Freedomedia

December 18th, 2006

A Canary in a Coal Mine

Posted by Insurgent in Posts from Prison

Note from Len:I missread the last word of this entry when I posted it. I thought the word was “dumb”. It wasn’t. Restoring the correct last word changes the message of the piece significantly.

Although my plight has garnered some attention from the media, some people have been left to wonder why the story has been neglected by much of the mainstream press. The simple answer is that I am the canary in the coal mine that they are afraid to acknowledge.

Canaries were used in mine shafts to act as early warnings that the environment had become poisonous – if the bird dies then the miners knew they would be next if they didn’t do something to remedy the situation.

As an independent jouralist and videoblogger, I am more vulnerable than my corporate equivalent. As an individual who focuses on civil dissent, this is doubly so. By throwing me in jail and asserting my rights as part of the free and independent press guaranteed in the constitution, I should serve as a warning sign of things to come. It should trigger alarms to journalists far and wide; to some extent it has.

At the same time, the mainstream media has not exactly embraced the so-called “citizen journalist” movement with open arms; some are afraid their careers may become obsolete. It may be a result of this defensive attitude that many news outlets have turned a blind eye to my situation – after all, I’m not employed by a multinational media conglomerate, so how can I be a “real journalist”? But like that canary, my situation is only a precursor to what is likely in store for the future.

My fear that I will have to tell my children about the days when there was a free press is not unfounded; it is a fear that did not materialize when the FBI showed up at my door. The experience has simply been the confirmation that I expected would come sooner or later.

But when I do have children, at least I’ll be able to tell them that I did what I could to sound the alarm. I may be a canary in a coal mine, but I’m not dead.

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31 Responses to ' A Canary in a Coal Mine '

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  1. Viktor said,
    on December 18th, 2006 at 4:26 am

    Kid,

    I read your story in leftwing rag in Tampa. Sound to me like you not want to give government evidence of crime. Part of your comments make me thinks yo do not want to be stooge or “canary” to sing. Then you say government not pay you to be stooge or “canary.”

    Which is it, comrade?

    Sing it along with me. “I’ll be home for Christmas IF ONLY IN MY DREAMS.” Haha.

    Viktor

  2. Clintus said,
    on December 18th, 2006 at 8:41 pm

    Great point here man.

  3. Liz said,
    on December 19th, 2006 at 7:52 am

    Gentlemen, try reading a little more about this case. The supposed crime that enabled the FBI to put this into a federal court NEVER HAPPENED according to the SFPD’s own police report. The US Attorney has yet to figure out a substitute crime they can legally investigate. Josh is not concealing evidence of a crime. He is standing by his principles as a journalist and a citizen. When Josh compares himself to a canary in a coal mine, he is referring to his case as merely a harbinger of larger journalistic repression that is already here and will probably get worse before it gets better.

  4. Viktor said,
    on December 19th, 2006 at 9:31 am

    And what pinciples might be? The right to cover up crime? There is no journalistic repression in America. except in journalism classes run by marxist professors hate America

    Tell the boy give up the tape. Yawn.

  5. Len said,
    on December 19th, 2006 at 5:07 pm

    A Truly Prescient Post

    Consider this: Army Subpoenas Oakland Journalist in Watada Court Marshal

    By Judith Scherr

    Freelance journalist Sarah Olson does not want to
    testify at First Lt. Ehren Watada’s court marshal in
    February. At around 8:45 a.m. on Thursday, she
    received a subpoena from the U.S. Army telling her to
    do so.
    more…

    Turns out she’s not the only one the federales are coercing, either. Josh called this one right, I’d say.

  6. alma said,
    on December 19th, 2006 at 5:27 pm

    Every time some has criticism to post they can’t seem to address the subject of Josh’s case fully and these posts are often filled with childish sarcasm. This isn’t about covering up a crime, there was none because the cop car was never set on fire. The only crime is the one being committed against us, it’s the crime committed by the federal prosecutors and those that back them who willfully ignore a principle that is considered to be a pillar of what this country bases it’s self off of. That principle is freedom of the press. And there is no freedom of press if the government is able to take the materiel of a journalist whenever they damn well please. To repeat what’s been said: a journalist cannot act as a free agent for the government, that’s not their job.

    This is my favorite of Josh’s blogs posted yet.

  7. Scott said,
    on December 20th, 2006 at 9:52 am

    Let’s say you’re a journalist and you witness a horrible hate crime. Oh, say like Matthew Shepard who was tied to a fence, beaten to a pulp and left to die a solw death. And let’s say you’re too much of a coward to intervene, so you videotape the ordeal.

    Would you be a free agent for the govenment then?

    This is about consistency. And I doubt most journalists are. They’re overwhelmingly leftwing in their politics.

    And no, the First Amendment does not apply to witholding evidence. You have the Fifth Amendment right not to incriminate yourself, but get over it–you may be supoenaed (sp)in a case not to your liking. You may purjure yourself and lie, but if you refuse to testify or withold evidence, you may be held in contempt of court and jailed and miss Christmas……..

    Sarah Olson may be supoenaed to testify to the truthfullness of a journalistic piece. As an engineer, I could be forced to testify about something I had designed whether I like it or not.

    And Josh may be ordered to hand over the complete and UNEDITED tape whether he likes it or not.

    Your agument is non-sensical and non-existant.

  8. sue said,
    on December 20th, 2006 at 10:29 pm

    Thing that is so frightening here for people who believe that a free flow of information is necessary to the functioning of a democracy ( that is, founding fathers decreed that:
    a)democracy requires informed citizens who can participate in civic life,
    and
    b)power needs to be checked, and the powerful, when they
    act against the interest of the people, must be reported on so that the people of a democracy can decide to remove them from power) ,
    thing that is so distressing in josh’s case
    as well as in the upcoming Watada case, is that the protections offered by the constitution to the press are being obliterated. The press is the only profession offered such protection by the founding fathers.

    Sara and the three others who have been subpoenad to testify against their interview subject are not providing ‘evidence’, they are being clearly targeted. Why is the military court going after Olson for her truthout post, and a small hawaii paper’s writer, when Watada’s material was reported in many mainstream papers?

    great post, josh.

  9. Scott said,
    on December 21st, 2006 at 4:00 am

    The military is not “going after” Olson for her article. They merely want her to testify that it’s true.

    Olson obviously resents the military and its treatment of the coward Watada (I’m a vet, I can say that) so she’s refusing to cooperate.

    As Josh knows, you can go to jail for contempt of court charges.

    Bottom line, Josh and this Olson woman won’t even be footnotes on footnotes on footnotes of history.

  10. t.g. said,
    on December 21st, 2006 at 12:02 pm

    Being from the historic coal capital of the united States, your metaphor truly hits home. I often consider myself a sacrifical lamb of sorts for what I do.

    If you don’t know the story of , you should check ‘em out. Sad story, but a story of strength and conviction none-the-less. I had a prof. who said the corner market in the town she grew up in (in what was then East Germany) had tributes to this group all over. Apparently they are quite famous all over Germany for the sacrifice they made.

    Keep your head up. Thanks for what you do. Peace – t.g.

  11. t.g. said,
    on December 21st, 2006 at 12:05 pm

    html didn’t work.
    missing part after “story of” should read, “Hans and Sophie Scholl and the rest of the White Rose of the Resistance crew”

    thanks/peace – t.g.

  12. does it matter? said,
    on December 21st, 2006 at 6:17 pm

    Well to be absolutly honest I think everything sorrounding this entire video is rediculus. All this nonsense about what laws are broken and what laws arent broken. Its just another thing we can use to confuse ourselves on what is really happening in our world. We must focus on what is, and not hype. Think about people as a whole, or atleast in the US I see the minds of the population completely minipulated and used to destroy any true unity among our people. What is the truth about government politics, we dont know, so why dont we stop trying to pretend we do. If everyone insists on arguing about irrelivant information why dont we discuss the comodo dragon that was born in the UK a couple of days ago to a virgin mother? My point is to highlight how seperated we are as a world population. Forget right and left wing beliefs. Forget democrat and republican, the only thing that should matter in this world, to me and you, is people and we are the people. We will continue to get our civil rights and liberties revoked, and continue to have senseless issues such as this plauge our minds, and our energy.

  13. Liz said,
    on December 22nd, 2006 at 8:51 pm

    Scott, Josh and Sarah Olsen may not be footnotes, but they are definitely foot soldiers fighting to protect our first amendment rights here at home.

  14. Does it matter? said,
    on December 26th, 2006 at 6:30 pm

    Exactly, thats why its our responisbility as citizens to support and help them. We dont nessisarally need to support their movement, however the controversey against it demonstrates our ignorace as a population. The problem is much bigger that what they are suggesting. If you think about 10 years ago, the amount of knowledge known to man was substantially less. As a result of the internet and other sources of intellegence; in addition to other improved forms of basic intellegence such as weather forcasting devices. Yet our people are still drowing, litterally.
    If you want to think about the ideas of contemborary issues, most people can see the fear and upheval of the population toward the conduct of the world governments (example, josh wolf-to be confiscated video).

  15. Nan McCune said,
    on December 26th, 2006 at 10:39 pm

    I have followed Josh’s story from here in Eugene, Oregon…where many innocent folks have been subpoened to grand juries related to the “ELF Terrorists”, as well as local/northwest protests against WTO/G-8 issues. Since the Seattle protests, many Eugene activists were identified by videos such as those Josh is refusing to turn over. These subpoenas HAVE been used as means of fishing for more information…people have been threatened, terrorized and intimidated based on nothing more than that they “MAY” have been identified as having been @ protests. (where said independent media videos were confiscated by the police)…or, they might have “known something about someone who was!” We understand all too well what is at risk with cases such as Josh’s!
    I consider myself a pacifist, having bowed out of “power protests” after some violent experiences in the 60’s…but, I still use my voice to protest against wrongs such as these, where and when I can. In the current political/judicial climate, we will see many more such cases of journalistic and individual repression. Most of them will somehow be coloured as “relevant to law enforcement” or “protection of our security” under that broad umbrella of “terrorism”..If we accept the premise that the government has the right to commit judicial wrongs to investigate innocents in order to prosecute the guilty involved in criminal activity, we have given up any hope of true justice! I have posted banners on all of my sites to inform others. I encourage everyone to get more informed about Josh’s case..and, other cases that invoke questions about these abuses of governmental authority! Everyone’s CIVIL RIGHTS are at risk when one of us falls by the sword of injustice!
    ~Namaste~

  16. Scott said,
    on December 27th, 2006 at 10:06 am

    Liz,

    I have a copy of the Constitution and the Bill of Rights.

    Can you please refer me to that portion that delineates an idiot’s right to hold himself in contempt of court by protecting home-grown terrorists?

    To Nan,

    I’ve seen first-hand the damage, environmental as well as property, caused by ELF. I’ve seen first-hand the death caused by ALF and their front, PETA. (Go to PetaKillsAnimals.com)

    You may say you’re non-violent, but these groups are certainly not. If you protect them, as Josh is, you’re as guilty as someone who protects those individuals who shoot abortion providers and blow up abortion clinics.

    Works both ways.

  17. Liz said,
    on December 27th, 2006 at 10:44 am

    Gee, Scott, let’s start with the first Amendment: Congress shall make no law representing an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

    When unruly fans in sports get out of control and parade down the streets smashing windows, we have an equivalent level of violence, but no one labels them “homegrown terrorists”. Calling people “terrorists” is simply the governments way of labeling people who disagree with them. During Bush’s first administration his Secretary of Education called the National Education Association, “a terrorist group”. He later retracted his comment, but you can see where this goes, can’t you? In the 50’s and 60’s people were labeled “communists”, in the 60’s and 70’s, people were subjected to being spied upon by the FBI if they were anti-war activists. This administration has chosen to label people domestic terrorists. Before the last election Bush actually said that if people voted for the Democrats the terrorists will have won. Is that a statement that would be supportive of the right to dissent that our revolutionary forefathers fought so hard to establish?

  18. Scott said,
    on December 28th, 2006 at 4:32 am

    Liz,

    Okay, you can quote the First Amendment. Can you answer my question now?

    Unruly sports fans should be held accountable for their drunken acts of violence. But when they wake up the next day and get sober, hey, they’re SOBER. When a meber of ELF or ALF wakes up, he or she is still as much an INTENTIONAL TERRORIST as he or she was yesterday.

    Forget what Bush said, we’re talking about what YOU said. (But you may want to go to http://www.nrtw.org, which is the national right to work foundation, or google union violence and see how any sane person could come to the conclusion that many unions are terrorist groups. Since you mentioned it.)

    I can say it as often as it bears repeating: JOSH’S FIRST AMENDMENT RIGHTS HAVE NEVER BEEN ABRIDGED!!!

  19. Liz said,
    on December 28th, 2006 at 9:02 am

    Scott, if you really think that this nation’s teachers are terrorists then your politics are so far out there that I can’t find common ground for a rational discussion. Before people can discuss issues, they have to have some basis for agreement and I can’t find it here with someone who is so willing to label this nations educators and other union workers terrorists because you disagree with their political stand. In my opinion, my son is taking a principled stand to protect our first amendment rights to get the news reported to us, not just by corporate media, but by independent sources as well. You don’t see it that way. That’s fine. That’s supposed to be OK in America and I support your right to disagree.

  20. Scott said,
    on December 28th, 2006 at 9:56 am

    More people have been murdered or permanently disabled for crossing a union picket line than all the injuries sustained from abortion clinic bombings or shooting, but that’s not what we’re talking about. Besides, it’s not the educators Bush (and I, and many others including leftists like Eric Alterman of The Nation) has a problem with, it’s the unions and their corrupt leaders which have their own greedy interests above the safety, education and well-being of the children and even the educators they’re supposed to represent.

    Back when I was in college, some idiot wanted to talk (in class) about some idiotic thing or other. The prof wouldn’t let her, and this moron started shouting, “censorship!” and “free speech.” After this imbecile was removed from the classroom, the prof explained how free sppech does not guarantee you the right to be heard. And only when the federal government tries to tell you what you can or cannot say is it censorship. Barnes and Noble may refuse to carry anything it wants, and it ain’t censoeship. Years ago, 7-11 stopped carrying “mens magazines.” It wasn’t censorship, although a lot of people, including me back then, thought so.

    So, for the third time, since I hope we have a basis for agreement, I’ll ask you on what legal ground or constitutional ground is Josh being censored or his right to free speech being abridged?

    I’ll hear it graciously if you have it.

  21. Liz said,
    on December 29th, 2006 at 5:55 pm

    Hi Scott, I would be curious to know how many people have been killed or injured crossing picket lines in the last 10 years, if you happen to have that information.

    I personally know both the president and secretary-treasurer of the California Teachers Association and know the VP to a lessor degree and can assure you that none of them are pro-violence in any way. Barbara Kerr, the CTA president is a first grade teacher who has been known to lead the State Council of 600 educators in a resounding chorus of “Little Bunny Fo-Fo”, as close as she has ever come to violence that I can imagine.

    My understanding of the constitutional first amendment relating to the free press is that it outlaws abridging the freedom of the press. To me that means to publish or not publish information as well as to protect the identity of both sources intentional and unintentional, such as at a public gathering. The purpose of a free press is not to protect the press, it is to protect us, the citizens, to be allowed the knowledge that only a free and unhampered press can give us. Otherwise, we are left with a fairly tightly controlled major media press that may not be politically controlled (at least on the surface), but is clearly controlled by corporate advertising dollars.

    I believe that is why the government is so concerned about this tape, that shows nothing of what they alledge to have taken place (ie an attempted burning of a police car). The internet is difficult to control at best and that is why Josh’s description of himself as the canary in the coal mine is so accurate. It portrays the intentions of the government very clearly to those who are watching.

  22. Scott said,
    on December 30th, 2006 at 11:44 am

    Happy New Year, Liz,

    With all due respect, your understanding of the First Ammendment is flawed. As I mentioned in an earlier post, if you are in possession of evidence of a crime, you may be held in contempt of court if you refuse to testify or hand over that evidence. You may not like it, but that’s the law.

    Changing the subject, just google “union violence” or “enmons,” which was the Supreme Court decision which exempts union (mob) bosses from prosecution for crimes carrie out in the name of “legitimate union objectives.” Since the 1973 decision, over 9000 instances of union violence have been recorded, with many more suspected of going unreported.

    SO whatever a union (mob) boss does, for example, from nilrr.org:

    Rod Carter, linebacker for the 1989 University of Miami Hurricanes and former 10th round draft choice of the Dallas Cowboys, continued to work during the nationally ordered Teamsters strike against UPS. When interviewed by a television reporter, Carter explained that he continued to work to support his family. Following his comments on television, Carter and his wife, Earthly, received a threatening phone call which phone records show was placed from the home of Anthony Cannestro, Sr., president of Local 769.

    The complaint says that on the following day, a car driven by Marcelo Rodriguez and carrying union militants Orestes Espinosa, Angel Mielgo, Werner Haechler, Benigno Rojas, and Adrian Paez pulled behind Carter’s UPS truck. Mielgo jumped from the vehicle, drew Carter from the truck, and began punching, kicking, and beating him. Espinosa, Paez, and Haechler quickly joined Mielgo in beating Carter. During the scramble, Rojas produced an ice pick and stabbed Carter six times. The union paid to bail out the assailants who, except for Rojas, never served a jail sentence.

    “Rod Carter chose to exercise his Right to Work. For that, he became a target for a union campaign of intimidation and brutal violence,” said Stefan Gleason, vice president of the Foundation, which is providing free legal aid to Carter.

    Today’s civil charges follow on the heels of criminal proceedings which resulted in the conviction of Rojas for “aggravated assault,” Haechler’s conviction of “attempted 2nd degree murder,” and conviction of Espinoza, Mielgo, Paez, and Rodriguez to “accessory after the fact.”

    However, the complaint filed today extends beyond the individuals involved in the physical beating of Rod Carter itself. The charges also implicate Cannestro, Sr. and union officers Rolando Pina and Joshua Zivalich on charges of Civil Conspiracy for condoning the attack on Rod Carter.

    Sworn statements show that in a meeting held a few days before the beginning of the UPS strike, Cannestro, Pina, and Zivalich organized a meeting of union members. At that meeting, the three union officials encouraged, authorized, and sanctioned the workers to engage in “ambulatory pickets,” which entail Teamsters militants stalking non-striking workers on their delivery routes for the purpose of harassing, intimidating, and interfering with their ability to do their jobs. Later in the meeting, union officials informed union activists that the union would provide bail bonds and legal representation should they be arrested by police.

    **********

    Oh yes, Liz, unions DO CONDONE violence. You seem like a very intelligent person. Please, like I do, read a variety of material from many different political viewpoints if you don’t already. Try TheNation.com and Counterpunch.org for the left; try NewsMax and DrudgeReport. They’re all intelligently written without being leftwing or rightwing.

  23. Liz said,
    on December 31st, 2006 at 12:15 pm

    Scott, I condone violence period. The only union I have ever belonged to is the teacher’s union and as a group, we are not prone to violence (otherwise how long would our young charges survive?)

    Josh did not witness a crime and has sworn an affidavit to that effect. The SFPD’s own report does not mention burn damage to a police car. The alleged crime didn’t happen, much less did Josh witness it. T

    he crime that did happen was a serious injury to a policeman and some serious injuries to protestors. Other than the officer seen on Josh’s public video choking Gabe Myers, who was not resisting arrest, Josh did not videotape crimes being committed other than some petty vandalism you can see in the public video, which the FBI has said they are not focusing on. Josh was filming at the other end of the demonstration when the policeman was injured.

  24. Rocket said,
    on January 1st, 2007 at 9:47 am

    I have no sympathy for you Josh, even though my nephews name is Josh Wolf. You basicly besmirched his name with your own ignorance. Here is where you and many other Americans go wrong. Freedom of speech is a right. Not a green card to abuse that right. Just because you have a freedom here in this country that other countries DONT have, doesn’t mean your bad judgment doesn’t have any consequences. Now you know what consequences of your bad judgment is. Having the freedom to do something, doesn’t relieve you of putting any thought or good judgment into your actions. It doesn’t make you immune to be ignorant or stupid, and it doesn’t protect you from going to jail by using your freedom to encroach, infringe, or deny someone else their freedoms. It also doesn’t give you the right to subvert a government, or the right to sabotage a governement, or to commit character assassination of others. Being free to speak your mind is not a “get out of jail free” card to demoralize or impune anyone elses rights, nor is it an immunity card. I am sure you are figuring this out in that cold cell of yours.While you are in there, maybe you should think about this. Lets say you had some sort of solution to the problems, rather than your current status of being part of the problem, and lets say you thought your solution was pretty damn good, then someone came along…and rallied against you, and felt that your idea was evil, and disallowed you to explain, OR you are never given the opportunity to explain your great solution, because they have the freedom of speech and can smear your good name at will, and rally America to hate you because they have a RIGHT to do so, Is this sounding fair to you? Probably not. Since you are right, even though you offer no solution, you have the right to speak even though you offer no solution, you have the right to subvert and slander even though you have no solution. Basicly…You are a grand stander in jail, while NIN is grandstanding on their musical talent and believing they too are immune. Basically what you boil down to is a kid who doesnt like something, throws a tantrum that he doesnt like something, and then justifies his actions for the tantrum on the right to do so, when in fact, its merely a freedom to have your tantrum and be heard, without being shot on sight (like other countries). Then you crossed the line, which has consequences, and there you sit, paying for your ignorance.

  25. JOHN said,
    on January 3rd, 2007 at 12:14 am

    Josh did not commit a crime. People can argue as much as they want but it is plain and simple. Everyone has a right to their own opinion but the facts are as clear as crystal and if any of you want to reign his/her ignorance in this site to release some of that foolish know-it-all bravado then I guess Josh has something to laugh about in jail (all in good fun Josh) but let it stand that the truth will be known and spread. I support you bro. Be strong. It could be far worse. I will pray for you and the other innocent victims of this devious government.

  26. Scott said,
    on January 3rd, 2007 at 4:30 am

    One may be held in contempt of court and be sent to jail regardless of whether one has committed a crime. Happens all the time.

    Hey, during the Clinton Error, people were rounded up and burned alive in their compound for exercising their right to free speech and right to practice their religion…

  27. Pavel Brain said,
    on January 29th, 2007 at 10:49 pm

    Drugs sucks!

  28. acewxukxe said,
    on March 26th, 2007 at 4:43 pm

    I mean, but c8w1 there is the long rows of formica panels and rubbed various parts. Is the rest of their full. c8wd Jenny glanced at.

  29. on May 19th, 2007 at 8:12 pm

    metal building cold play 8…

    Hi! http://5.tameoney.info/133_0.html . Thanks!…

  30. fajpuv said,
    on May 28th, 2007 at 11:49 am

    Who me there and i get it away. The olsen twins topless small intrusion made its.

  31. copcar said,
    on November 19th, 2008 at 7:37 am

    Great post…very on point….

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