that's the kind of stuff that I would say, Yeah, we should be worried about it. It is dangerous to protest.

There's widespread surveillance, there's widespread public private collaboration, there's widespread agency cooperation. There's all kinds of non state actors, right, corporate actors, political actors, random sort of individuals and small groups that are doing are engaged in all kinds of surveillance.

There's counter groups, right, we have like you mentioned before, the Proud Boy, we have all kinds of well, look, Canary Mission is a really good example, right, We have all kinds of actors, groups, individuals, corporations, government entities that have an interest in suppressing descent, and they engage in all kinds of conduct, you know, ranging from intense surveillance to doxing to you know, even more violent behavior, you know,

targeted harassment, not just by law enforcement, but by individuals, by neighbors, by media outlets. Right. And those are the kinds of things that make it dangerous to protest, I guess, But since when do we let that stop us?

Speaker 2

You know?

Speaker 7

I mean?

Speaker 5

The solution to these kinds of dangerous is to be thoughtful, to remember that discretion is the better part of valor, right, Meaning, you don't need to be bragging about whatever you're doing on Twitter. You don't need to always be the public face of the movement, because even if you're not speaking directly to cops in an interrogation, anything you say publicly

can and very much will be used against you. Yeah, We're seeing a lot of employment and educational consequences right people are currently what's happening right now as we speak at Columbia University, people are losing their student housing, they're getting suspended from school, they're getting arrested, they're getting you know, these student disciplinary proceedings. There's all kinds of risks to being a public dissident. But the solution to that kind

of repression is not self censorship. It's courage.

Speaker 3

There are other ways that we secure change, but showing up in the streets is always how you make history, and you have to be smart, but you also have

to be brave. As we reach another election year, almost certainly like there will be protest, which, whatever happen, depends in the election, right, that will lead to people who are perhaps not so familiar with horizontal organizing, with like anti authoritarian or non authoritarian organizing, all these things, entering a protest movement, and people will inevitably have to learn like one way or the other, you know, like these basic things they can do to make it as safe

as possible to protest, and it would be great if they can learn them from a podcast, not from them or their friends getting hurt.

Speaker 5

Here's what I would say too, if it is at all possible, find a lawyer who is willing to consult with you before you go out and do your action, just so that you can be prepared right for purposes of informed consent, because I cannot tell you. You know, lawyers are not allowed to advise their clients to break the law, but it's very much our job to tell you what the possible or likely consequences of certain courses of action.

And you are probably better off knowing what that is before you do the thing than after you do that thing.

Speaker 3

Yeah, that's a good idea.

Speaker 5

I will tell you that. Personally, I would rather spend many hours talking people through, you know, the various outcomes of different ideas, than spending ten minutes talking to them after they're already in a cell. Right, you know, there are ways of protesting that are entirely lawful that can

still help you to accomplish your political goals. And if you are going to go out and do something that you think is likely to involve a rest, I at least want you to know that it is likely to involve our resty exactly you know, and what your specific risks might be and to have somebody lined up to take care of you, to represent you if that becomes necessary.

Speaker 3

Right.

Speaker 5

I really don't mean to say, oh, don't worry about McKesson VD, It's no big deal. It is a big deal. It's a big deal because this whole judicial system and legal apparatus is working over time to find every possible way to discourage protest. But it is not unique in that regard. And I guess that's really what I'm trying to say. There are all kinds of ways in which we are at risk by being dissidents. I just don't think that this one is particularly special or particularly alarming.

And again, what I just referred to as the law of the land is not the same thing as law enforcement practice, right yeah.

Speaker 8

I would.

Speaker 5

Really want to make sure that everyone remembers a the law is not the same thing as justice, and neither is the law the same thing or even necessarily related to what police are doing on the ground during a protest.

Speaker 3

Right yeah, there's very different things. Where can people I guess, people who are organizing, people who are you know, organizing autonomous, spontaneous horizontal movements, are they good resources for them to find because they might be they might need in my state? What's you know, what do I have to avoid that kind of thing?

Speaker 2

Yes?

Speaker 3

Where would they find those?

Speaker 5

One resource if you are contacted by federal law enforcement is you can call the National Lawyer's Guild Federal Anti Repression Hotline at two one two six seven nine two eight one one. A really good resource is the Electronic Frontier Foundation's Surveillance Self Defense which is at s as in Surveillance s as in Self d in Defense dot E as in Electronic f as in Frontier f as in foundation dot org. The National Lawyer's Guild has various know your Rights guides that are available at NLG dot org.

We also have chapters all over the country and if you look in our referral directory you can find where those contacts for people all over the country. I think if you want a know your Rights training, you can reach out to the NALG and there are a lot of other a lot of other organizations that do know

your Rights trainings. I know in New York we have a really amazing organization called Cuney Clear, and I would highly recommend you follow them on Instagram because they often have a lot of resources they're posting Protect your People a digital toolkit for organizations and employers, and it was developed to combat anti LGBTQ plus harassment. But I think the principles remain the same no matter what it is that you're looking at. And I'll put the link to

that again. It's called Protect Your People and it's hosted by the Harvard Law LGBTQ Clinic. But I'll stick the link here in the chat for you, James, so that you can share it in the show notes.

Speaker 2

Well.

Speaker 3

To finish up, you've mentioned the national Lawyers Guilds and some other resources. Is there anywhere else where people can find you or where do you think that they should be following along? Like you know, like we said, we're going into an election year. Stuff's probably becoming more relevant again, and there's a genocide happening right now that people are facing severe personal consequences for protesting.

Speaker 5

Yeah, I mean, I don't want anyone to follow me.

Speaker 3

On social media.

Speaker 5

If that's what you're asking, I will always every single time plug landback dot org. And if people yes, I can see that you have a land back flag behind you.

Speaker 3

Yeah, there's a black one next to it.

Speaker 5

Okay, also a solid choice for flags if we got to do flags. Oh also, please, for the love of God, don't talk to cops.

Speaker 6

It's it could happen. Here a podcast where I didn't come up with an intro. So you're getting this one. I'm your host, Bia Wong. This is this is the podcast where actually, this is the part of the podcast where after things have fallen apart, you put them back together again. And yeah, the thing that's being put back together here. You know, I really I really should have planned this intro more. But this is what happened. This

is what happens when we get night recordings. But yeah, the thing, the thing we're putting together today is a union at a really interesting kind of very very interesting kind.

Speaker 3

Of coffee shop.

Speaker 6

So with me to talk about this is Alex, Rocky and Madeline from Blue Bottle Independent Union. And yeah, thank you all for joining me.

Speaker 2

Yeah, thank you so much for having us.

Speaker 6

Yeah, I'm excited to talk with you all. And so I guess the first thing that I want to start with is can you talk a bit about what Blue Bottle is, because this is a really weird story that I think kind of reveals a lot about the way I don't know, it is sort of lofty terms, is like the direction that capital has been moving in the past like ten years.

Speaker 8

Absolutely.

Speaker 2

Yeah.

Speaker 9

So Blue Bottle is a specialty coffee chain founded by James Freeman in Oakland, California, like two thousand and two. Like most specialty shops, starts off as like this small little cart where you know, one guy is doing all the parts of production, roasting, serving the coffee and all that.

Speaker 8

And then.

Speaker 9

Throughout you know, the early aughts twenty ten's, they do lots of rounds of venture capital financing with like Fidelity and other firms until twenty seventeen, when Nesley purchased a sixty eight percent majority ownership in Blue Bottle at I think a seven hundred million dollar evaluation. And since then, no, no, no, the it was a seven hundred million dollar evaluation. They paid four hundred million dollars too. Yeah, isn't this great?

And since then they've expanded from you know, the tiny little location in California to seventy stores in the US and then over one hundred globally, including in China, Japan, Hong Kong, South Korea, and am I forgetting anywhere else.

Speaker 2

I think that's I think that's it.

Speaker 9

Yeah, Yeah, it's it's a fun time to be a coffee worker.

Speaker 8

I guess.

Speaker 6

Yeah, it's interesting to me the extent to which this it has. I mean, okay, so like one hundred shops is like a lot of shops, but it's not seven hundred million dollars of shops. Like it really seems like this company has like it really has like tech valuation, which is alarming.

Speaker 9

Yeah, and I mean it's not uncommon for specialty right now, which is also concerning. Like, as far as I understand, Intelligentsia and La Cologne are also owned in part by venture capital firms, and this is really confusing, especially because for anybody that knows anything about like the economics of

coffee shops, the margins are terrible. Yeah, and really a as far as I can tell, the only value that Blue Bottle offers to Nesley is brand and like the ability to eventually grow to the point where at some point in the future they'll be able to make a little bit of money.

Speaker 6

Off of it all, which is a deeply weird business strategy. Yeah, and so I guess I wanted to start here because it feels like a very different organizing terrain than a lot of like you know, a lot of the shops that we've been that we talked to on this show, because it's like the value of this company is only kind of tangentially, you know, like on a sort of macro level, the value of the company is like kind

of tenuously connected to your labor. But on the other hand, like at the individual shop level, you're still dealing with all of the same sort of like you know, like hyper exploitation and trying to like ring every cent out of stuff.

Speaker 3

So I guess I.

Speaker 6

Wanted to start by kind of asking, like how how did that the weirdness of what of what Blue Bottle is influence like how this campaign started.

Speaker 7

To be pretty frank about our campaign, Like there was a crop of organizers before Gonzo myself, who I would say at this point are kind of the longest running organizers on this campaign. Look, there was a crop before us, so we joined. We did not start the campaign here at Blue Bottle, but I think, I mean it was difficult in the very beginning, Like you know, blue bottle it pays now, like I think starting wage for brista

like eighteen an hour. You know, we just got to pave up in April, so it's like I, you know, I do make more of the minimum wage. It's it can be a tough sell for people to be like, oh, but you know it's like marginally better, Like oh, I'm working at this like fancy coffee shop, don't they treat

us a little better? Like? But when you look at like also, the coffee industry has a hole on like on a global scale, incredibly exploitative industry that like we are both we play in too as people like in the US who make incredibly expensive specialty coffee, but also like as workers who are exploited ourselves.

Speaker 2

Like, this is something that I think we have to think.

Speaker 7

About often as like how I don't know, how can our union affect this industry as a whole, How can we affect you know, Nestle as this conglomer as a whole, But also how can I afford my red next month?

Speaker 2

Yeah?

Speaker 7

And so you know, having those kinds of discussions with workers, like putting our day to day labor into this kind of larger context both of the company and of the industry. I mean, I think this campaign, you know, we didn't we didn't start out independent. We had a little bit of shopping around almost of different unions. I think we were also largely spout here in Boston specifically, like it is kind of a hotbed for coffee organizing. A lot

of shops around here organized. There have been some incredibly like militant shops out here, like I think Gonza and I first got introduced to the Bluebettle campaign from the Star eight seven four picket line and they were out there for like two months, and I think that that, you know, those kinds of things have really influenced this campaign and really influenced our organizing as we go into this like really kind of corporate, bougie coffee shop that

is hard to hard to reconcile with, like, hey, I am also an exploited laborer. I you know, I am forced to make coffee all day for customers who are frankly quite rude and having to have those conversations with your coacs of like, hey, we deserve better. It might be marginally better than some other place, we still deserve better and we can fight for so much more. So I feel like I went on for a little bit there, but I hope that answered that.

Speaker 9

One thing to kind of add on to that is when organizing in the stores. Part of the fact that we're owned by Nesti makes it actually much easier because people aren't like easily fooled. We understand that Neslei is putting a lot of money into this company with the hope of future returns, you know, in the shorter medium term.

And also people implicitly understand that the current model that the cafes operate on is kind of reckless, Like because we're owned basically as a venture capital scheme, this means that, you know, we're constantly trying to cut costs that shouldn't be cut. Like even today, Madeline and I ran out of decaf coffee beans because they hadn't placed in order for them.

Speaker 2

Oh my god.

Speaker 8

Yeah uh.

Speaker 9

And you know we've run out of you know, milks fairly frequently. We've run out of things like cups and lids and very basic things that you need to run a coffee shop as far as I can tell, only because they need to keep operating costs comically low so that way they can appease their nestly over lots.

Speaker 6

Which is pretty funny because the math doesn't make any sense on that right, because it's like, Okay, you need to find a way to make like four hundred million dollars. Your solution to this is We're gonna delay ordering more coffee beans. It's like, is there anyone who like, No, you don't like. This isn't even an accountant situation. This is a like, is there anyone here who understands what an order of magnitude is? What are we doing here?

Speaker 8

Wait till you hear about the saffron latte?

Speaker 1

Oh god, what a disaster.

Speaker 8

Oh yeah, so.

Speaker 9

They don't have enough money to pay us a living wage. But from January until April of this year, we were serving a saffron vanilla latte with and I kid you, not real saffron, both in a syrup and also and a powdered Yeah no, no kidding. It tasted like Plato. I kind of like that, but not everybody does, apparently, you know.

Speaker 6

The first time, this is the first time I've ever said this in my entire life, But I sincerely hope that they were buying the fucking cheap fakes stuff real saffron. Oh god, well, to be fair, to be fair, a lot of something people think is real saffron probably is fake. So maybe maybe the scammers were getting something out of this.

Speaker 8

But dear God, that doesn't make them look good.

Speaker 9

But yeah, no, real, somebody who's good with the economy helped me out here. You know, three thousand dollars a week for Saffron and eighteen dollars an hour for Bereiza's.

Speaker 3

God, that's gonna like haunt me in my dreams. So what order are gonna ask? How much should that cost? Eight Jesus Christ.

Speaker 8

Oh no, but not enough money to pay us a living wage.

Speaker 6

No, that's o no, no, that is that is that is Jenny widely disgusting.

Speaker 10

Like how you know, when you think about it, we can like buy a little over two of them every hour we work.

Speaker 3

So like that's all we need.

Speaker 6

Yeah, yeah, that's also got to be like a kind of radicalizing moment of oh my god, yeah, and here our time is worth so little to these people.

Speaker 7

This is actually one of the biggest conversations I would have with my cocher is that I had to stop having so it make them incredibly upset. Was I would break down the mouth of them. I'd be like, you can make a latte in about a minute, two minutes, like, and those lattes are seven dollars. You make seventeen an hour, make three lattes, and that's more than your hourly wage, and you're making what one hundred of those an hour

in a rush. Like people would get really upset when you're confronted with like the oh wow, the money coming in and then the money.

Speaker 2

That I'm receiving. It'll drive you crazy.

Speaker 3

Yeah, And I think, I don't know.

Speaker 6

That's one of these things where I think in a lot of industries it's kind of that kind of value thing is abstracted because like I don't know, Like you're, like I just talked about it like an accountant earlier, right, Like you're an accountant, you have no idea how much of well, I guess maybe an accountant would know exactly about a value like that.

Speaker 3

Okay, I don't know.

Speaker 6

You work in like you work in a factory that produces an auto part, right, like one thing that goes into an assembly of an auto parts, Like you have no like there's no good way for you to like actually understand this sort of value.

Speaker 3

Things.

Speaker 6

You can get kind of close, but I think it's less visceral than just yeah, this is an item of food that I'm watching all of these people like consume that I'm making, and it's like, yeah, sure, obviously there's like you know, like back down the value chain, there's also probably like Nessley doing like slave labor, like child

slave labor to get chocolate or something. Right, But I don't know, there's this there's something really kind of just viscerally horrifying about like I've produced eight hundred dollars of coffee and they're paying me eighteen dollars. Yeah, so speaking of eight hundred dollars of coffee, this show.

Speaker 3

Actually, I don't think.

Speaker 6

We've ever gotten the coffee ad, which is sort of remarkable. You'd think at some point, I.

Speaker 9

Don't know, I don't dream really funny, you know, if if on the ad that we're about to go to, it's you know, like the Black Rifle Coffee Company or some shit.

Speaker 6

Oh god, wait no, I think I think one of the I think one of the insane. It might have been the other one. So there's like Black Rifle Coffee, which is the right wing coffee thing. But then they they condemned Kyle Rittenhouse murdering all those people, and so then there became a second to even more anti woe coffee shop that was even shittier. I think those people might legitimately have tried to sell an ad to our show.

Speaker 3

At one point we were like.

Speaker 6

No, what the fuck, that's why there's we had so many insane ads. We had the famously the Washington Highway Patrol put one on here. So let's let's hope you have a reasonable ad instead of that, and we are back. Luckily this is podcasting or not regulated like radio, so I could just fucking say, shit, it's great. We love we love, we love to be we love to be in podcasting. So yeah, this, this brings us in no particular bye by by no particular rhyme of reason.

Speaker 3

This brings us to a neoxt.

Speaker 6

Thing I wanted to sort of talk about, which is about the decision to go independent and about independent unions versus sort of the traditional business unions that have been trying to run a lot of these campaigns. So yeah, I guess wherever you want to start in that whole sort of thickets of issues.

Speaker 7

Yeah, the decision to go independent was maybe eight months into our campaign. We didivo to go independent. We were, you know, kind of we had not a with anyone. We some weird stuff that happened with some previous business unions and so we're kind of an shopping around phase, and I like good friend of the union and someone who has helped us incredibly throughout the campaign, said hey,

can I pitch you guys on going independent? Like and at that time, I mean, I can't speak for the other folks, Like I did not know anything about independent unions. This campaign has also been an incredible like learning process

for me. And so you know, we talked about a little bit of like, hey, unions, everything that a union does, workers can do and really like trying to like instill this like we can do it ourselves because I think that like, for me, like the dream of independent unionism is like the having autonomy and control of our lives both in the workplace and in our unions at like as workers. And so you know this idea of like

oh yeah, this the the union just takes care of it. Oh, you pay dues and this stafford does all these things for you. But when you know, when we filed our petition, you know I filled that out, it's not that hard. You know, there are so many things where it's like oh, yeah, the union will take care of it, or oh this is what does pay for like, oh, we can have a lawyer look at it. At no part of this process was there really anything that workers could not have done.

Did we seek legal advice? Absolutely? Did we have people help us out who maybe knew more than I did. Yes, But that isn't to say that we were not learning the entire time. So to me, that's like the big ethos of independent unionism of like learning it, doing it, teaching others. I think it has been an incredible opportunity.

I think also like we really are committed to like rank and file democracy and so having workers have a say in all major decisions, especially like now that we have had our election, we're moving into bargaining hopefully soon, Like being able to have workers submit proposals, have workers look and do open bargaining, have them look at every at the contract at every step of the way, and

things like this, having people participate in their unions. I mean, I think that we are in a time of like the revitalization of the labor movement, and I don't want workers to get left behind in that. Like I think that we, you know, like we are the labor and so being able to control our unions and lead them in the ways that we want to as democratically as we can.

Speaker 2

To me, it's been what it's all about. Did that mean that it was an easy campaign. No, it was a lot of work. It was a lot of.

Speaker 7

Work that maybe a paid staff or would have done, but we did it ourselves and it took longer, and it took a lot of education as well of explaining to my coworkers of like, hey, we want to form a union and it's not just this thing that kind of happens to you, Like, actually, you have to make it happen now if you want to do it. So I think that for us the choice to go in dependent independent has like only reaped benefits so far.

Speaker 2

It's been this wonderful thing.

Speaker 7

I think that we are all much better for it and much closer like as co workers. I think that people are more excited about their union. But it certainly, you know, it took a lot of work, It took a lot of time. It took a lot of trust from our coworkers as well.

Speaker 9

Yeah, I mean, one of the most formative experiences that has stuck with me, and I think I might have mentioned this in the interview before the interview was when

we were shopping around with business unions. Rocky and I had sat down with somebody from a fairly large one, and we're trying to ask all of these questions about, you know, would we be able to have rank and file control of our own campaign, would we be able to you know, legitimately examine unconventional tactics for launching or sustaining our campaign, you know, what is the actual process for requesting finances from the larger affiliate if we needed it,

And more or less, what we were told by this staffer was that none of this would be in the hands of rank and file, and it would either be determined by what this particular staffer thought was best or you know, they would have to get approval from you know, whoever was above them, which, despite the fact that this person was within the reform caucus of their union, did not strike them as being anti democratic at all.

Speaker 3

Yeah.

Speaker 9

Yeah, And at that point, I mean, you know, we'd been talking to our co workers for months at that point, you know, hanging out with them, becoming building community, and it didn't seem like there was really anything that you know, a larger business union would have had to offer to

begin with. In fact, in my own experience, the idea of affiliation has more or less come across as an implicit threat of how else are you going to take on Nesley without all of the money and resources that we have but won't let you use anyways.

Speaker 3

Yeah, which is like not a thing.

Speaker 6

I don't know, if you've gotten to the point where your union is threatening you, and this is something that like happens more than you'd think, Like, you know, but listeners of this show may or may not have listened to some previous episodes talking to some of the reformed nurses slates that we've we've had on this show.

Speaker 3

Where that's happened.

Speaker 6

But if your union is threatening to you, something has gone very badly wrong, and you're probably you're in a position where you're probably going to be having to fight yourself out of a deep hole. And one way you can avoid getting in there in the first place is by not digging the hole and building something yourself.

Speaker 9

Yeah, exactly, And I mean, you know, one of the things that we heard a lot about at Labor Notes two weeks ago at this point was people within larger unions talking about how to fight off staffers or bureaucrats and I'm personally very glad that we are not in that fight ourselves because we have Nestlie to take care of.

Speaker 6

Now. Yeah, yeah, the sort of two way fight between your boss and then also and staffers is not a thing that usually goes well for you.

Speaker 3

It's a bad situation to be it. I would recommend of waiting it.

Speaker 2

Yeah.

Speaker 6

Yeah, So I guess the next thing that I'm sort of interested in is, you know, so you talked a bit about how sort of being an independent union like made the union closer. How else did that influence how the campaign went? And how is like how how has it been going in the past, Like, I know, I know you won your election. I mean, they're right, yeah, it was it was an election with sorry it has been this is This has been the most chaotic two weeks I've had in several years.

Speaker 9

So, I mean, it's just like Lennon said, there are years when you fuck around and weeks where you find out. I'm gonna get so much shit for that comment now, anyways.

Speaker 3

Cool Zobebia is not endorsed. Letting made two good lines.

Speaker 9

I promise I only said it for the joke. Yeah, our campaign started April third. There are six stores in the Greater Boston area, with roughly sixty seven sixty five workers across all of them.

Speaker 8

On April third, fifty.

Speaker 9

Workers from five of those stores handed cards like union authorization cards to management, announcing our campaign, our union, and asking for voluntary recognition by noon on April eighth. Management accepted the cards, but then did not recognize the union voluntarily by newon April eighth, and instead they put up a flyer in the back of the house of all the cafes saying that they would respect the outcome of an election, at which point, yeah, they didn't even publicly

acknowledge us. So at that point, across five of the six stores, we had a walk out on the eighth, and then that same day went downtown to file for an election with the NLRB, which despite the fact that we called them a week in advance to be like, is it okay if a lot of people show up kind of spontaneously to file for an election, And despite the fact that the person in the office said, yeah, it's fine as so long as like less than one hundred and you don't have like a sound stage or

anything you got to set up, and if you do get a permit. Once we walked up to the office, at least four DHS cop cars like a sump in front of us, and they would only let Rocky go into the office to file for our election while being escorted by a DHS agent the entire times.

Speaker 6

You know, sometimes you get just these this is something that's been happening, so like, well, I have no idea when this episode is gonna go. This is being recorded in the middle of the protest. Like literally today, seventy year old professors are getting dragged out of like protests by cops, and like this is one of these moments where when things actually happenet these really visceral demonstrations of

like what the society you actually live in is. And I don't think there's like a more perfect demonstration of the National Labor Relations Boards sometimes will help you, but also also is very clearly a bureaucratic mechanism of a police state.

Speaker 3

Then the cops show up and only one of you can go talk to the n l R and P person escorted by police. That is wild.

Speaker 10

Yeah.

Speaker 9

It was also the same day as the solar eclipse. Oh my god, it was a very magic day. Yeah, nothing was more enchanting than the fact that we got to watch the eclipse when we otherwise would have had to have been at work at rules.

Speaker 6

Yeah, yeah, I get I guess. I guess that's another way to get to get turnout for a walk out. It's like, hey, look we're gonna do a walk and also you could go see the eclipse instead of serving rich people coffee.

Speaker 3

And it worked. Hell yeah.

Speaker 2

Yeah. But all that is to say, I think being independent lets us do fun and creative things.

Speaker 5

Yeah.

Speaker 8

Yeah, thank you for remembering what the actual question was.

Speaker 7

Like, I think we're allowed to be a little silly with it, and we're allowed to have fun, and we're allowed to come up with ideas that maybe.

Speaker 3

Other like haters would shoot down.

Speaker 7

But when me and my cocher say yeah that would be cool and fun, we just get to do it and there's like joy and creativity and all of it.

Speaker 6

Yeah yeah, So I guess you know, do you have anything else that you want to make sure we get you before we sort of wrap things up.

Speaker 2

Yeah. So.

Speaker 9

I mean, as much as we've talked about a lot of the benefits of independent unionism, one of the downsides is that we have no money, and if people would be so gracious as to give us some of their money. You can go to link t R dot e E slash Blue Bottle Union so link tree slash Blue Bottle Union,

where there'll be a link to our GoFundMe. I'll also say that since we don't have staffers, our overhead is incredibly low and this will once again allows us to you know, actually do cool and fun things like we were able to pay everybody that did the walkout because we were able to raise enough money in the in between from April third to eighth, which was incredible.

Speaker 10

I have like some personal stuff when it comes to like filing independent and talking with a lot of people that I know, I feel like it actually helped the fact that we were independent because you know, there was none of that background, oh unions. You know that there's this big influence when it comes to like unions and like big scary unions taking all your money through union dues and YadA YadA. But you know, with filing independent, you know we can just be like, actually, we don't

have to worry about anything like that. We set union dues democratically and like and so it's just been like really helpful for when we were getting organized and everything. Just relaying that idea to coworkers, to family, friends and everyone just kind of like helps them be like, oh that makes sense.

Speaker 4

Yeah.

Speaker 9

I mean the old like you know, anti union talking point of like you know, there being an outside organization really falls flat with an independent union because it really

is just you and all of your friends. And then on top of that, it also means that management hasn't known how to respond to us, because in the week leading up to our election, which we won thirty eight to four this past Friday, May third, Yeah, they put out like three or four different flyers, one talking about business unions that have signed management's rights clauses in the most fucking like I'm not owned.

Speaker 6

I'm not owned.

Speaker 8

I'm still going to get my mentionmans rights claus like ever.

Speaker 9

And then also another flyer about union dues and examples of business unions that you know, to anybody that doesn't know anything about unism, would seem high.

Speaker 2

Yeah.

Speaker 9

They also, in a letter that they sent out to all of us the night before our election, talked complained about us seeking external assistance, and all of this just completely falls flat because you know, it's literally we've done this mostly by like having pot lucks together to talk about all of our issues at work and or like movie nights or some shit, and it's much tougher to convince people to vote against the person that they're on the floor with eight hours a day.

Speaker 10

Yeah, the overall like way that these papers were received is has been like met with kind of like a lot of skull emojis in group chats and like just kind of like generally making fun of the whole thing. And I think that like that's been really good for morale as well, because like, you know, it's just not getting to us. It's goofy and like just doesn't work.

So and also the way that they've been handing these flyers out, I don't know about like other cafes, but at mine specifically, it's been kind of awkward, like haha, cover my eyes, here's this flyer that I have to hand you kind of thing, and it's just like okay, yeah.

Speaker 6

Yeah, it really seems like it is something, you know, Okay, Diffinitely I'm I'm I'm not I'm not going to do my tangent about the infiltration of political parties.

Speaker 9

But yeah, I mean, really political cults within the Greater Boston area continuously subvert and undermine union elections are not just elections, but campaigns as well. I won't name examples because these same cults are also incredibly vindictive and they will try to dox me.

Speaker 8

But this is also the implicit threat.

Speaker 9

That you know, like if you know, they can't turn a union into their own stupid vanguard, then they will try and push through something that rank and file don't want and try and undermine or tank the campaign.

Speaker 6

Yeah, and that's that's something I think like to take it to okay, so to take a little step back. So yeah, one of the things that's very common in union in sort of like local union spaces is there will be like there'll be like a local of a union or like maybe sometimes its own union that's just run by a cult, and these sort of like these sort of like I don't know, sometimes you're Stalinis and under Trotskyites sometimes, like it depends, the ideology changes to

some extent. But because because of like the you know, the because because you can run like a staff union with like five people, right, this is this is a pretty good way for them to sort of like like you know, gain something that looks like political power, and like it's a way for them to bring other people who don't know what's going on into like the influencers of their organization, and they this can get really bad and really dangerous, at least the stuff you're talking about where, yeah,

they start trying to sabotage campaigns because they're not you know, like these groups aren't actually in this for you know, like they're not they're not in this for class struggles. But whatever they you know, will say about it, they're they're in this specifically to expand the influence of their own party. And you know, when you try to like actually do your own thing, this stuff happens.

Speaker 8

Yeah, one hundred percent.

Speaker 9

It's also really telling that despite the fact that you know, some of these groups are like known for undermining campaigns in this way, or for harassing staffers that you know, don't play ball with them or whatever, that they continue to do the entriest thing.

Speaker 2

Yeah.

Speaker 8

Yeah, I don't have.

Speaker 9

Any good ideas for how to subvert that, but I'm sure dear listeners will send me many of them.

Speaker 3

Yeah.

Speaker 6

I think also at some point we're gonna do the micro We're gonna do the micro sect episode Micro to the to like introduce people to the basics of like, hey, you are like the range of tiny political parties in the US that are actually cults that show up at

protests all the time. So yeah, maybe maybe maybe that will help too, because I think a lot of it is people just you know, they're you run into like the World Workers Party, and like, you don't know that this party is a weird cult, right, They're just sort of talking about workers stuff. Yeah, so I think education will help with it too, but the bureaucratic maneuvering stuff is like the only thing they're good at because they're all these like weird micro party formations.

Speaker 2

So I don't know.

Speaker 9

Yeah, er, I only way that I think might help is you know, horizontalizing the structure somewhat, but then you still run into like the issue of like social capital within that structure. So if you know, somebody is savvy enough, they can still indoctrinate people into a silly cult.

Speaker 2

Yeah.

Speaker 6

I mean, I don't know, that's that's just something that you're gonna have to I mean, and we should also mention too, like these thing these groups like they work with larger unions too sometimes, Like so one of the most famous examples of this is Pride at Work, which is a really big afl CIO thing, but it's also jointly run with the Party of Socialism Liberation, which is another one of these cults because of a bunch of like long running actions even though like a bunch of

their really senior staffers unbelief to be transphobic, and you know, there's there's a whole thing there. But yeah, this is something that is not just a problem with independent unions and not just a problem with sort of like random locals. It can and does get into actual like national unions. On the other hand, one way to avoid this is to in fact organize your own union and don't let them be.

Speaker 9

So this is actually something that we've thought conscious about with our own union is that on the we sent out a community support forum for people that wanted to show up the data, we announced our campaign, and on the form specifically, we made people tick a box saying that they wouldn't endorse or try to fly or for or otherwise promote any group that they might have affiliation with, including political parties or you know, otherwise organizations that are not you know, our specific union.

Speaker 8

And so far that's worked.

Speaker 7

Oh yeah, I would also say like in our constitution by laws. I don't know if that if it's in the current ones and we're revising them soon anyways. But it's a conversation that we've had before also, like people in like keyboard positions, what, yeah, what kind of affiliations can they have to outside political parties?

Speaker 2

Like where where are we drawing the line on that? Like that's something that I think we also considered very early on as well for people in the union.

Speaker 6

Yeah, and I think there's another aspec they're too, which is like another thing that can happen to your union is that it gets eaten by the Democratic Party machine.

And that's happened to I mean, like this is this is a lot of how like these giant business unions became business unions, is they became basically these like lobbying firms on behalf of like whatever random like local democratic machine is running, Like this happens to Chicago, Like all the time you get these like just like the most important machine like candidates you've ever seen come out of the Democratic Party who are like guys who are like

so comically corrupt that like you know, you're They're like walking down the street and like like bundles of cash are falling out of the suitcases and they're getting endorsed by like the team stars, and it's like, well, you know.

Speaker 3

Okay, I wonder, I wonder what happened there? Legally legally legally conjecture, but.

Speaker 9

You know, who's to say, really, yeah, you know, it just so happens that they have these large briefcases full of cash. Nobody can really say where the cash materialized.

Speaker 6

Yeah, but amazingly I was actually get to go on a different ranch, but political parties. So I'm going to circle back to there to close this out. Which is one of the nice things about independent unions is that you know, it's something they all three of you were started getting at, which is that, like employers have been fighting these sort of large corporate unions business unions for

like one hundred years now, right. They know how they operate, they know how their campaigns work, they know what levers

to push against them. On the other hand, they have not been fighting you specifically, random listener of this show, and you, specifically random listener of this show, and your coworkers can do things to surprise them and can do things in ways that they don't understand, and you know, you have we have a moment like right now, Like in like five years, they'll probably have worked out a

bunch of stuff about how to break independent unions. But right now, like literally right now, we have a we have a master strategic advantage because their playbook wasn't written to deal with people who are running these sort of like very low to the ground, very agile, very nimble, very sort of like you know, these spontaneous and creative campaigns, and you can use that to beat the crap out

of your boss and get more money from them. So this is the BA endorsement of doing doing fun things with unions.

Speaker 3

That your bosses don't expect.

Speaker 6

Hell yeah, Yeah. So I think unless there's anything else where where else can people find you, We'll have a link to your link tree in the description. Is there anywhere else like social media stuff where people can find the union?

Speaker 2

Yeah?

Speaker 7

Our social media for Twitter and Instagram is BBI Union and then on TikTok, I believe it is BBIU sixteen.

Speaker 2

Cool.

Speaker 6

We will have that in the description too. Yeah, and thank you all so much for coming on. And yeah, make make NESTLEI bleed for us.

Speaker 8

Yeah, thanks so much for having us. We can't say how much we appreciate it.

Speaker 2

Yeah, I think you, of course.

Speaker 6

And yeah, this has been taken happened here. You can find us in the usual places. And yeah, you too can also go start your own union and make your bosses suffer.

Speaker 1

Welcome to it could happen here. I'm Robert Evans, and this is a podcast about things falling apart. This week, the thing falling apart was my bedroom. Allow me to explain, three years or so ago, I was finally able to buy a house or at least, you know, get a mortgage. This allowed me to achieve a very stupid lifelong dream, which was to finally own a waterbed. I know you're wondering what all of this has to do with solar power, and I swear there will be an answer to that question.

I also want to make it clear upfront that this is not an ad. Some of the equipment I tested was provided for free as review units, some of it was purchased with my own money, and some with company money. I'll try to make it pretty clear at each point, but I promise it doesn't matter ari my opinions on any specific product. No one paid us in any way for their inclusion in this episode. Anyway, back to my stupid waterbed. The first thing to know about waterbeds is

that they are surprisingly cheap. They cost about as much as an equivalent sized mattress. Knew, so not cheap, but the one I bought costs the same as any delivery mattress sold for, and cheaper than some of them. The reason that most people can't afford a waterbed isn't the actual cost of the bed itself. It's that landlords are terrified of the things, and so you can't get one

if you don't own your own home. In case you're curious, my desire to own a waterbed is entirely the result of the fact that, as a small child, my aunt and uncle fell upon hard times and had to live with us for a while. Then for another while they lived elsewhere, but their stuff stayed with us. That stuff included a waterbed, and for a few glorious months it was my waterbed. I have craved the insane high of

waterbed ownership ever since. For three perfect years. Then I slept in wavy comfort until about two days before I wrote this episode. My bed sprang a pinhole leak. I don't know how you might guess a cat, but the actual bladder that contains the water is inside and underneath a very thick, padded frame that cat claws can't really puncture. I should also note that the bladder sits inside a vinyl sort of soft cage, so that when it sprang a leak, it got some of my sheets wet, but

it did not cause damage to my home anyway. Because waterbeds are the kind of product that only an insane manchild would dare to own, fixing a hole in one is not the same as performing maintenance on your regular mattress, because the kinds of beds that reasonable people own don't spring leaks. To patch the leak, then I had to purchase a patch kit. But you can't apply a patch kit to what is effectively a soft bladder filled with

roughly a metric ton of water. I did do the bare minimum of research here, and king sized waterbeds weigh around two thousand pounds. Now that's not all water weight, but it is basically all water weight. I bring this up because I'm proud of myself for guessing right. So to apply the patch we had to first drain the bed, which necessitated attaching a hose to one of the spigots

through which we had originally filled the bed. Because of the layout of my home and the ground outside of the window where we intended to pour the water, we couldn't get the hosts started without assistance, the kind of assistance that you would say, need to suck gasoline free if a stranger's truck were you hard up for fuel money. Thankfully, my roommate had a wet back which we were able to hook up to the hose, but how to power

the wetback well. We could have run an extra long extension cord, but mine were all in use for various insane projects around the farm, and instead I opted to wheel out the solar generator that I had filled with the beneficence of the Sun God Raw just a couple of days earlier. The generator was one of two similar products I tested for this episode, a Jackery SG two thousand plus, which had been sent to me by the

good people at Jackery in previous weeks. I'd tested it by powering my deep freeze and a refer refrigerator, and in case you're wondering with the panels outside in the sun. I got a little over a day before things ran dry on my refrigerator. If I'd had the panels in a better position, I could have had longer and the deep freeze it would have been able to power essentially indefinitely,

because deep freezes are actually insanely efficient machines. I also used it to run a heat gun for my friend's art project, which is about as intense a test of output as you can run a battery through short of powering your home, and it handles that. In terms of specs, this battery is part of a more modular system that you could wire in to power your home or off grid setup. You can actually attach this to your breaker.

It has a maximum output of six thousand watts in parallel connection and one twenty to two forty expandable voltage. For a rough idea of what that means, it can power most household electronics and even power tools for a while. You'd get about one and a half hours of running a home as unit, and more like two two and a half. You know, with a portable unit or a window unit, you could charge this thing too full in

two hours with good sunlight. If you had six two hundred watt panels attached in perfect sunlight, which is another three thousand or so dollars in panels. But that's not an insignificant thing to be able to do, mind you, that would mean just running your ac most of the day and nothing else. Neither of these are cheap products. In Jackery's case, the battery itself runs about two thousand dollars. I understand that's out of reach, perhaps wildly so for

a lot of people. We will be talking about cheaper options at the end, but it is an unavoidable fact that unless you are a skilled electrician and scavenger, setting up substantial solar systems costs money period. Jackery actually represents one of the more affordable options for a plug and play home backup system that is also portable, i e. Can be taken camping or hauled away with your shit

during an evacuation. I should note that you can connect the Jackery SG two thousand plus directly to your breaker, and also connect the battery to other similar Jackery battery generators to g additional capacity and output from it. I tested another solar gener radar system for this episode, the Geniverse Home Power O two, which was provided to me by Genniverse. Both the Genniverse and Jackery systems are similar enough that they can use each other's solar panels and

operate in basically the same manner. Jackery's product is cheaper. Other reviews I've read suggests the Geniverse system might be more robust, lasting longer over time. It is certainly heavier and thus has a higher capacity around twenty four hundred watt hours as opposed to a little over two thousand for the Jackery system. Both of these can be the basis of an off grid or full backup power system for your home, and we'll be talking about home off

grid power in future episodes. I want to make clear upfront that what I'm advising you on today is the quality and utility of different solar generator battery products for emergency power. So let's talk about what emergency means. The primary emergency you might encounter that a battery solar setup would help with is a power outage at your home. In that case, you have a couple of immediate and

real life needs. I will list these from most basic and easy cheapest to fill to most expensive and difficult to meet. Number one would be to keep your devices and stuff like flashlights that are chargeable topped off so you can keep in contact with your community and stay aware of breaking news on whatever emergency you happen to be in. Being able to entertain yourself with books and movies does, in my view, count as one purpose for

these systems and an emergency, because morale ain't nothing. Number two is being able to run emergency cooling devices, starting with fans and terminating and stuff like window AC units or even portable camping AC units. Number three is being able to keep a fridge going so your food doesn't spoil.

If you're prepping for disaster, you should have storable food, anything from freeze dried stuff to beans and rits, etc. But losing all of your shit in an outage is expensive and annoying, and it's nice to be able to avoid. The Most achievable of these systems for a person of normal income is number one, and if you have disposable income at all, you can afford some sort of emergency solars set up to keep your phone or laptop and rechargeable lights going. There are a wide variety of battery

packs that have solar panels built into them. I have tried a lot of these over the years, and I have never once been happy with the quality, either of their ability to charge in the sun or to last over time. The system that I currently take with me on trips is made by a company called Goal zero, who produce a variety of solar battery and charger products.

I purchase for myself a Nomad thirteen solar panels set, which folds into something that approximates the size of a trapper keeper set you had as a kid in school. I've had this for years. I take it with me on every flight as my carry on. I have it and two batteries, which are different incarnations of Goal Zero's Schirpa one hundred on me wherever I go. The Sriper one hundred has a little three prong outlet you can charge basically any laptop on it. You could even do

like emergency power for a computer. I think with it this and one battery would allow me to keep my phone going for emergency purposes indefinitely. Two batteries and shars, I'm able to travel with roughly three or four working days of power for my laptop and phone wherever I go, and that's without me actually trying to recharge them using the panels. You can find various years of this battery model on Amazon or at other retailers, from two hundred

dollars on up. The latest model retails for three hundred dollars off Goal Zero's website. These batteries are TSA approved, as are the panels. I have never had an issue flying with them. Obviously in different countries, your experience may vary, but I've taken these things to most parts of the world,

and again I haven't had an issue. They have varying sizes, but the Nomad one hundred, which is one hundred watt hours, runs about three hundred bucks, So you're looking at five or six hundred dollars for this traveling setup, which is also great to keep in your home and just have less a bit. You know, if you find used versions on eBay or wherever, which is often possible, that's not

an insignificant cost. But if you're building an emergency kit over time, most people are capable of bearing that cost again over time. You could just start with the battery, which is the most initially useful part of the kit, and then you could get a panel set six months or whatever.

Speaker 11

A year later.

Speaker 1

And this brings me to what I'm talking about quantifiably when I discuss a disaster and what you actually need when we're talking about emergency power in a disaster. It is uncommon for the average US consumer to lose power for more than an hour or two at a time. In twenty eighteen, most consumers lost less than two hours of power per year without quote major events. With major events, that number leaped to six hours per person per year on average. In twenty seventeen, it was closer to eight.

As we deal with more climate change, more natural disasters, all of these things are going to become inevitably more common. These are also all averages of huge numbers of people in huge areas of terrain. I will guess that the percentage of people listening to this who have as adults lost power for a day or more at a time

is very close to one hundred percent. Now, given the averages, you might consider just perching battery power units without sol panels, because in most instances, what you're trying to do is ensure that if your phone is dead and there's a bad storm and you know you run out of power by the time you get home, a two or three hour outage doesn't leave you unable to contact your people

or emergency services. I have a fuckload of different portable batteries because I try to keep enough on my work bag wherever I go to function in my job for most of a week without power when I go on trips. This kind of preparation has stood me in good stead in places like Syria, Iraq and the desperate wilds of Seattle that one time. But if you're not going to such terrifying hellscapes, you can probably get a suitable battery

that's reasonably tough for under one hundred dollars. And we will continue talking about batteries and talking about you know, next kind of home solutions and eventually cheap solutions. But you know what's not cheap is the products and services that support this podcast. Affordable but not cheap. Anyway, here's

these ads. We're back and we're talking thinking about portable batteries, right And my only note here is that if you're buying portable batteries, you know, stuff not necessarily to run on solar, just to have some extra juice with you wherever you'd go to keep it home in an emergency.

These fluctuate wildly in quality, and when it comes to disaster kit to something that you need to work in an emergency, it can be worth going with a brand that is a known quantity with a long record and a lot of testing done on their products, rather than whatever the Amazon algorithm spits out when you Google battery.

The advantage of a small portable folding setup like the one I have from Goal zero is that you can take it with you and have it on demand if shit happens when you're traveling, or if you have to evacuate and it's idiot proof right. A good option if you just want something in your home to keep your devices topped off, is what I'd call a large small

battery generator. These are a couple of steps below products like the Jaggery two thousand to the Geniverse that I tried, but above the handheld little batteries that many of you have already. The two examples of this product category that I have and have tested are the Yeti four hundred from Goal zero and the anchor a n Ker Solix

Solix C eight hundred. The Yeti four hundred is the product I purchased with my own money and It's what I've taken with me for years into the mountains when I go shooting or hunting, usually with a set of folding panels. This ensures that if my car dies and I've been dumb enough to let my jumper box that I keep with me die, I have a backup that I can use to charge my jumper box. I also have a convenient way to top off my phone or my E reader or my sat phone, both for normal

use and in an emergency. It handles extreme cold and extreme heat well, and that's not always something you can take for granted with batteries. Again, kind of top of the list is that I am an idiot. I don't know much about electricity, and these products are pretty idiot proof. When it comes to my YETI four hundred or the C eight hundred from Anchor, I keep them both plugged into the wall at all times that I can grab

either for an emergency. Now, the Solix C eight hundred that I have was sent to me as a review by Solix, and by necessity, I have not been able to subject it to the years of rigorous real life testing that my Goal zero YETI four hundred has endured.

I will note that it is well reviewed, and from the exploration I have done on it, which does not include years of testing but does include a decent amount of reading and some testing, I think it's better constructed and more conveniently laid out in the goal zero, and it also gets you about twice the storage nearly eight hundred watt hours as opposed to a bit over four hundred. Both products cost the same price around six hundred dollars,

although older generations are often available cheaper online. New and used. Either is enough to keep a family of Force phones charged for a two or three day outage without severe rationing. You can get a lot more obviously on the anchor, and you might not want to have someone like gaming on an alien ware laptop or whatever with either, but you can charge your laptops and the like off of them. If you want to watch a movie at the end of the night, you're all huddled together there in the dark.

That's not going to be something you have to stress out about too much. Again, theoncre solex is going toe you a lot more juice to play around with, but either should be enough for an average outage if you just keep them plugged in. You can also use them to power a fan during the day. They will not run small AC units. These are worth considering as an

intermediate option for the more casual prepper. What you're looking for here is not a full off grid replacement, but something that can provide you with options from more than just basic gadget power. With these big, small batteries, you can run a fan or fans, maybe not long enough for comfort, but in bursts throughout the day to get you through the hottest part of the day during a blackout, during what we call a wet bulb event. This would be the life saving health emergency that a basic solar

setup would be most useful in saving you from. For context in case people aren't up to date, a wet bulb event is a weather situation in which the temperature reaches a critical level above eighty eight degrees fahrenheit and does not drop below that point for an extended period of time. If people lack access to effective cooling during

heating events like this, they will die. We saw one of these hit a couple of years ago where I live in Portland, Oregon, which has been long famed for its mild temperatures and thus most homes lack central air. During a three day heat wave, temperatures rose to record highs and did not drop low enough at night to allow people any recovery time. More than one hundred of

them died. This kind of thing is possible anywhere. If you have central air standard where you live, the grid can always go down, as we've seen happen in Texas over and over again. For someone with money, your best bet might be pairing a portable air conditioner like the Idea Duo, which ranges from five hundred to six hundred dollars on Amazon, with something like the Jackery SG two thousand plus, which with panels and a good sunlight, would allow you to run it during the day at least

in a single room. As an aside, this is actually a case in which someone with a window unit is at more of an advantage than someone with central air.

You can connect your jaggery directly to the breaker, but without expansion batteries, it's not going to run a whole home long, so you'd want to unplug everything and turn off the lights, running your AC in short bursts, and maintaining discipline with your doors at windows, ideally putting up foil or at least cardboard over the windows to maximize efficiency.

If you're just being able to run a fan because you've got a smaller unit, you're probably looking at something like, you know, getting towels and rags wet, putting them over people's chests and faces, and kind of getting directly under the fan for the periods of time that you can afford to run it. Again, we are not talking about the most ideal comfort situations here, we are talking survival.

The limitations I found for are generally twofold. One is that even with good sunlight, folding panels like the ones Jackerie and Jennifer ship me don't always hit their advertised wattage. This is because you've got to deal with a lot of other factors, the movement of the sun throughout the day, where shadows fall in your home or property, your access to the roof, how clean the panels are, and under normal use conditions, it is surprisingly easy to get stuff

on them. On a sunny spring day in Oregon, I found my two hundred wat Jackery panels tended to get one hundred and twenty two one hundred and fifty watts during the most optimal parts of the day. I was able to plug the Jackery panels into the Geniverse generator and vice versa, and I found that Jackerre's panels generally performed ten to fifteen percent better during real life conditions. I looked it up and on paper, the Genniverse has a solar cell efficiency or EFF rating of about twenty

three point four percent. Jackery beats them by one percent with an EFF rating of twenty four point three. That is not enough of a difference to matter too much, although I should know that what I saw in real life use was a notable difference. You may experience something different with these panels, with any panels that you get. I can't claim to have tested anything but the ones

that they shipped me. The Jackery Explorer two hundred plus is capable of taking fourteen hundred botts of input max, which would be seven sets of panels, although from what the manual says, it can take up to six solar Saga eighty panels to their two hundred wade panels under

normal conditions. You can expand all this with added Explorer two thousands running in tandem and up to twelve solar Saga eighties on a single generator but doing that requires some wonky shit with cables, and at that point we're talking about a system beyond what most people are likely to want or need. When it comes to durability, I suspect that both the Jackerie and Genniverse are probably close and functioning. Online reviews give both systems good user reliability ratings.

In real world conditions, I had the opportunity to do something that you never want to do in real life with the device you've paid for, which was work one of these systems to death. It shows the Genniverse and the torture test I used basically involved keeping it outside, charging and providing power at a fairly low trickle for twelve days of intermittent rain and wind in the Pacific

Northwest late winter. We got about two inches of rain during this time, and that was enough to eventually kill the generator, but it took close to two weeks of downright irresponsible treatment. We are talking the kind of neglect you would not subject a product like this too without no other option. In subsequent tests with the Jaggery, I've been able to keep it operating outdoors in bad weather without damage through taking minimal measures to shield the generator.

The least I did was stick a plastic home depot crate lid above it, literally at it down on top of the unit to stop water from just hitting the ports on the sides and back directly. The most elaborate protective set up outdoors was a simple tarp cover and making sure it was elevated a bit above the ground.

When it comes to which of these systems would be best for you, the primary difference between the Giniverse and the Jackery is that the Ginniverse is higher capacity twenty four hundred nineteen watt hours as opposed to a little over twenty forty two for the Jackery. This means that without input, you can run a normal fridge off the Giniverse for about six hours, and goodsn you can recharge it fully in eight hours with two Geniverse solar powered

two panels. The Jackery system will recharge in a similar timeframe under optimal conditions and give you a bit less usable power. It has the benefit of being almost twenty pounds lighter and significantly friendlier in design. For reasons that elude explanation, the Giniverse lacks a telescoping handle or wheels to help you maneuver it. Into or out of position.

This sucks because it's heavy, and if it's not wired into your breaker and you're using this for an emergency, you might need to move it around so that you can have the panels in different positions to take advantage of the sun. This also makes the geniverse less useful than the Jaggery in normal daily life tasks. I started this episode with a rather ridiculous story about my waterbed, but I've actually found quite a few tasks at which having a weeelable battery capable of this kind of output

is handy. Basically, any power tool that you are likely to own will run off of either of these systems, but only the Jaggery is friendly enough to want to move around outdoors to take advantage of this fact. And this kind of gets us to the crux of a question some of you have been asking this whole episode, how practical are any of these solutions. My answer is complicated,

but I think fair. If you can't or aren't going to expend the energy to become competent with solar power to the extent that someone living off grid would generally want to be, these are exceptional solutions so long as you can afford them. In both cases, you're looking at around three thousand dollars for a setup that could power anything in your home and would handle all necessary tasks for law longer than the length of an average blackout.

The Jackerree and Geniverse systems are also future capable. You can expand both with added batteries over time and add in more panel capacity up to a point that makes them quite attractive if you can afford them. My personal recommendation would be for the Jackery over the Geniverse for most people for a couple of reasons. Please note that I received review units from both companies and money from neither, so I have no vested interest in picking one over

the other. One reason that I chose the Jackery Explorer two thousand is that it is a bit cheaper nineteen hundred for the base system and four hundred and seventy nine for each set of two hundred watt folding panels. Compare that to the Geniverse Home Power two Pro, which starts at two two hundred and ninety nine dollars and thirty four hundred dollars for the generator with two two

hundred watt panels. The Jackery is also meaningfully easier to use in recreational situations, so it is a system that the average person will get more use out of. You can take it camping easily, you can use it for overlanding, and you can have it ready for another emergency. I will note that if you have a system like this, you will surprise yourself with how often it comes in a handy for simple tasks. What I like about both

systems is again their future compatible. You can start with the base system and then add a couple of panels, and as you save more money, you can add an additional battery packs and panels to give you both more capacity and more input, with the goal of eventually storing a day or a couple of days of power and being able to run your home minimally during extended emergencies.

The shortcoming that you'll find with either system is that if you have a normal home, it will cost as much as a nice used car to have a setup that could run your house for extended periods of time, let alone indefinitely. A typical home AC unit can burn something like fourteen thousand kilowat hours per day, and that's just half of what an average home draws heating amounts

to a comparable draw. So while these systems can be expanded significantly with additional batteries, if you're dealing with an outage that extends past several days, you will encounter severe limitations. This brings me to the most impressive but least accessible piece of gear that I test for these episodes, The Anchor Solick's F thirty eight hundred portable power station. This holds about three eight hundred and forty watt hours of

electricity and can output six thousand watts if necessary. You can charge your electric car or run a welding rig off of this thing. It can be expanded with additional battery storage, and if you had thirty or forty grand to spend, you could wire this thing up to power

your house for close to a week without sunlight. The F thirty eight hundred itself costs four thousand dollars, and you can run two of them in tandem with twelve battery packs each to power your home for about two weeks for just the cost of at this point a rather nice car that is wildly out of reach for most people, But if you can afford it, the Anchor is a really cool system. There's been a tremendous amount of thought put into everything, from how the device is

constructed and laid out to how you carry it. I particularly appreciate the fact that you can wheel it like a big suitcase or lay it on its side, where it has additional pop out handles to enable you to carry it in multiple different ways. All of Anchor's products feel premium, and the metal handles that I said pop out are like metal. They're very solid. Everything has a clean interface and what I would describe as an exceedingly

livable industrial design. If you happen to be one of the people who can consider putting down four thousand dollars for an emergency battery, the Solix F thirty eight hundred will see you through ninety nine percent of the power loss situations you are likely to encounter, and require minimal

knowledge to set up and get working. It is easy to attach to your home breaker, and Anchor's instructions for doing so are simple to follow for folks who can afford the cost then, and that cost is not inconsiderable. It is a great mix of might save your life and will definitely come in handy. I should also note that the Jaggery system has a better pedigree than the

Geniverse system in the industry, probably similar to Anchor. They've got a long track record and are well regarded not as inexpensive solution, but as a reliable one with a good warranty and a lot of history to back them up. All of these systems are, in my experience, reliable and easy to use. All of them are and I have to hit on this a few times because it matters expensive.

That presents a problem if you're someone who sees the value and these is potential emergency devices, but will realistically never be able to throw down three thousand dollars for them. It would be irresponsible of me to give you some specific technical advice because I lack that knowledge. But I have some experience here, and we're going to get to that after this next set of adds. We're back and we're talking about what you can do at least a

little bit of what you can do. Again the furthest thing in the world from an expert here, but I wanted to at least provide some starting points from folks who are never going to be able to afford these more formal, easier to use idiot proof kind of situations, because while I'm not an expert on this, I have lived off grit a bit, and I have known people who have done so in a wide variety of weird situations.

At one point, my partner operated a solar powered shack that they lived out of, with batteries so comparatively primitive that she had to regularly refill them with water. That kind of maintenance is going to be second nature to people who know they're shit with solar, and those people have a lot more options than the laymen. Probably the most impressive in cash neutral setup I saw was in

a place called East Jesus in far southern California. This was a totally off grid power setup that kept around twelve to eighteen people alive year round and often intense temperatures, powering AC units and trailers and RVs, fridges, fans, lights, The entertainment equipment they used the wakes Now. Their setup

was all scavenged or bought cheap in auction. The batteries they used, which took up an entire shipping container sized space, were purchased cheap from a telecom company in the area, which retired its deep cycle batteries once they hit eighty percent of their original functioning capacity or something like that.

Panels were likewise scavenged or bought cheap and used. Since they had a lot of space but little money, Wiring a shitload of panels a varying efficiency together was a solution that they could afford, both in terms of the money that it cost and in terms of the space that was required. Most people lack the technical knowledg to

set something like this up. I sure do, and even more of them lack the space, but it is an example of the sort of solutions that people with little to no cash can cook up if they're clever and knowledgeable about the fundamental technology. It would be extremely irresponsible if I did not add here that solar setups are the sort of thing where it behooves you to be

exceedingly fucking careful. The chief benefit of the system's goal zero anchor, Jenniverse and Jackery make is that they are all as close to idiot proof as they can be. Part of the cost comes from the fact that they use expensive but extremely stable lithium iron phosphate batteries. These have long life spans. Jackery rates theirs at ten years and a cycle life of up to two thousand cycles.

They have a good standby time too. Jackery rates theirs at up to fifty percent charge after two years in storage. A lot of the cheaper or scavenged options you find are lithium polymer batteries. These are rather infamous for igniting and burning down people's homes. There are solutions you can find online and if you're interested in cheaper homebrew solar setups out there, one place I'd suggest starting is diyssolarforum dot com. The people there will have suggestions for minimizing risk.

Since LiPo is one of the most dangerous battery chemistry types out there. Some people build what are called battery bunkers. One a form I've seen this tape is basically a cube of bricks around and below the batteries with a ceramic flat sheet above them. Some people will suggest lacing sandbags above the bunkers that if the battery goes into a thermal runway, it will melt the sandbag and pour

sand into the battery to stop the fire. Again, I am not giving advice here, just providing you with an example of the kinds of concerns that you do have to think about. When considering building setups like this for your own, it is unfortunate. The most financially accessible way to do this is by taking the research into your own hands and relying on the experience of hobbyists and lifestyle explorers who have been there before. But disasters aren't fair,

and neither is life. Another exploratory option I'd suggest is googling questions like how to run small room ac off solar or how to run twelve volt fridge indefinitely I'm a solar, and then add Reddit as a search term. You'll find threads of people in off grids, solar or overlanding subreddits who have explored these problems for themselves and their journeys can at least act as a basis for your own. I'd like to thank at the end of this the reps at Jacker, each universe and anchor who

sent products for me to review. It was incredibly nice of them all, and from an esthetic point of view, they all make great gear that is a genuine pleasure to use. Goll Zero didn't send me anything, but I've paid for their stuff for years and I've never had anything fail in the field, so I figure I owe them a shout out here.

Speaker 3

Too, and it's going to do it for us.

Speaker 1

It could happen here for the day, so you know, check in tomorrow or you know, Monday, depending on when you hear this. Whenever it drops and yeah, goodbye.

Speaker 12

Welcome to It could happen here. I'm Garrison, David, and once again it has been happening here as protest encampments have sprung up in at least eighty college campuses all across the country as Israel continues its genoside of the Palestine people and is now currently bombing multiple sides of Rafa.

Last month, students at American universities began protesting their university's ties to Israel and weapons manufacturers, calling for divestment, as well as urging their institutions to join in calls for ceasefire. After a militarized police raid at the Humboldt protest utilizing a prison swat team, police departments around the country began

cracking down more harshly on the protest encampments. The day after the Humboldt one, NYPD raided Columbia University and fired a gun inside Hamilton Hall while trying to use their handgun as a flashlight. The Portland Police Bureau quickly followed suit and cracked down at the encampment at Portland State University and have since barricaded that library. As of time of recording, around twenty five hundred arrests have taken place

at college protests all around the country. Police have displayed incredible violence, sending people to the hospital with broken ankles and concussions. In many cities, there's been heavy use of pepper spray, pepperballs as well as tasers. The protests have also faced violence from a mix of far right agitators, zionist counter protesters, and racist frats that have targeted the

protest encampments with physical violence, especially at UCLA. We here at it could happen here are lucky enough to have correspondence kind of based all around the country. So I'm joined today by Mia Wong, James Stout, and Molly Konger to discuss our experiences as people who have been present at some of these encampments all across the country. I'm going to start by talking about Emory University here in Atlanta, Georgia.

This is a weird one and I think I'll actually go into more depth in a future episode, but this episode's going to kind of focus on discussions and we're going to kind of compare our experiences. So oddly enough, I think Emory was the first one to actually face significant police repression. Tents went up on the Emory Quad on April fifteenth, and that morning there was a heavy

police response from EMORYPD, APD and Georgia State Patrol. They fired tasers, there was rubber bullets, pepper balls, and over two dozen arrests. Students and others began to rally later that afternoon to retake the quad. A few hundred people did so, and a small occupation began inside the Kendler School of Theology building. M REYPD was pinned up against this building. GSP arrived as reinforcements, and people started to flee, as you know, you see GSP kind of form this area.

But people were able to calm some of those other students down and regroup and actually hold that position for a little while longer police began attacking students, a small clash began, there was pepper balls. People continued to kind of hold that ground in front of the building. There

was students also inside. As people try to you know, render aid to those who have been pepper baled, and while maintaining this position in front of the building, more and more police arrived like a ridiculous number, and the crowd eventually starts to slowly disperse as police just flood campus. Police from all around the greater Atlanta area just flood this very small section of Decatur, which is a small suburb to the northeast of Atlanta or to the east of Atlanta.

Speaker 3

I guess.

Speaker 12

Emory President Greg Femmes said the Thursday protest was concocted by outside entities, which is why Emory PD, APD and GSP violently disrupted the protest because it was caused by outside agitators. Line that New York Mayor Eric Adams would

then reiterate to justify the massive crackdown at Columbia. So the next day we had five hundred people march around campus and then this little kind of committee of Emory faculty and staff called the Every Open Expression Committee began to negotiate with the protest and they quote unquote allowed the protest to march around campus, and this small subset of the group began to occupy the Coxhaull Food Court

and police. Plice were ordered to stay out of sight this whole day and a few of the days after unless the Open Expression Committee specifically called them in. And what was able to happen is that this Open Expression Committee was able to wield the threat of police as a deterrent from people taking kind of more militant action or to actually set up things that would hold down an encampment, like if tenths were set up, this would result in this Open Expression Committee to call in the police.

So this was a very successfully wielded threat. So as the night goes on, the Open Spression Committee does threaten to call police on the Cox Food Hall protest, which scares a whole bunch of these you know, young teens early twenties out of the building. A smaller group of around one hundred people remain on the quad till midnight,

police arrive and then everyone disperses. The next day kind of follows a similar pattern open expression and some student organizers over the course of the next few days actually start directing police to detain and criminally trespass people wearing cafeas on suspicion of them having been engaged in like doing graffiti, and really it just allows police to target specific people that the Open Expression Committee kind of just don't want on campus based on either how they dress,

how they're kind of walking, acting, behaving, that sort of thing. And this pattern followed basically up until the present. People would try to take buildings do smaller protests. Police would either be called or there would be threats that they would be called. It would kind of calm the crowd down, everyone would disperse. If ten's got set up, that was seen as like a major sign of escalation, which would

result in police being called. And it's kind of the small back and forth, and eventually this just kind of led to the situation Emory slowly dissolving, slowly fizzling out as the people who were wanting to do stuff kind of got pushed more to the side, got pushed out, more and more people became began getting criminally trespassed, and the group of students at Emory just did not want to risk a further engagement with police after the first day,

and that's kind of led to things slowly slowly dissolving, And that's basically with the situation currently. Things of the kind of tapered off. School's ending. I'm sure this will be a similar, similar thing across the country as the school season is ending and these protest encampments will so we also just dissolve away as police repression continues. Let's see who should we move on to the next little report? James James stout from you. You went to U see San Diego.

Speaker 3

That's right. I did both both as a graduate student and then again as an adjunct professor, and then again as a journalist last week, which is what we're going to talk about this time. So you see San Diego had it was interesting the encampment began on the first of May, but s JP had posted this thing about their big rally was going to be on the third of May, on the Friday.

Speaker 6

Right.

Speaker 3

S JP is Students for Justice in Palestine. It's one of the groups it's organized a lot of these protests across It depends you know where you're at. You might have the Council on American Islamic Relations, you might have the Muslim Student Association, you might have both. But yeah, yeah, you Jewish Fast for Peace. Yeah yeah. Very often they're they're collaborating, which is great. We love to see collaboration.

So what they did was they posted that they were going to have a big rally on Friday, and that, as it turned out, was like a fake out, and they actually started their encampment on Wednesday, So they distracted admin with that Instagram post, which is pretty clever, pretty funny, And they began this encampment on Wednesday on Library Walk, which is kind of right in the middle of UCSD. If people have seen, you know, people would be familiar with the UCSD guys Le Library from the film Attack

of the Killer Tomatoes, which it played important role in. Yeah, I can see the look of recognition on my colleagues faces. But yeah, that's the only thing that's ever cool that's

happened at UCSD. So they set up this encampment. It wasn't huge, but it was certainly a serious presence, right, and they didn't barricade it or sort of make it make a defensible That was a conscious choice, right, And they did set up a security system whereby they had student security people controlling who entered and I guess left the encampment if you really wanted to, you get the cops got in, right, Like it was a wist high vinyl offence. But in theory, these people were controlling who

went in and who went out. Some times these people were asking people to sign up on a sheet. I think I hope they stopped doing that because obviously that you're sort of helping the cops make their prosecution case. There. Over the next five days, the encampment was extremely peaceful. Right There was a focus among this group on not giving any provocation to police or to addmin to any

reason to evict them. So they had some lectures, some speeches, they had some live music, they did some dancing, all stuff that's in no way provocation or violent. On the fifth of May, a large counter protest was organized. Most it bought kind of like get off my Law and boomer types, but then also like some right wing streamers Oreo Express or I guess the surviving half of Oreo Express, Josh Fulfer, was there. I think the guy who was first responded to media, Jsuay or Joe Felix, was also there.

These are right wing streamers that, sadly, like, if you live where I live, you have to be familiar with where they do a lot of border harassment to They were obviously trying to film and identify students, so I guess this was on the evening of the fifth That evening, the Chancellor Costler sent around an email basically saying that what the students were doing was prohibited, that the tents were not included in freedom of speech, and asking them

to disband peacefully. The next morning, at about five or six in their morning, literally hundreds of cops from several agencies. Right the UCPD does not have the footprint that we saw. There was California Highway Patrol, San Diego Sheriff's Department, and UCPD all in full right gear lined up opposite the encampment. They say that they asked students to leave and that those who didn't were arrested. And when they're arrested, obviously like violence was used by the police, as always is,

the encampment was destroyed. Everything that was there was tossed into a dumpster. Some stuff was then recovered. I guess there's now a lost and found people to recover their things like laptops, right, like expensive personal items that were swept up. At that point, people were arrested and then detained in the Price Center at UCSD. The Price Center, if you've not been on campus, is like a large shopping mall that also has some lecture facilities. But it's

where the Panda expresses on campus. It's not trapped in with the Panda Express, which is a dangerous situation. Yeah yeah, and the Panda Express is not operational sadly more it's a shame, but it's where they have those their dining horn. It's like a center of corporate operations on campus. It's a very bleak place. So they're trapped in the Price Center.

The students around campus, those who are not in the encampment then rallied to protect these students and tried to block the police from loading them on buses and then block the buses from leaving. And that's when we saw the Sheriff's department using massive amounts of violence. Right, our Sheriff's department still carry just like big wooden sticks. They're not like the black night sticks, you know, with like the right angled grip. It's just a giant it's just

a big wooden baton. Yeah, it's the esthetic of our Sheriff's Department's right gear is consciously or unconsciously something that I associate with the civil rights tear and the repression of the civil rights movement. Perhaps that's a choice. I don't know, but that was when the Sheriff's department started to become violent. That's when they brutalized and arrested both generalists and students. In total, sixty five people are arrested protests and moved down to the two jails. We have

different facility. There's a men's journal at women's jail, and they tend to they tend to incarcerate trans people with the gender they're assigned at birth. I've heard about lots of things that happened in those jails that were pretty bad, but I haven't been able to confirm them enough that I think I'd be comfortable airing them. So people are released, lots of them charged with several misdemeanors, trespassing, encroachment, being

at the scene of a riot, resisting arrests, things like that. Right, two members of faculty were also arrested. Forty people were students, and at the last time I checked, they hadn't confirmed the status of the other twenty ish people. So that happened on the sixth yesterday, which was of course the eighth. There was a big march about a thousand students. It looked like kind of both calling for the UC to divest and calling for the UC to drop charges and

drop academic sanctions. So right now, all the people who are arrested are facing interim suspension, they're facing a viction from their student housing, which San Diego, if we've spoken about brazilion times, has an incredibly expensive housing market and it's almost impossible to access to affordable housing here. And in some cases, you know, they're facing serious academic sanctions.

It could affect the rest of their academic careers, student workers who are arrested or also now not being allowed to work on campus. So one hundred and eighty three faculty signed the letter asking the university to not do that. That came out last night, and that's kind of where we're at in terms of what's happened to these people. I think it's probably worth noting that the U see

Riverside settled, right that they negotiated a settlement. That's in so Riverside is north and slightly east of here, east of Los Angeles County. You see Riverside is. I don't know in terms of student numbers how big it is, but they settled I think on the Wednesday, so it'd be mad Mayda. The Friday, May the third, I was at the UCSD and meant that day and I heard

them announce it. They were overside settlement. I'm just going to say it didn't achieve some of the more radical goals of the student organizing movement, not to be divestment, to be an academic boycott. They did get the university to publish its investments which are linked to Israel at least, which is a step. I guess. They got a task force. The university is going to be very willing to grant you task forces and panels and things which can turn

your radical aims into a bureaucratic mess. Right, And they got the university to look into removing Sabra Hummas from its men use as well. Get get Yeah.

Speaker 8

The biggest concession was the Hummers, which isn't isn't great?

Speaker 13

Wait that was That wasn't a joke? I thought you were joking.

Speaker 3

No no, I'm not joking. No no, no, no, Sobra Hummas was called out by name. They didn't. I'm not saying they're really investment yeah, yeah, no, no, they're not divesting from Sabra Hummas, Molly, they're looking into doing that. In conjunction with their acquisitions procedure. Yeah, so you know, it's a huge dub. I don't want to undermine what these people have done. Like it's it's scary when the

cops come to get you. And I understand, but this is a sort of visa concessions or university is going to give you. Right, you might get a snack task force, and you might get they're already publicly available investments listed in one place on their website at UCSD. The administration

claims that the students were unwilling to negotiate. I wasn't able to ascertain if what system they had, right, Like I was trying to ask if they had delegates or representatives, who are going to do those being different things, right, who are going to negotiate? I was enabled to get a clear answer, and that they did very clearly publish their demands right, And the university doesn't seem to have proceeded to any of them. So that more or less is where we're at in San Diego. They're are ongoing

panels and press conferences. I'm going to attend one, so it's going to be one by faculty tomorrow on the ninth, the faculty have also been organizing right in a group called Faculty for Justice in Palestine, and they've been organizing. I think it was very impressive that they like accepted student leadership and didn't try and like, you know, come in and take a vanguard roll or tell everybody what to do. But but there mostly to facilitate the student

protest and protect it. So they're having a press conference tomorrow, so things that's definitely ongoing here. But that's kind of where we're at as of today, which is the ninth of me.

Speaker 12

We will be back in here about the happenings in Chicago and I believe Richmond Charlottesville after this outbreak. Yeah for Sobra, I hope probably not Chockolahamas. That's the chocolate Hammas is a travesty, crime against humanity.

Speaker 3

All Right, we are back.

Speaker 8

I have a big bowl of non Sobra chocolate hummers. Actually, so fuck all of you.

Speaker 3

Yeah, and the break Garrison got out that chickpeas and a blenda is a really beautiful thing.

Speaker 12

Let's hear from me about what's been happening in Chicago where there it's been multiple, multiple of these protest occupations.

Speaker 6

Yeah, so there's been four occupations so far in Chicago that it's it's possible. I don't know. I'm actually kind of surprised, Like the University of Ville Nois hasn't, Like there have been a few campuses that I thought would go up that haven't. Yeah, so we're gonna talk about three of them because the other one I didn't get to. We'll we'll well, we'll explain why I wasn't at the School of the Art Institute one because.

Speaker 8

That's a shit show, sixty eight arrests.

Speaker 6

Yeah, disaster.

Speaker 3

We will get to that.

Speaker 6

So the first one I was at was at Northwestern, And I think the other thing that's important about these encampments is that they're really really geographically spread out across the city. So Northwestern is not in Chicago, it is in is it a like is it a suburb called Evanston? Is a very rich suburb. Okay, the other thing we should probably get across this these the Chicago camp it's all started kind of late into this process. They're not there's reasons for this that I can't get into, but

they're all kind of late comers. On April twenty fifth, Northwestern one starts and it's a really chill occupation for the most part. So there's like a police raid on night one, but then the kids just come back and put all the tents up again. And then after that, like the Evanston police department is a joke, right, Like they're not I mean, they've probably done terrible things, but

like they're not. They're not like the police departments in the rest of the city, who are like the guys you teach the CIA how to torture people, right, Yeah, and so yeah, I wanted to talk a bit about kind of the vibes of it because it was it's a very like early occupation kind of vibe, right. It's I mean, like I walk in, there's it's a bunch of kids like sitting on tents doing homework. People are sleeping, There's like people are like eating meals.

Speaker 12

Everyone's really happy, very similar to people just hanging out in the quat at Emory and I'm sure many other places around the country. Yeah, I think I think in everything that that should be mentioned is you know, so like obviously these are these are proteo, these are camps insolidated with palessign, right, so you're you're expecting an internationalist event.

This one like I walked in there and there is a woman on the stage in the encampment while I say stage, and there's a woman using their sound equipment, which made you quieter.

Speaker 3

Too, but was talking about the.

Speaker 6

Zapatistas and this is the thing you see over and over and over again, right, It's like, yeah, these are about these the enchampsts that I'm at are you know, obviously they're about Palestign, But there's this real there's very kind of there's a deep internationalism there that's very tangible

and powerful. I mean, like, you know, I was walking through the tamp and I was I was like, you know, there are kids like reading on the on the lawn and I'm like I'm like pointing out like, oh hey, this is that's the copy of The Wretched of the Earth that I have from college. Like you know, it's all stuff like that. It was all very chill. It like rained on us. So we spend much time like

waterproofing tents. I think the interesting things about this is that there's a there's a really kind of wild mix

of people there. It's it's this, it's this thing you only really get in social movements that are like going somewhere where, you know, I mean I was running into people from groups like old school, like like I ran to zone from students for a democratic society, Like I didn't even know that groups still existed, like I thought I thought went down well, so there there was a second round of them in the two thousands, so I

thought they died after that, but apparently not. You know, so you have these mix of people from like groups that everyone thought was dead, right, Like, you know, there's a lot of sort of very experienced, like student organizers. There's also a lot of grad students, which is a dynamic. I don't think it's talked about very much because it's it's not just like eighteen year olds. There are a lot of people in these camps who have been doing

this for a very long time. And you know, so you have those people, but you also have people who just I mean, like I talked to people who this was literally their first protest, right, It's like the first thing that evertility they'd ever come out to, And you know, there was this very kind of there's this very sort

of camarader ReVibe. What there wasn't was a functional democracy, and that's that's a very Dusty everything about this encampment that was very different than the Chicago one, which I'll be getting to in a second. It's like they there was this sort of there was this group that was negotiating with the administration, and no one could really tell what they were doing. Like every once in a while a representative would come back from them and you'd hear something.

But in the meantime, everyone is sort of running around based on rumors, trying to figure out what these people are negotiating. And it turns out what they're negotiating is an end to the protests, and basically the students like, okay, so there's a complicated set of demands. What actually happens is that all of the entire occupation is taken down. After a week, it's completely gone. Now there's nothing there. What they get from it was the university is re

establishing an advisory committee on investment responsibilities. They got like question this Northwest supposed to answer questions about holding some stakeholders which may be disclosure, may not be. And they got some stuff that like is real from for like visiting like Palestinian faculty. But basically they didn't get any of the goals of the encampment, right, there's no investments.

There's you know, a committee that can make recommendations about the investment, and we'll see if that even happens, because that's supposed to be spun out back in the fall. So, you know, they take down the encampment, they get nothing, they get no leverage, and nothing is you know, and all of the sort of student negotiators, and these negotiators tend they you know, Okay, so there are also like

political splits in the camp. Right, It's kind of hard to get a sense of them just from looking at it, but you know, if you talk to enough people, you can sort of get the sense of like what the splits are, right, and Northwestern was sort of split between like the sort of liberal nego student negotiators who are from a lot of like some of the sort of more liberal student organizations, and the people who want to like you know, they're sort of like Baxibleist radicals and

the maximust radicals get out maduvry because there's just not enough of them, and so they take the encampment down. And the people who were doing the negotiations had this whole line by we're building power, this is just the beginning, and there's nothing. There's been nothing else. They're screwed. They lost everything. Their negotiating power is gone.

Speaker 3

They got nothing.

Speaker 6

So in the wake of this, the University of Chicago encampment starts up. Vnwversit of Chicago complete other side of the city, like Northwestern is in like the like the fucking bougiest, like richest, whitest of the like of like the north side of Chicago, which is like where rich white people are, except I mean, they're not even in Chicago, right, They're they're they're literally like they are they are a

They're a suburb. The University of Chicago, on the other hand, is smack dab in the middle of the south side of Chicago. There's the University bubble, and then around the university this is like the heart, like the heart of black Chicago, right, very very different vibe. The other thing that's important about this is so the University of Chicago occupation starts in the context of the massive raids in Columbia, the raid and Humboldt, and very importantly the raids in UCLA, and.

Speaker 3

Both of both the sort of brutal police.

Speaker 6

Raid and the like absolute horrowing mass fascist attack on the barricades where you know me of people getting beat up the middle pipes. They're shooting. They're shooting like Fourth of July ass fireworks, like directly into into the people on the barricades. They are trying to kill the protesters. They beat a bunch of student journalists like half to death.

And so University of Chicago camp when I get there, is right in the middle of transforming from a kind of like Northwestern style everyone's getting along like singing Kumbaya camp to like an actual fighting camp. Because I get there and like that day I get there at like nine, right three hours from when I get there, they were scheduled to be a giant rally of like right wing frats that is going to go come and attack the encampment. So the vibe is extremely different. It is a fighting camp.

Everyone is preparing to, like, you know, fight for their lives. Everyone knows what happens at UCLA, and also everyone knows

what happened at Northwestern, and people are fucking pissed. People are like, I mean unbelievably angry that then you know, then their view is the Northwestern camp sold everyone out, sure, and so you know, I mean, and the other thing about Chicago that was different from Northwestern is that U Chicago had has functional general assemblies, So there are like functional democratic meetings where everyone in the camp goes, Okay, we're going to like figure out what we're going to do.

And these meetings are people are not happy with, you know, like they're not happy with what happened at the Northwestern. They're also like really pissed off at the third occupation, which was well, I mean, I guess I think that Paul happened in the middle of there. But the third occupation was the occupation at the School of the Art Institute. The School of the Art Institute is literally right in the heart of downtown Chicago. Like it is across like

it is like across the street from Ballennium Park. It is like across the street from like the Art Institute of Chicago. It is in like the corporate center of Chicago. Sure, so they they they do. They do an occupation right and inside of like like I think I think they got seven hours in before SWAT teams showed up. They rerest sixty of people. It is a brutal raid.

Speaker 3

They're they're like the cops are beating people with metal bars like it is.

Speaker 13

It is.

Speaker 6

It is fucking terrible.

Speaker 3

It's it is. It is a bunch of swat teams beating up art students, very switch and harsh.

Speaker 8

To make sure it doesn't become like a continued thing.

Speaker 6

Yeah, yeah, because because then and this is the thing about but both U Chicago and DePaul to less tuge extent too. But U Chicago and Northwestern are on basically like opposite extremes of the city right there. They're not in the middle of the city, of the downtown area that yeah, like the political league care about. It's on the north side, on the south side. Yeah, yeah, the school the artistry, like this is literally the middle of Chicago.

And so they like it's very clear orders are coming down from above that this encampment can't be allowed to stay, and so they get the ship beaten out of them. And this is important for a few reasons. One it kind of like it kind of heightens the fear of

police deppression. But the thing that it does that's important is that this goes fucking this like completely backfires on Brandon Johnson and you know, so that's sort of the mayor of the political administration, because this is you know, it turns out people are very very angry that a bunch of swat teams just beat up a bunch of art students with metal bars, right, And the consequence of this is that Brandon Johnson like refuses to or at least openly what he's saying is that he won't use

the Chicago Police Department at at at on the University Chicago campus. University of Chicago has its own police force that's about one hundred and fifty officers. It's sort of vaunted as like the largest police force in like the largest pri one of the largest private police forces in the world. You know, they also shot a fucking kit while I was at school there, so you know, I

have a like depatriot of them. But what kind of ends up happening is so there's there's that big the day I'm there, there's this big like confentration between protesters and kind of protesters, and you know, the kids form a.

Speaker 8

Shield protesters and counter protesters.

Speaker 3

Yeah.

Speaker 6

Yeah, so so like the the FRAT show up, there's like a huge right wing media circus, but the kids have a shield wall, and the shield wall fucking holds and the counter protesters can't break it. They eventually back off and they're separated by the cops, and from there things get weird. The encampment gets cleared by a raid that probably could have been stopped, you know, it has they have one of these five am raids.

Speaker 13

You can't stop the police.

Speaker 6

Well, okay, So the thing I say about this, though, this is this isn't CPD, this is UCPD. They have like forty total, Like the number of people they can amass at one time is about forty. So like this this was the only occupation that like maybe like plausibly could have actually beaten off the beaten off the police tech because you know, if they only have four people and you have six hundred like that, that that that's about the point at which it's like plugs.

Speaker 13

It's unusual for cops to engage if they don't have the numerical advantage.

Speaker 3

That's odd.

Speaker 6

Yeah, yeah, But what happens is that the basically the protesters through through through, like there's a very convoluted process of this. But the protesters decide not to define the camp, so I everyone it gets raided and they'll and like no one has I'm getting arrested, but they destroy the entire camp. And Okay, I guess there's one thing that I I probably should have fit this in better somewhere else.

But something that's very interesting about both of these encampments, and this has been true of both of the encampments that I've I've seen, is is who is like the racial and gender composition of who's there, Because these are you know, and you could see this like when you're when when the counter protesters are facing off against the protesters, is the counter protesters they're like exclusively white, like most of them are white frat ros, white CIS dudes usually yeah, yeah.

And then in the camps it is basically like it is like non it's non white people of all genders and like non sistued people of all races. Yeah, very very very very prominently. And this this is something that I think is a sign of how the sort of like American political alignment has changed and the kind of kinds of political alliances that are kind of so normal

now that we don't even really think about them. But if you step back for a second and look at what's actually happening, this is this is the this is the actual political composition of these protests. It's queer people and non white people and obviously like people like me who are both. And I think that's an important thing because you know, it's it's a dynamic of these camps. It doesn't get talked about, it en off, but is the core thing that's happening like politically.

Speaker 12

I agree that that was the same that was the same demographic balance at Emory. Let's take another break and we'll come back and hear from Ali and then kind of have a bit more of an open discussion to close things out, comparing the similarities and differences for our experiences at these these four different protest encampments or different cities.

Speaker 2

I guess.

Speaker 3

All right, we are back. Mollie.

Speaker 12

You saw some pretty bad police violence at the camp in Chardsville, I believe right.

Speaker 3

Yes.

Speaker 13

The encampment at the University of Virginia was cleared on May fourth by Virginia State Police. It was not a pretty site, so the students at the University of Virginia set up an encampment on April thirtieth in the afternoon of the thirtieth. They had announced ahead of time that there will be programming during the day on May Day. So this sudden setup the day prior was I think a surprise to the university. When the students first put

their stuff down, they put up some tents. The police chief of the university Police Force, Timothy Longo, showed up immediately and said, no tense tends to the red line. Take the tents down. So that first night they took the tents down, and so for three nights they slept outside unsheltered because it was clear from the university that the tents are going to be the problem. That's the only issue that we have is the tents. You can be here, you just can't put up the tents, and

you can't use amplified sound. You can't be too noisy. The place where they'd set up was this patch of grass. That's so if you're familiar with the University of Virginia, there's the lawn. It's called the lawn. It's not the only grass, but it's just the special grass. It's the grass between the lawn rooms and the rotunda. It's like

a long narrow They weren't on the lawn. I think that would have been a much bigger problem for the university, just because of the optics of it, and because students live in the lawn rooms, so they were actually on the other side of the rotunda, in this shady, grassy area between the rotunda and the chapel, so within kind of spitting distance of that statue of Thomas Jefferson that the Nazis famously surrounded in twenty seventeen, so that that same sort of area of the university. So for three

nights they were out there unsheltered. It was pretty quiet. It was, you know, a few dozen students. Most of the time classes had just ended, so they were preparing for finals, they were writing papers. I think some afternoons they had tas come out and help people with their with their papers, help them study.

Speaker 6

You know.

Speaker 13

It was it was chill, they were they were just kind of out there vibing. And then on the evening of the third they held a vigil for the dead and Palestine. There was great turnout for that. A lot of people came out, students, families, you know, there were babies there, dogs, like it was. It was a safe place, right, It was a place where people felt safe letting their toddlers kick a ball around. Like it was not a

violent or embattled environment. There were babies there and they held the vigil and after the vigil they had Shabbot dinner. But as the sun was going down, it was starting to rain, so they put up a pop up tent to cover the Shabbat dinner, you know, the food that had been set out. And it was at that point that they began setting up the camping tents. And you know, they've been told all along by the police chief, you can't put tens up. You can't put tens up. It's

against the rules. That's that's when we're going to have to intervene if you put the tense up. But every UVA school policy is available on the school's website. They have a policy database where you can, you know, search by keyword. You can, you know, you can see every official school policy. And the official school policy is that tens are allowed. It's on the website. You can have a tent. And so now this, you know, the university is saying that this discrepancy as well. You know that

actually isn't a policy. It was a sort it's guidance on the policy. But it is in the policy database on the policy website where they keep the policies and it says guideline on it, and a guideline it's a synonym for a policy. So they are there. I think the lesson to take away here, you know, I'm not going to Monday morning quarterback the student organizers. I was not privy to internal discussions. I don't think that's my role. I think the takeaway here though, is that they're always

going to move the posts. The only protest the administration will ever approve of is one that happened at least thirty years ago. Right, you have to be decades removed from progress to see it as positive. They never like progress while it's happening. They never like protest while it is happening. There's nothing you can do that will be allowed. Right, Because the entire time of those first three days, when the police were keeping their distance, they were always there.

There was always this sort of like needling back and forth while you know, can you just can you adjust this, can you change this kind of behavior, like you know you're not breaking the rules yet, but just you know, we're watching, be careful, this constant needling. And so in the end on the fourth when the Virginia State Police showed up, you know, up until that point, the idea was, well, the provocation was the tense. The problem was the tents.

The police had to become because of the tents. You know that the policy on the school's website changed Saturday morning, like we have the you know, the cash on the website. You can see when the PDF was altered.

Speaker 2

It was that.

Speaker 13

So it's like, is it about the tents? Did you change this policy as pretext for the police raid? Because now in the aftermath, since they were caught out changing that policy immediately before the police raided the camp, they're saying, well, no, actually, actually it wasn't about the tents. That's not really what this is about. It's because they're saying now that you know, four men in essentially a black block, right, So four men in black were carrying backpacks with helmets were seen

in the area and they're known to law enforcement. And I'll be honest with you, I did not see these individuals. But at the same time, who care who? It's public property, right, this is a public university. You know, this outside agitator narrative. You know, we had to beat and Pepper's bray these

students because of these mysterious men. But at the same time, you know, the entire time that the students were in the encampment, they had faculty liaisons from Faculty for Justice in Palestine, and the faculty liaison were not you know, negotiating, because students were clear that there was no negotiation, right that, you know, they're not negotiating on their demands, but that all communication between admin and the police into the encampment

came through these faculty liaisons and they were in constant open communication. And the faculty liaisms are saying, well, if there was someone dangerous here, if the police had identified like a you know, an actual danger in this space, they never communicated that to us, right that before this raid happened, no one ever said to the faculty liaison, someone here is dangerous, there's a known criminal here, there's you know, this is why this has to That was

never communicated. So I'm not sure these you know, four mysterious individuals exist.

Speaker 8

I don't know.

Speaker 13

I think that is a manufactured, you know, sort of after the fact pretext. But in any case, on Saturday morning, the anniversary of the Kent State massacre, state police showed up a lot of them all at once, and there was you know, the local police set up a perimeter around the encampment. And again, so it had been raining all night. It was soaking wet. Like I showed up Saturday morning to take some wet blankets home to wash them, because things seemed fine, Things were very calm. Again, there

had been babies there the day before. It was very calm, and so I thought, well, I'll wash their wet blankets and socks and bring them back and then we can, you know, they can regroup and move forward. And while I was in home washing wet socks, I heard that the raid was starting. And again so you know, because it had been raining, and it was a pretty small protest to begin with, people are doing their finals. There were maybe a few dozen people there, like a few

dozen at most. But once the riot cops showed up, people start pouring out of the libraries. Hundreds and hundreds of students come to see what all the noise is about, right, they come to see what the disturbance is about. The university used the emergency alert system that texts students. It sends texts and emails for emergencies, you know, things like

a fire or a tornado or a mass shooting. Right that a lot of these students have recent memory of a very serious shooting here that they got these texts for. These texts are for real emergencies, but they use the emergency alert system to tell students to avoid the area.

So of course they poured into the area to see what was happening, and so they set up a perimeter around the camp so the people inside could not get out and the people who came to see what was happening could not get in, and a lie on riot cops marched into the camp and just bludgeoned and pepper sprayed at like point blank range. Pepper sprang them directly

into their mouth, nose, and eyes. I think one student was wearing goggles and they removed her goggles so they could spray her directly in the eyes while she was already prone on the ground. One woman was having a seizure, but they didn't stop arresting her to let her seize in peace, and they were just sort of dragging her limp body away. It was very nasty and once they made their leave twenty six arrests, they turned on the crowd that had gathered to watch, and they started pushing

this massive crowd of students out into the street. They didn't close the street, like there was a dean on scene who was watching this happen and sort of making frantic phone calls to try and close the street that the students were being pushed into because it was an open street with traffic. And then the frat boys showed up, right, so, you know, the students are coming out to see. Some of them are joining the protests, some of them are just curious, and all of a sudden, now there's an

entire hillside covered in frat boys. Some of them have Israeli flags, some of them have American flags. And there were times as that, you know, the police were you know, I'm very short, I'm about five feet tall, so there were times as the police were pushing towards us. I can't actually see that because the person in front of me is taller than me, and I would know the police were starting to advance again because the frat boys would cheer. They would start cheering, and you know, at

one point, I'm standing next to this older professor. You know, I don'tant to call anybody elderly, right, but this was this sort of a grandmotherly professor who had been Pepper sprayed and was, you know, shouldered or shoulder with students, And she looked over at those frat boys and she said, I don't know how we're supposed to teach them.

Speaker 3

Yeah, like it.

Speaker 13

I mean, I expect a cop to be a cop. I've been pushed around by a cop before. I'll also but I've never seen a cheering section for police violence before, and like.

Speaker 12

I have a few times, and it's one of the most disturbing feelings I've ever had, is when you have police attacking people and there's a group of like twenty to fifty to one hundred people on the other side of the police cheering them on. It's it's one of the most like like death worshiping moments in my life that I've like felt like.

Speaker 13

It's very ugly, very very ugly.

Speaker 3

Yeah, it reminds me of how like in It's not the same, but like like in Napoleonic Area, for certain battles, it became a thing to go and spectate and people would sit on hills and watch the like formations move and literally have a picnic, right and have this is real? Yeah, yeah, yeah, they did it in Turkey in the Battle of Kabani too. Like people they call it media Hill until the Turkish police take guests the BBC guys who were there, do you.

Speaker 8

Know, how do you know a round numbers for arrests or anything like that.

Speaker 13

I believe there were twenty six arrests, the majority of them students. One was a professor, one was a reporter, but a lot of students and grad students. And again, like, I think it's important to talk about this idea of the outside agitator, right because I don't want to get bogged down and like, oh, you know, a third of the arrests were not affiliated with the university. That doesn't mean anything, right, Like Charlottesville is a college town. Charlottesville

is UVA. UVA is Charlottesville. It is the largest employer in the region. It is sort of the you know, the iconic focal point of the region. It's a public school. People attend sporting events there, They attend concerts that like our largest local concert venue as a UVA property. You know, I did attend UBA, and I sometimes speak at classes at UBA, so like I have some sort of tangential affiliation with the university, but I don't have to justify

my presence there, right. I mean, that's like saying you can't protest Elbit or Boeing unless you purchase bomb systems or work.

Speaker 8

There, right right, Yeah, it's ridiculous.

Speaker 13

What this enormous institution does with its billions of my tax dollars. Actually is my business. It is my business. And if you're going to beat teenagers in my backyard, that is my business.

Speaker 3

Right yeah, And like this is yeah, the university is part of the community. They spend their entire like three hundred and sixty four days a year that that is their messaging. And yeah, let's as suit if the community shows up for the university, they change that.

Speaker 12

Let's maybe you have like a brief discussion about some of this. I think one thing I'm afterely hearing from from you, Mollie, is like like the presence of tents is seen as like a massive like sign of like escalation, like this this is this is there for some reason, that's where they decided to draw the line. It's like when tents are going up and that's what needs to be cracked down.

Speaker 13

On, which makes no sense because like I said, they'd been sleeping there for three days.

Speaker 12

Sure, not wanting to be very symbolic. Yeah, it's very symbolic. Like I think if especially if you look at like the images from the Columbia Quad, like it's a very symbolic thing of like tenses, like we are like staking territory, like literally putting down stakes. Yeah, I think like that that is has been a massive thing. I think it's interesting the universities that have and haven't had barricades set up, Like there was there was no barricades at every there

was no really attempt to put barricades up. And you have like, you know, pretty pretty big barricades in Portland of course, and then like Humboldt being really the one that was like no, like you could like hold down a space for like a while if you have like lots of barricades. We see that, we see that in LA and I know the difference between the bear kids going up and the barricades not and how that that does kind of slow. That's just slow a police story.

That just slow some police response. And I think one of the one of the one of the dynamics we have there is like at least her a emory, right, we had the first day people faced you know, a pretty sizable amount of plice violence. You know, there was like twenty twenty eight arrests. A lot of people were assaulted by police. And for many people, this this was

their first protest. A lot of these people were too young to participate in twenty twenty, which is kind of you know, odd looking back on it, but yeah, a lot of these people were quite young, and this is their first experience of like police brutality in person.

Speaker 13

And like what a first protest though, I mean, like I'm trying to think back to like, you know, usually your first protest doesn't end like this. Sorry, my dogs are going crazy right now, but I you know, I was thinking about this. It's just I think it's a radicalizing and traumatizing first protest experience for a lot of young people. I was talking to a young student. Want to give too much information about her, but she was quite young, right, It was, you know, one of her

first protest experiences. And she said, when the cop approached her with something in his hand, she didn't know what it was, and she couldn't understand what he was doing or what he wanted from her. And it wasn't until he raised the object above his head that she had this realization that he can hit me. Yeah, only can he hit me, but he is going to hit me. That like, to have that realization in real time that you are not safe in your body, that the state

will carry out violence against you. To not have known that before and to find it out as it is happening, I think is truly horrifying.

Speaker 12

Well, yeah, and so we have all these people who've experienced it now for the first time, and when they, you know, return to the campus the next day, they don't want to go through that traumatic event again, Like they don't want to. And so after we saw this in a few cities, but we saw this even in Columbia, but like after the first police response, how people behave afterwards on campus can be quite different because they really don't want that, and now admin is able to kind

of use threat of police. It's a very effective to turn to be like, hey, if you keep things kind of chill, no tense, nothing crazy.

Speaker 8

But if you just hang out on the quad, that's it.

Speaker 12

Like that's fine, but if you do anything else, we're gonna call in those guys again and they're gonna fuck you up even worse. And like that is a very very effective and scaring people away from from doing anything. And I think a big thing to navigate here is like how how can you get students to feel like empowered once again, to like actually be able to do stuff. There was this there's there's this one moment at Emory where some like some other like like more like you know,

more militanty. I don't know their exact affiliation at the university. I don't care, but so some more some more like militant, need more anarchistic people. Because it's Atlanta, we're like kind of like like shaming some of the students for not like doing more stuff. Like they got on the microphone and were like shaving them be like hey, this this isn't a protest, You're just you're just hanging out, and like, I I get it, but also like what is that

going to accomplish? I think I think shaming people for being scared of police is not effective. You need to you need to help them to feel empowered, and that that's a very different thing to navigate.

Speaker 13

And you can't expect, you know, can't expect their first protest action to be all out militant, nor should you want it to be. Like I'm sure I think one of the things to remember is that, you know, what does success look like that if you know, most of these university encampments aren't going to win divestment, right, They all have really similar demands and they include you know, divestment of university funds, and most of them aren't going to get that. But I think you can still envision

success as you know, these are young people. They are learning to organize together, they're learning to create that space together, they are coming together to talk about this issue, and I think that can be success. I don't think you have to bleed to have succeeded.

Speaker 12

No, totally, absolutely. I think just this being a learning experience for people, and now you have a lot of both professors and students whose view of police will forever be different, which you know, in the long run, it's probably I would view that as like a quote unquote good thing, even though it is you know, it's short

term trauma and possibly long term trauma. But like you have a much more accurate view of how the world works now, especially for a lot of these like Ivy League kids who've never never thought of police as a threat before. Police is always like a helper, right, A lot of these are like you know, good kids exactly, Yeah, and and and learning that like there doesn't need to be provocation to entice a police response. That is, that is not a that's not a real dynamic.

Speaker 13

I mean, especially UVA. Right, Like this wasn't one of those encampments where there had been prior clashes or real escalation or any sort of hardening of barricades. No, they were. They were lying in their tents when the cops showed up. Like the lesson is that nothing you can do is acceptable, so you might as well do what you want.

Speaker 3

Yeah, and like keep your eyes. The other thing I wanted to mention was like victory looks like a number of different things in these protests, but like you should focus on whatever that is. And like something I saw among faculty colleagues sometimes like it was just like should we get arrested? Like sure, suld, should we choose to get arrested? Like and like, no, you should not choose to get arrested, like you know, we always avoid it if you can, Yeah, avoid it. It is not an end.

Speaker 13

It's not a good strategic goal to get arrested on purpose. Yeah, I mean this is in DC where you get you know, a ticket and they let you go home.

Speaker 3

Yeah, no, this will fuck up as I'm lucky if your tenured faculty will suck up your life a lot less than people in other social and economic circumstances.

Speaker 13

Right, but even in the most privileged possible circumstance, like it fucking sucks.

Speaker 3

Yeah. You might be denied access to your medication, You might be confined in a cell with people who do not identify with the same gender as you. Right, the cops are going to be fucking mean to you. That's what they do, Like they do violence retect capital.

Speaker 13

That's why we have a lot of people are getting permanent nerve damage from being left in flexi cuffs. Like even if even if your charges get dropped, like you could suffer forever from this.

Speaker 3

Yeah, and there's you have, no you know, it doesn't matter how good your dad's lawyer is or whatever. They're the cops. They're going to get away with it. But yeah, Like when I think about the young people I was talking to people, and like when I think about twenty twenty, where I'm talking to young people, I'm older, I'm thirty seven. Like I think about my own like, you know, growing

up as a little kid. Like there was the like the anti sweatshow movement, which morphed into the G eight movement, which morphed into like xapeties to Solidarity, which morphed into the Free Palestine movement and moving against the British National Party, and we got to like step up until we were fighting Nazis, right because folks, young people who are protesting now who didn't participate in twenty twenty didn't get like

this was just like a baptism of fire. Like the people in twenty twenty got to go out in twenty sixteen for Donald Trump, bright in twenty seventeen and wear the little pink hats and walk around in the pink hats, you know, and they got introduced to the cops and the fact that they are just going to fuck you

up because they want too slowly. But these people didn't And I don't think we should blame them for being like none of us are, to be clear, but like, folks, I've seen it too much on the internet, like don't do that shit, like teach people to be stronger than the state. Don't shame them for not already being there.

Speaker 6

That's something that happened, like I literally watched this like happen at the Chicago cant was people like getting ready to have to fight off like these rap ros and you know, like that experience, and you know, and this is something I think is interesting about these protests. Two was like from UCLA, Like UCLA was like a pretty explicit attempt to try to use these like right wing like paramilitary people to knock out an encampment, and they

couldn't do it. Like, they hurt a lot of people, right, like two hundred people I think went to the hospital or at least treated by medics after it. Right, they hurt a lot of people. It was really scary, but they couldn't break they couldn't break the barricades. And that happened at Chicago too. It was like they couldn't like in the Chicago like those those like they're they're on. But at nine o'clock in the morning on the day

of that encampment, there were no fucking barricades. It was just a bunch of tents at a lawn, right, and in like three hours they set up a thing that you know, still I mean they weren't still weren't really barricades, but like you got to watch these kids, and you know, the people who were there, like you know, like realize that a group of them can stand and fight and

hold these people. And they and they did it. They fucking stood there, they stood their ground, they held them, they fought, and at the end of the day, the fucking trapros ran away and it wasn't really intel. And then this is I think it's been a really interesting element of this is that like these these per military groups have been just staggeringly unable to actually like beat a bunch of protesters like in you know, in in the sort of military sense of like who holds the

field at the end of the fight. They can't do it, and only the cops have been able to.

Speaker 12

And the other thing about that is, like you had you have a more legitimate way to fight off these like non state actions, Yeah, yeah, right, whenever you there is because of the nature of the state's monopoly on the legitimate violence, fighting off the police can be a lot more tricky than fighting off these like frat boy groups. Yeah, like that that is that is a very different dynamic.

Speaker 6

That was a process that like unfolded there. It was like a lot of people who were like, yeah, we don't want to escalate, and it was like, well, okay, so like several hundred people are going to show up. We also happened to us the UCLA like it has to right, Like you know, I mean like like you can't just keep doing your sort of like we're not.

Speaker 3

Going to engage your counter protesters thing.

Speaker 6

Where's two hundred of these people who are going to try to beat the shit out of you?

Speaker 13

Right, there's I mean, there's choosing not to engage with someone who just wants attention, and then there is self defense. I think those are two different things. Yeah, definitely some like you don't you know, you don't give someone their viral video that they can put on YouTube or whatever. But if someone's going to beat you with a stick.

Speaker 6

Yeah, And it's like like I'm not saying either them are like right or wrong. It's just like, yeah, like

you can't you can't use the same tactics. And being forced to defend yourself like had this real sort of like impact on people, and like I don't know, it's like like I gotta see people just like understanding what you can do with the physical mass of a group of people, and I don't know it was it was like it was it was a really emotional experience for like a lot of the people there, and it was really cool.

Speaker 12

So yeah, I think we it would be wrong just to like criticize these these students specifically for dropping the

ball in various ways. I think the thing that we can completely criticize and point you as a as a as a massive failure is everyone who has not been participating, how they have been viewing what's going on, And this is this is this will be the last thing I talk about, especially even even it's on like the media side and in this general discussion, like there's been such a such a singular focus on the campus encampment like itself, instead of like why the protests are happening in the

first place, what's going on in Gaza just instead just focusing on like, yeah, the actual the actual thing on campus, but but but not caring about why these protests are even happening, wilfully ignoring why it's happening, framing all literally all of the campus protests as inherently anti semitic, as if that is the main driver, and ignoring ignoring the many instances for people who have expressed anti Semitic things have been being like removed and pushed out of campus,

which has happened in many places. But it's it's just it's just so lazy to totally like reject the reasoning for why these protests are happening, the framing of trespassing as a form of violence, call calling these encampments violent as if as if being on campus is violent, and meanwhile never once mentioning the actual violence on display, which is almost solely at the hands of police and these

other far right groups. Friend of the Pod Cody Johnston had a had a very very good tweet quote, these people who I despise and never agree with, should protest the way I prefer unquote.

Speaker 13

Don't don't debate tactics with people who don't share your goals.

Speaker 3

Yeah, yeah, and.

Speaker 12

Again like these people who who who have like an ideological opposition to every single thing that these protest are staying for people.

Speaker 3

Doing this in the actual Bush administration just a wild fucking mental gymnastics to be like, it is a leag go for you to have your attempts here that is trespassed, Therefore we can violently displace you. Also, I stand with Israel, like exactly.

Speaker 13

Your head remind people of too is you know, you know, the saying like, well, technically they broke the rules. Okay, Well, technically, if you're going twenty over the speed limit, the cop can book you into jail. Would it be a bizarre escalation of force for him to do that? Do they normally do it?

Speaker 2

Now?

Speaker 13

They don't? Right, So, just because just because the police can intervene in certain ways doesn't mean it makes sense for them.

Speaker 9

To do so.

Speaker 12

Technically, you're not supposed to bomb forty thousand civilians, right So I think that's that's really.

Speaker 6

Weapons says are illegal the under under the Lahi Act, And it doesn't matter.

Speaker 13

For shit because the rules, you know, the police are only only powerful to punish you.

Speaker 12

The fact that there's more moral outrage across the country or students protesting a genocide than there is for forty thousand civilians being murdered is just looking at a deep hole at the at the conscience of this country.

Speaker 2

Yeah.

Speaker 3

Also, the thing I.

Speaker 6

Will say about that is if you look at the polling numbers on this, like, yeah, there's like like forty seven ish percent support for like banning like protesters on campus. However, when you actually look at the numbers, like especially if you look at the numbers of my cultures, you look at the numbers of people in general who now like who now support like ceasing like ceasing sending arms to Israel. It's been interesting, so like they have been working totally.

Speaker 12

It's just that the people who control this country is a different demographic than all the young people who are potesting on campus, right, which is what we are looking at. And I think it's also important to remind her that almost every single campus protest historically has been completely vindicated over time because they're obviously correct.

Speaker 8

And if you deny that, who are you fooling?

Speaker 3

Anyway?

Speaker 12

I think that this episode's already pretty long, but I was happy to hear a collection of our four different accounts from four different places.

Speaker 13

Oh, I do want to say really quick before we wrap this up. To everyone who says these students are too young to know what they are protesting, they couldn't possibly understand what they are talking about. Fred Hampton was twenty one.

Speaker 12

People forget how how young MLK was when he started doing Yeah.

Speaker 3

And they're young enough for fucking Israel to kill them, right. There are no universities in guars there anymore. It's just it's ridiculous. They're also young enough to join the idea for any other military and go and kill people. It's a ridiculous argument. Like, you don't have to go there and talk to these students. They know exactly what they're protesting. They know exactly what they're talking about.

Speaker 13

A lot of them are actually fairly well versed on the minutia of what divestment means and what that looks like, and what the fiduciary duties are. Like, they're not stupid. They know what they're talking about.

Speaker 8

All these dumb college educated youngsters.

Speaker 13

All these lady it's at Columbia anyway.

Speaker 3

This fucking nerds you Chicago. It's like, we don't talk about Palestine enough in class. Is like I teach a lot of world history classes. It's certainly not on the little boxes you have to take. And some people came to the encampments to learn, and that's fucking great too. And some people taught people and that's great too, Like it's a place where a lot of learning happened and people became more informed over time. You don't need to have a PhD or master's in an area to understand

that bombing children is bad and wanted to stop. We had a world war about this, like genocides are bad. So this will be a topic we continue to cover on the show over the course. At summer, we'll have I'm planning a deep dive about what happened at Emory. Margaret has an upcoming episode about how people who were engaged in the campus protests can stay involved over the summer, and of course we will continue to talk about what's

been happening in Gaza. Thanks for listening, solid Air. To everyone who's out.

Speaker 13

There, Flush your eyes with water.

Speaker 8

Flush your eyes with water again, learned.

Speaker 13

Hello, and welcome back to it could happen here. I am once again your occasional host, Molly Conger joining me today for a very special episode. Are my friends and yours, Scharen and Mia so Sharinnia. We're here today to honor

and reflect upon a very somber and important holiday. It is May fifteenth as we are recording this today, and today is actually recognized the world over as Knackba Day, a day to remember the first Knakba, the founding of the state of Israel and the force displacement of the Palestinian people. And this year, as a new Nakba continues, as the genocide is being committed against the Palestinian people, it's more important than ever to remember that these atrocities

did not start last year. But that isn't the memorial day I invited you here to talk about. Here in the United States, the holiday officially on the books today is not Knackba Day. It is National Peace Officers Memorial Day. In nineteen sixty two, President Kennedy signed a proclamation establishing May fifteenth as National Peace Officers Memorial Day and the week it falls within as National Police Week. It's an entire week to honor commemorate the brave boys in blue

who've lost their lives in the line of duty. And I can't think of a better way to spend this afternoon with both of you than to talk about how this holiday is celebrated and to share some of these incredible stories of courage and sacrifice. So one of the most frequently cited sources during Police Week and year round when you're talking about the mortality rate of police officers

is a website called the Officer Down Memorial Page. Highly encourage you to visit it, make an account browse the pages. The website is run by a nonprofit organization by the same name and has had tax exempt status since two thousand.

According to their IRS Form nine nineties, the tax form that tax exempt nonprofits have to file annually, they're pulling in around seven hundred and fifty thousand dollars a year, a third of which goes directly toward executive compensation and why why shouldn't someone make a quarter of a million dollars annually to do such important work? Public records show the website's founder, Chris Cosgriff, is a police officer himself

in Fairfax County, Virginia. Available salary data from twenty eighteen shows him making a policeman salary of about sixty nine thousand dollars. According to his LinkedIn page, Cosgriff still works for the Fairfax County Police Department as a recruiting supervisor

the officer down memorial page. Tax documents show he paid himself a paltry twenty four thousand, five hundred dollars in twenty twenty three as the executive director of the nonprofit, though they list key employee compensation at an expense of two hundred and fifty thousand dollars that year, with no indication of who is being paid that remaining two hundred and twenty five thousand dollars or what that person's position is.

When the organization received a thirty thousand dollars PPP loan in twenty twenty, they indicated on their loan documents that there were five employees at the organization. I'm not an accountant, so I won't hazard any kind of guesses here, but I am having trouble making sense of that twenty twenty four nine ninety, which lists five company officers by name and only cosgriff is drawing a salary, he paid himself

fifty thousand dollars that year. So that same document from twenty twenty shows that the organization and had expenses of two hundred thousand dollars for compensation of officers, but it doesn't say where that remaining one hundred and fifty thousand dollars went.

Speaker 6

Hmmm, I worried.

Speaker 13

Maybe they have a secret employee that they're not counting.

Speaker 3

His son, his wife, his other wife.

Speaker 13

The website indicates that donations to the nonprofit go towards maintaining the website, making posts on their Facebook, maintaining the site's companion mobile app, and historic research, claiming that their staff, again those five people, have uncovered records of over two thousand fallen officers that otherwise would have been forgotten to time. The site has memorial pages for officers who died as far back as seventeen seventy six, so it's as old

as America. That's not real, it's not We didn't actually really have what is considered modern policing back then, so they're really kind of stretching definitions, are.

Speaker 14

They including like people that went after slaves, you know?

Speaker 13

Yeah, yeah, tax collectors, yes, olive stretching.

Speaker 3

Yes a lot.

Speaker 14

I know you want to go that far back, but I mean.

Speaker 9

Do you.

Speaker 13

Donations also help fund their No Parole for cop Killers program, which tracks the cases of the people they call convicted cop killers and flood local parole boards with letters advocating against release. The donation page claims to have sent out over ten thousand such letters in the last six months alone. They also have a merch page where you can buy a lovely trio of thin blue line Christmas ornaments in a gift box for the low reasonable price of sixty dollars.

Speaker 3

Jesus.

Speaker 14

Kind of all the things I thought you were going to say. I did not think you were going to say Christmas ornaments.

Speaker 13

Oh yeah, beautiful, beautiful memorial ornaments. You can get them customized.

Speaker 6

Wow.

Speaker 13

The site lists information about American law enforcement officers, prison employees, and police dogs who have lost their lives in the line of duty. Kind of see. While the website is the source cited in every local news puff piece when May fifteenth rolls around every year, putting their version of the numbers in the headlines, the organization's stats don't match those in the FBI's annual report on the subject, an official annual report called the Law Enforcement Officers Killed and

Assaulted or LEOCA Report. The data used by the FBI is collected as part of the uniform Crime Reporting System, and if you take just a minute to look at the Officer down Memorial Page's annual data, the reason for this mismatch is immediately clear. They're padding their numbers by including deaths by natural causes on duty, deaths due to accidents or incidents unrelated to the officer's duties, and they're including law enforcement adjacent personnel that the FBI does not

consider to be law enforcement deaths in their reporting. The FBI's LEOCA report has really clear criteria for inclusion. To be considered a law enforcement line of duty death, the deceased must have been a duly sworn law enforcement officer acting in their official capacity at the time of their death. So they have to be a real cop, somebody who can carries a badge and a gun and has full

arrest powers. And the FBI specifically excludes death by natural causes like heart attacks or COVID deesths that occurred on duty, but quote attributed to their own personal situation, such as domestic violence, neighbor conflict, et cetera, which like that they have to list that by name. If you died doing a domestic violence in uniform, that doesn't count. How often is that happening?

Speaker 3

Yeah, I hope people who killed them are getting.

Speaker 13

Parole, Like good God, right, Like if your wife kills you while you're beating her but you're on the clock, the FBI says, no dice. They also specifically note that they do not include corrections officers, Bureau of Prisons officers, bailiff's judges, probation and parole officers, or US attorneys and assistant US attorneys. So just cops, not the people who sort of work in the industry around them but are not cops.

Speaker 14

Not people that basically are cops, like actual cops, you know, in actual cops.

Speaker 13

Yeah, and the FAA is really aware clearly that the numbers on the ODMP get cited more often than their own, Because the FBI's Crime Data Explorer page offers this weasly little caveat quote. The FBI's LEOCA program is one of a number of entities that report information concerning line of duty deaths and or assaults of law enforcement officers in the United States. Each organization has its own purpose and may use different methods to collect and report information, or

focus on somewhat different aspects of these important topics. Therefore, care should be taken not to compare LEOCA data to data provided by other entities, such as the Officer Down Memorial page. So they're specifically saying, we know these numbers don't match. We know these numbers don't match because a few years ago we gave them a few hundred thousand dollars in grant money to make numbers that are fake.

Speaker 2

Wow.

Speaker 3

Incredible, Wow.

Speaker 13

So the odmp is patting out their numbers with off duty accidents, prison guards, parking lot heart attacks, and COVID deaths. The database includes nearly nine hundred COVID deaths, causing massive

statistical anomalies. In their twenty twenty, twenty twenty one, and twenty two data, they include officers who died of natural causes years after sustaining minor on the job injuries, which, you know, if you're involved in a civil lawsuit after the death of a loved one, you could maybe argue that this was sort of a you know, a downhill

kind of thing. If you're trying geting a settlement from the state, maybe you could say that, you know, the injury sustained contributed to the death, but that's you can't tell me that slipping in the parking lot and then dying six years later is an experience unique to the

dangers of law enforcement. A district attorney who flipped his car after hitting a log that fell off a truck on the highway on a Friday night is not a law enforcement line of duty death because that not only was that not a cop it was a single car accident. And when DeSoto County Search and Rescue Director Deputy William Nichols went on a beach vacation and took his family into the ocean despite red flag riptide hazard condition warnings. He lost his life trying to rescue his son. And

that's very sad. But drowning on vacation is not a line of duty death. When Indiana Department of Natural Resources Sergeant Ed Bollman and his friend drowned in the middle of a frozen lake while ice fishing, that wasn't a line of duty death. It's just a sad accident while dudes were hanging out.

Speaker 3

These people, they really, they really should have a bad time around water.

Speaker 13

Float. There is a shocking number of drowning desks where the cop just like the second his feet caught we he just disappeared. Don't get them wet. It's not a gremlin situation to.

Speaker 14

Include swimming in the cop test, right, Oh no, I mean these people barely know how to point their guns.

Speaker 6

Like expecting them to be able to swim is the standards or that that's a bit too high of a standard for them.

Speaker 13

I mean, to be fair, most of these deaths are single car accidents. One guy died after t boning a school bus. The children were fine, the children.

Speaker 3

Were oh, thank god, okay, thank god.

Speaker 2

Weh and so.

Speaker 13

Rather than a detailed statistical analysis relying on uniformly reported official data, the ODMP relies on user submitted content. So people are submitting things and then Wikipedia, Yeah, Wikipedia for bootleggers, no, no thanks. But when National Police Week rolls around, it's their inflated numbers in every infographic, not the FBI's methodologically consistent data. And if I'm being generous, you know you could write that off on the ease of access to

the data on ODMP. It's very user friendly. It shows you a little picture and a bio of each officer. It's very easy to use. You can search by year, agency, cause of death, state, or an officer's name. It's not a wall of small text with little data tables and links to ZIP files of more data tables. The FBI's report is ugly and it's uncompelling, and it's sort of

overwhelming to navigate. If that's not something you are interested in doing, so don't want to be too hard on the twenty two year old news anchor scrambling to put something on the screen at six o'clock. The officer down the more page makes it a matter of a few easy clicks for your local news anchor to find a handful of local interest stories to run on May fifteenth.

But the people who run the website know exactly what they're doing, and it's an intentional ideological project to perpetuate the myth of the courageous, noble policeman doing America's most dangerous and thankless job, a job that is uniquely and outlandishly perilous, standing apart from any other profession, and that that's not true. That's not true. And for this I take you to another government agency's annual reports, the Bureau of Labor Statistics.

Speaker 3

Oh, I love this report. This is the best one.

Speaker 6

The Bureau of.

Speaker 13

Labor Statistics has consistently reported, I'm talking, you know, for the last thirty years, consistently since the nineties, a fatal workplace injury rate for police officers of around fourteen per one hundred thousand full time equivalent employees. You know, it varies year to year, but it's consistently a little under fourteen per hundred thousand. And of course, yes, that is higher than the now average for all labor categories.

Speaker 3

So for all workers.

Speaker 13

In the US, the workplace fatality rate is about three point seven per hundred thousand, So the cops are dying at a rate of four times higher than the average worker. And of course it's more dangerous if your job requires driving all day most of these cops die in car accidents. Or if your job involves mishandling a firearm every day, of course it's more dangerous to do that than it is to do data entry or be a cashier. I mean, obviously we do not have a high mortality rate for

the average desk job. But while it is more dangerous than being a receptionist, policing doesn't even crack the top ten for most dangerous professions. Loggers are seven times more likely to die on the job. Roofers are more than four times more likely than a cop to die due to a workplace incident. Being a fisherman is more than three and a half times more dangerous than being a cop. General construction work is more than three times more dangerous

than police work. Delivery drivers are more than twice as likely to die at work than a cop. It is more dangerous to be a day laborer on a farm picking fruit, or to drive a garbage truck. Being a cop has a similar level of risk of death by workplace incident as being a groundskeeper, So it is about as safe as being the guy that cuts the grass at the park.

Speaker 4

Yeah.

Speaker 6

And I think there's a real issue with a labor reporting for like the category of farm worker, because whenever you see data that says like farm worker, that can either mean someone who's actually a farm worker, or it can mean like a guy who sits in an air condition office every day. And even the bure of Laboristics is not very good at actually sifting those out because there's been a sustained effort by like farm owners to make sure this data is like as non transparent as possible.

So I am I will say, I am fairly confident. I cannot say this is nasty effect. I am fairly confident that farming is actually significantly more dangerous than the real labor statistics says, so like it is so much more dangerous you like pick your food that it is to be a cop.

Speaker 13

And because I think for a lot of industries there is a lot of incentive to underreport workplace accidents, I think policing is one of the only industries where they are incentivized to over report accidents. Right, So the data is I mean, even for as skewed as the data may be at the point of entry, it's still a lot safer to be a cop than it is to drive a truck.

Speaker 14

And this is with the numbers of them like falling into a puddle.

Speaker 6

Right.

Speaker 13

Well, so I think the Bureau of Labor Statistics is probably using something closer to the FBI numbers, Okay, which is still I mean, you know, on.

Speaker 6

The other hand, cops are the biggest babies about this in the entire world.

Speaker 13

Because they can't paid leave. If every time you had a booboo at work you could just go home for a week, you'd do it too.

Speaker 2

Yeah.

Speaker 6

But also, I mean, just like in the media, it's like these people never shut up about how dangerous their job is, and it's like your job is more safe than like most of the actual hard jobs people work, like please shut up, Oh my god.

Speaker 13

And the one thing that all those jobs have in common, aside from requiring you to be braver, smarter, and stronger than a cop, they don't typically come with platinum level healthcare paid leave for minor booboos. State subsidized life insurance, a pension, a discount at the coffee shop, and a license to kill.

Speaker 3

Do you know what else has a license to kill?

Speaker 13

Okay, I was gonna say, before we get into really honoring our boys on this special day, I think we should take a quick ad break that is hopefully not an ad for the Washington State Patrol. Okay, And with all that background out of the way, would you care to join me in commemorating some of the officers our nation is honoring this National Police Week.

Speaker 14

This is what I came here for.

Speaker 3

Yeah, so excited.

Speaker 13

Now, before we get into the handful I picked out for us today, I want to be really clear for the boys over at the officer down memorial page, because their website specifically prohibits the use of their content for commercial purposes. So I will say I found these names on their website, but I don't trust their methodology enough to take their content at face value, so I wouldn't use it as a source anyway, even if I were

allowed to do that. So for each of these vignettes, I pulled original contemporaneous local reporting on the incidents, and in some cases actual court records, so you can't get me. In twenty ten, Saint Joseph, Missouri police officer Dan Dacry was participating in a training exercise. During a break, he and another officer put down the training weapons they've been using, which were loaded with something called simmunition, So simulated ammunition.

It's not real bullets, it's a plastic, non lethal object that goes.

Speaker 2

In the gun.

Speaker 13

Before leaving the training facility, which was a recently closed elementary score to walk to a nearby convenience store to get a soda, the officers put down their training weapons and holstered their duty weapons. So to walk down the street to get to the seven eleven, they needed their real guns, so they put their real guns back on in case they encountered any emergency situations. Yeah, in case, you know, in case they saw it. We'll get to

a dog, so they holstered their duty weapons. Upon returning after their break, drinks in hand, officer to Cry asked his colleague, officer Jason Strong, to shoot him with a simmunition round because he wanted to know what it would feel like.

Speaker 14

Oh my gosh, that's just a beautiful desire, you know, just curious.

Speaker 13

He's just curious, you know, a day would be curious, and so officers Strong drew his weapon and shot officer to Cry in the back. I guess they both forgot that they put their real guns back on and not their training weapons. So I don't know if you ever may you probably know this, but the if it's not a real gun, if it has fake bullets in it, if it is a training object, it has an orange tip.

Speaker 14

I was going to ask that. I was going to ask, you can't look identical to a real gun.

Speaker 13

They're easily visually distinguishable for an important reason. And I guess he didn't look so he pulled it out and shot him in the back, and the officer Decry died later that day.

Speaker 14

Wow incredible.

Speaker 3

Well.

Speaker 13

Later reporting on the incident indicates the department did say they were going to revise some of their policies regarding standard procedure for checking weapons in and out at training exercises. So you have to check your weapon in when you get your toy gun, and then you check it back out. They did not do that previously, but they revised those procedures and declined to comment further. The officer who killed Dan Decry was not charged and remained with the department.

Officer Decrai's family received a settlement of three hundred and seventy six thousand dollars from the City of Saint Joseph. Again, settlement money does not come from police departments. It comes from the municipality. It comes from just the taxpayers. It does not affect the police's budget to do this.

Speaker 14

That enrages me.

Speaker 6

You know, to give to give credit to that guy, though, actually hitting your cop, hitting their target on the first shot is pretty remarkable.

Speaker 3

That that is a shooting.

Speaker 6

The guy in the back on the first tries a pretty remarkable feet of cop marksmanship. So maybe for his knee though that's true, we don't know he was heading for the back.

Speaker 13

It's just remarkable. I just want to know what it would feel like.

Speaker 14

I wonder how close he was too. He must have been close.

Speaker 13

Yeah, I imagine there was sort of a conversational distance.

Speaker 14

That's insane. That is just I cannot well, well.

Speaker 13

Well, well, our next story of a cop who should not have gotten wet. It was not actually even about a cop. In two thousand and seven, David Polling drowned

in the Ohio River. Polling, Who's thirty two at the time, had previously been employed as a police officer with the Gallipolis Police Department and at a different time as a sheriff's deputy with the Galia County Sheriff's Office, So by thirty two he's been both a police officer and a sheriff's deputy, but he is neither of those things anymore. In two thousand and seven, he was working as a

parole officer. In the reporting from the time, it's not actually clear why he was present, but he was nearby when a police officer stopped a pedestrian on the sidewalk and frisked him because he suspected this man may have just come out of the house where he believed drug deals were being conducted, so he's doing a stop and frisk on a guy mined in his business. The man was not charged with a drug offense when this was

all over, so I guess they didn't find drugs. But during the encounter, the man bolted, and Polling, who again had a cop just a guy who's nearby, chased after him. The man jumped into the Ohio River, and Polling jumped in after him. The suspect, Joseph Harris, made it quickly to a small island in the middle of the river, but polling immediately after hitting the water, sank and disappeared.

Speaker 6

No, he did not.

Speaker 13

It took hours for divers to recover his body.

Speaker 14

When you said they didn't float, that wasn't a joke.

Speaker 13

No, he just disappeared, like the second was the water. He was just gone.

Speaker 2

That is.

Speaker 14

Comical. I can't believe that's real.

Speaker 13

Like, did he not did he know he couldn't swim?

Speaker 6

He could float?

Speaker 4

Like what?

Speaker 14

He just stuck down to the bar.

Speaker 6

It's it's so good too, because it's like, you know, you could attribute this to just purely like the first story of a drowning, where it's like, Okay, the cop clearly went into a situation he shouldn't have been in because he's a cop and doesn't think about, oh wait, the ways you get to kill people.

Speaker 3

Like No, clearly this river was symable. The other guy made it made.

Speaker 13

The other guy was fine. Well, the other guy was fine until they charged him with manslaughter and he did four years in jail.

Speaker 14

Oh but he was but wait, this is the guy that didn't have was in charge with drugs but was charged with man kind of.

Speaker 6

A bad slaughter because the other guy jumped in.

Speaker 14

Wait for manslaughter for the cop that sunk.

Speaker 13

Yeah, yeah, wow, but like some guy who's not even a cop is just chasing you. That's kind of on him. Yeah, he was convicted of manslaughter.

Speaker 14

That is I hate that. But also can you just imagine just this cop like Mario, jumping into like a river and just completely just like like the video game sound and the bottom.

Speaker 13

And you do have to wonder how he had worked for two different police agencies and then didn't work for either of any more by the age of thirty two.

Speaker 4

I did.

Speaker 13

I did a little looking. I couldn't find anything about that, but it's it's an unusual career trajectory.

Speaker 6

Yeah. Yeah, it's like he's getting bounced down to lower leagues every time.

Speaker 3

It's like, howre you that? It's you're a cop? Like, it's how do you screw that?

Speaker 2

Up? Right?

Speaker 13

It would seem that he wasn't a cop anymore because he wasn't allowed to be a copy. Yeah, And now this third one is the one that I had in mind when I first started writing this episode, and it's really just on its surface, kind of the perfect encapsulation of this foolish project, right, it's got a guy getting shot in the crotch. It's got a cop trying to kill a dog. It's got a dirty cop. It's got a cop staying on the force after a string of

expensive mishaps. This is just policing. But when I started looking for primary sources about this incident, actually just kept getting weirder. And now I'm kind of down a new rabbit hole of got some requests out for more documents. I'm gonna figure this out. Something happened here. But before I tell you about Officer Henry Macalene and Junior, we'll

take another quick ad break, all right. I hope he used that ad break time not only to think about products and services, but to reflect on the sacrifice of the parole officer who drowned in the Ohio River. On August twenty first, two thousand, Miami Dade Police officers Henry Macalene and Junior and his partner Ittala Elias responded to a request from a home alarm company to check out what turned out to be a false alarm at a

residential home in southwest Miami. Arriving on the scene, they found no sign of a break in, nothing unusual, and no one answered the front door. Normally a cop would probably just leave. They don't really like working. They don't really like doing their jobs. It's hard and it's boring, and they have candy Crush to play Molly.

Speaker 14

It's dangerous, it's dangerous.

Speaker 13

It was a weekday, afternoon in a nice neighborhood in Miami, but the home belonged to a retired Miami police detective. So they took you know, they did the extra mile. So, after determining there was no sign of the breaking out front, no one answered the door, they went around the back of the house and entered the backyard, where two rottweilers quote came running at them. According to a South Florida Sun article that week, Macalenan pulled out his expandable baton

and began beating the dogs. Really just doing their job in their own backyard.

Speaker 2

Yeah, yeah, like that.

Speaker 6

That's the normal thing that happens when.

Speaker 3

You walk towards a dog, is it runs towards.

Speaker 14

You're invading its territory. You shouldn't be there.

Speaker 13

You gotta figure a guy who has a home alarm system and two rottweilers like that, is that dog's job?

Speaker 6

Yeah, yeah, yeah, I keep thinking about that, uh, that picture of Mike Bloomberg when he was running in twenty twenty.

They were like, he just grabs the dog's face. Oh yeah, where It's like there's just something like on a fundamental level, like we co evolved with this animal, and like if you like cannot do the basic this is a dog and your response is like I'm gonna grab his face, or your response is I Am going to beat this dog up with a baton, like you have somehow fundamentally failed at like the process of being human.

Speaker 13

And also like if the dogs are immediately reacting to your presence in the yard and they were not previously reacting to anything, maybe you could assume there was no break in. Maybe you could assume the dogs have it covered and you maybe don't break into the yard. But our boy, Henry, he's beating these dogs with a stick, and I guess maybe he was struggling, so his partner, officer Elias, drew her service weapon and attempted to shoot

the dogs as he is beating them. Wow. Now, we talked before about some problems with aiming, right, cops don't have great marksmanship. When you're talking about a complicated physical situation, right, they're sort of entangled. The dogs are small, the man is big. She shot him in the dick, so he's beating these dogs. She shoots him in the groin. It doesn't say what happened to the dogs, but it doesn't indicate she fired her service weapon multiple times, so maybe

she just shot him and then put it up. He was airlifted to the hospital to undergo emergency groin surgery, and he did survive. Oh mackalleenen continued to serve with the Miami Dade Police Department for another sixteen years, and he was still with the department when he passed away in twenty sixteen at the age of sixty six. His own obituary does not list a cause of death, only that his wife was at his bedside for thirty six

days before he passed. The first mention of macleen in's passing being a line of duty death is in a National Police Week local news piece the following year, which lists his cause of death as accidental gunfire. A year later, in twenty eighteen, a Police Week story indicates that he was quote killed by gunfire on the date that he died in twenty sixteen, it's not until years later that you start to see claims that his cause of death was due to complications from the sixteen year old wound.

So it's not clear where that claim even originated. But he did die sixteen years after being shot, and during those intervening sixteen years, he was well enough to continue to serve on the force.

Speaker 14

I mean, if you know, if the family went with that lie, maybe they got money out of it. I don't know.

Speaker 13

I guess it's possible.

Speaker 14

Well, I mean, there was what else, What other motive is there other than I don't know.

Speaker 13

I see an indication that there was a wrongful death lawsuit. After he died. He did file a civil lawsuit in two thousand and four against the homeowner retired Miami detective Haysou's Karamas, but that was dismissed and he didn't even recover attorney's fees. He didn't get anything out of that.

Speaker 6

Wait, so he tried, so he started beating two dogs with a baton, and his partner shot him in the balls. Tried to hit the dog, and he tried to sue the guy whose house you broke into.

Speaker 3

I mean, this is incredible.

Speaker 13

If the homeowner hadn't been a retired potentially dirty cop. I found some articles in the eighties alleging that this, So I'm not alleging in the in the eighties, this officer Hasus Karamas, who is deceased now, but was suspended briefly during an investigation into a ring of Miami officers who were trafficking cocaine. Of course, I don't know how that turned out.

Speaker 6

Well, I mean probably it went fine, like well.

Speaker 13

Yeah, he didn't get fired because he was still at a force in nineteen ninety seven when he shot a guy during a traffic stop.

Speaker 14

Wow Christ, but no.

Speaker 13

His his lawsuit against the homeowner, the alarm company, and the woman who shot him did not succeed. Did not succeed.

Speaker 14

I mean, at least there's that he loved being a cop so much getting his or did I say Crosser cop? He loved being a cop so much as Crosser shot off and he doesn't stop him. I didn't stop him.

Speaker 13

I do have a request into the court clerk in Miami to see if I can so the documents are so old that they're not all uploaded on the court website, but I would like to see the original civil complaint because maybe it goes into more detail about sort of the severity of his injuries and the ways in which that he he truly suffered from this. Maybe that'll give us some more insight into how it killed him.

Speaker 6

Sixty years later.

Speaker 13

So hopefully, hopefully the clerk in Miami gets back to me with that, because I do want to know what happened.

Speaker 2

To the dogs.

Speaker 14

Oh yeah, that's all I really care about there now.

Speaker 13

The officer who shot Macalene and in the crotch, Ittala Elias, had been on the force for about five years at the time of the incident. In that time, she had wrecked her patrol car six times wow, injured her hand slamming it in a car door, and racked up fifty thousand dollars in workman's comp and medical expense reimbursement after falling off a bicycle during a training exercise.

Speaker 2

Oh.

Speaker 13

As of twenty twenty two, Ittala Elias is still an officer with the Miami Dade Police Department, earning one hundred and eight thousand dollars a year.

Speaker 14

Wow, that's just I mean, I wonder how many more car accidents she's she's been in. If that was her record in five years. Wow, that's impressive.

Speaker 6

Like, I am trying to think of another job that you could keep after crashing your car six times.

Speaker 13

On the j I'm shooting someone in the dick.

Speaker 3

Yeah, chid cops, well, cops.

Speaker 6

Cops have the kind of job security that was previously reserved for like workers in state owned industries in Maoist China. Like no one else has ever had this kind of job security before.

Speaker 13

And so I will end our stories here because Sophie will put one of us in the pit if the episodes keep coming out over an hour long. But there are an unbelievable number of stories of cops getting hurt doing shit they were not supposed to be doing. A cop who died because he didn't know which antibiotics he was allergic to when he went to the hospital because he was messing around with an injured feral cat and got scratched the fuck. A prison guard who tripped in

the wreckyard and hit his head. A shocking number of accidents at the shooting range or during training exitizes.

Speaker 14

THEASE wan know what it felt like. THEASE want to know what it felt.

Speaker 13

Like, including one very weird one where they were role playing a scenario and so these were cops in the Gaming Commission, so casino cops, but during a training exercises, During a training exercise, they were role playing a scenario where one of the cops was being attacked by an assailant, and he was supposed to, you know, roleplay it out right. They're pretending this is pretend they're in a conference room.

But he got scared and drew his real gun and really shot and really killed the director of the Mississippi Gaming Commission. Almost every cop death was completely preventable. They're careless and they're reckless, and they're doing shit they should not be doing. They're counting normal wear and tear, like knee injuries and heart attacks as though these are noble

deaths of martyrs. And it's all part of this ideological project of myth making around American policing, right, because you have to believe that this is a uniquely dangerous and frightening job only the bravest boys can do. Because they're under so much risk, they have to react the way that they do. They have to react with extreme violence.

They have to shoot first and ask questions later because their job is just so dangerous, Right, And I think it's interesting as we drive to a clothes to draw a comparison here, right, because they react with great violence against us because of their fear of imaginary violence that

they might face. So the FBI prepares this meticulous report every year with rigorous and mandatory data collection processes, so we have a comprehensive set of data about not just every cop who dies, but every cop who is assaulted on the job. The LEOCA report includes on the job assaults and injuries, so we have a very clear idea of how much violence and how many accidents cops are exposed to, mostly in the form of single car accidents.

Speaker 8

But we have the data.

Speaker 13

There is no equivalent data for the kinds of violence police perpetrate on others. The FBI only started collecting information for the National Use of Force Database in twenty nineteen, and participation in that data collection process remains optional.

Speaker 14

Yeah, three years ago, four five, what year it is.

Speaker 13

That was revoluntary. It's voluntary. So police departments do not have to tell anyone, They do not have to tell the federal government when they kill someone. They don't have to report that. So comprehensive data on police killings is something that only exists when newsrooms and nonprofits scrape the

information together on their own. The Washington Post has a very thorough police shooting database, and nonprofit websites like Mapping Police Violence do their best to document each case, but even they admit they aren't capturing every fatal encounter with police. So while the FBI reports literally just a few dozen officers a year fall into the feloniously killed category in

the Leoga report, so not the our accident one. So there's a few dozen actual killings of officers a year, we can only hope to know the names of the average of over twelve hundred people who are killed each year by a cop, and that does kind of send

a message about whose lives matter. So as you celebrate National Police Week this week, I guess you'll be hearing this on Friday if you listen to it the day it comes out, just take a moment to remember our brave boys like Lonnie Burton, who tripped on a curb outside of the Wayland Baptist University police station and later died of complications, or brave officers like Trooper Jack Holland who died because he was allergic to yellowjackets, or officers

like Deputy Sheriff Joseph Baka, who was trying to tackle a suspect to the ground and fell into a bee's nest. It turns out he was allergic to bees.

Speaker 3

It's beautiful, coach.

Speaker 13

Yeah, I should have I should have asked you both your hometown so I could get you a local boy, because one of my favorites is patrolman Billy Toot. Billy Toot. He was a jailer in Richmond who died when two inmates were trying to escape after they obtained pistols that were smuggled into the jail inside of a baked turkey. That just sounds like a cartoon.

Speaker 3

Hell not how it worked for them?

Speaker 13

Yeah, well it it was in nineteen thirty four. I don't think you could put guns inside of a turkey anymore.

Speaker 14

I just have a whole turkey as security detector or something.

Speaker 13

But yes, And I hope you're all having a safe and healthy police week and that you celebrate that by not encountering any policeman.

Speaker 1

Hey, we'll be back Monday with more episodes every week from now until the heat death of the Universe.

Speaker 13

It could happen here as a production of cool Zone Media.

Speaker 11

For more podcasts from cool Zone Media, visit our website cool zonemedia dot com, or check out on the iHeartRadio app, Apple Podcasts, or wherever you listen to podcasts, you can find sources for It could happen here, updated monthly at coolzonemedia dot com slash sources. Thanks for listening.

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