USA – Public Security and Human Rights – Finding Nonviolent Paths

USA – Public Security and Human Rights – Finding Nonviolent Paths

“The time is always right to do what is right.” When it comes to large-scale violence among crowds, the United States of America faces complicated issues, but they are not impossible to mitigate, and to choose a path with respects law enforcement, public security, human rights, and works to find nonviolent paths for de-escalation of violence.

I. Recommendations:

  1. DHS and U.S. Government must identify law enforcement activities performed under Homeland Security Act of 2002, specifically, as codified in the U.S. Code, at 40 U.S. Code § 1315, “Law enforcement authority of Secretary of Homeland Security for protection of public property.”
  2. Federal facilities under attack in conflict zones must prioritize de-escalation for a period of six months, including the use of teleworking where possible. The U.S. Government should relocate personnel and resources to facilities outside of conflict zones for their human rights of public security. Court cases need to be transferred to other courts. Steel/concrete barriers must be increasingly implemented outside of federal facilities in conflict zones under attack to reduce damage to facilities owned by the U.S. Government, while reducing the need for physical law enforcement engagement with violent figures.
  3. Community de-escalation in conflict zones must also be a priority. Community leaders need to be engaged to urge a reduction and public rejection of violence and violent acts. Community leaders must be vocally and visibly seen as offering a path respecting shared freedom of expression, while supporting public security and equality (not privilege) under law. If no community leaders are available, then DHS must reach out to identify nationwide humman rights figures to support advocacy for nonviolence as a method of freedom of expression and support for public security.
  4. U.S. Government must use electronic, unmanned vehicle, and non-physical means to report on attacks in conflict zones, limiting the use of DHS law enforcement authorities as much as possible. To discourage violence against federal authorities, those documented in attack federal facilities must be identified and federal criminal charges processed in a court facility outside of the conflict zone.
  5. DHS must recognize that law gives them authority over the federal facilities, not the streets of their host cities. DHS law enforcement authorities must be fully briefed, with documented briefing on non-classified materials available for Congressional oversight, on their authorities and limitations of authority under law. This training must also clearly document education on law enforcement processes, Constitutional protections, Miranda rights documentation, and support law enforcement standard practices.
  6. DHS and U.S. Government must assess effective use of 40 U.S. Code § 1315 in coordination with local/state law enforcement agencies. The U.S. Government must define a clear “perimeter” of federal facilities for movement and action by U.S. Government law enforcement. DHS must assess and document a clear “perimeter management” process to reduce U.S. Government law enforcement going outside authorized law in protecting federal buildings
  7. DHS needs to identify vehicles with DHS Law Enforcement insignia, operating on behalf the DHS Federal Protective Service (FPS), with DHS FPS logos.
  8. DHS needs to identify individual law enforcement personnel with DHS Law Enforcement insignia, operating on behalf the DHS Federal Protective Service (FPS), with DHS FPS logos.
  9. DHS should provide unique identifying badge numbers on a database controlled specifically by the DHS FPS at the highest security classification. Given the ground circumstances of Anarchist extremist insurrectionists seeking to threaten the homes and familes of DHS law enforcement, their actual names should not be on their badges for their safety. But a unique identifying number documented in a federal database is necessary to track and monitor DHS personnel actions, and hold them accountable for their use of force.
  10. The U.S. Government and DHS need to listen to local / state government authorities and law enforcement authorities and remove any members of the DHS FPS accused of abuse of authority from conflict zone law enforcement team, while an investigation into the accusations is conducted.
  11. The U.S. Government and DHS must document and address clear and definable metrics for local and state government authority and law enforcement coordination regarding safety and law enforcement activities on federal facilities and personnel. It must be understood that de-escalation is not equivalent to abanadonment of federal government facilities, federal government personnel, and protections for the general public. Federal, local, state authorities must have agreed to metrics, or if agreement cannot be reached, federal authorities define metrics on public safety of federal personnel and facilities.
  12. The U.S. Government must designate to local and state government authority and law enforcement that division of roles in federalism does abrogate the responsibility of the U.S. Federal Government under 10 U.S. Code § 253 (Interference with State and Federal law) and 18 U.S. Code § 2383 (Rebellion or insurrection). The priority of coordination with local and state authorities are to prevent conflict zones from escalation to a point where such extreme measures are necessary for public security.

II. Background:

Responsible for Equality And Liberty (R.E.A.L.) has posted this message to specifically address the issues in Portland, Oregon among large-scale protests, which have targeted federal facilities. R.E.A.L. has long called for the U.S. federal government to protect the public, and of course, federal workers, from attacks by armed individuals who defy shared law and our universal human right of public security, using FORCE as their voice.

As R.E.A.L. has many times reported, R.E.A.L. rejects the forces of violence and urges the public and our authorities to use nonviolence. Beginning in January 2016, R.E.A.L. reported during the “Sovereign Citizens” Extremists (SCE) group takeover of the Malheur National Wildlife Refuge, Oregon federal refuge, R.E.A.L. urged the U.S. Federal Government to protect the public. The mishandling of this violent attack on law and public security nearly resulted in the deaths of many, with armed figures allowed to takeover federal government facilities, and then to use such facilities as a base to threaten the local public, courts, media, and schools. The SCE, led by Ammon Bundy, then sought to expand their violent takeover to other communities and parts of Oregon. It is nothing short of a miracle that there were not more deaths. The F.B.I. used what was left of its “law enforcement” authority to use F.B.I. intelligence informants to infiltrate the SCE group in Malheur, and give the extremists gun training, at an area of the refuge converted into a shooting range. The result of this disastrous handling of Malheur by its end on February 11, 2016, was that one of the extremists ultimately was killed in a shootout, and criminal charges were essentially dismissed for all of the SCE defendants in court. In simple words, it was a disaster.

But in 2020, the U.S. faces a totally different problem, with legitimate protests on human rights of black Americans as a result of public outrage over police abuse. Anarchist extremist infiltration in such protests that have stretched across the U.S. for nearly two months now has a much more serious and dangerous threat to shared human rights of public security and life. Instead of just one area of public conflict, the U.S. now faces areas in numerous areas of the country, with some extremist seeking only insurrection, not protests regarding human rights and change in public and law enforcement policy.

So four years later, in 2020, as Anarchist extremists infiltrate and corrupt protests on human rights for black Americans, it is no surprise that the FBI has not been brough back into this problem for yet another disastrous approach in handling. But a focus on using the Department of Homeland Security (DHS) Federal Protection Service (FPS) authorities has brought new problems.

DHS is using authority granted under the Homeland Security Act of 2002, specifically, as codified in the U.S. Code, at 40 U.S. Code § 1315, “Law enforcement authority of Secretary of Homeland Security for protection of public property.” This gives authority for the epartment of Homeland Security (DHS) Federal Protection Service (FPS). But the DHS FPS was only designated as a small contingency of mostly “security guard” level staff to protect federal buildings, with a handful of individuals per building. The DHS FPS was never designed or resourced to handle massive crowd threats of hundreds, even thousands of individuals.

There is significant political partisan discussion around this implemenation of 40 U.S. Code § 1315, but very little focused on law enforcement and human rights. In fact, the overwhelming number of commenters don’t even seem to acknowledge that this 18-year-old law even exists, and believes that the DHS law enforcement activity is a politically invented creation of the current administration.

R.E.A.L. is not a political partisan organization, and will not address the political debate. But there are real law enforcement and human rights issues that do need to be addressed outside of the political shout fest.

Given that DHS has limited resources under FPS, it has recruited from law enforcement in other DHS components including DHS Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) personnel. These pick-up merger of resources from diverse DHS agencies have not worked together as a team, do not have history in team organization roles and responsibilities, and does not have documented in-place processes to deal with urban crowds involving violence and riots. Predictably mistakes will be made, even if these DHS components are also working with a (relatively small) Department of Justice U.S. Marshals Service (USMS).

The implementation of the DHS “law enforcement” team to deal with crowd crisis aggressively attacking Hatfield United States Courthouse in Portland, Oregon has posed a specific and urgent issue for law enforcement and human rights individuals to offer guidance to de-escalate growing violence, abuse against public security, and abuse against human rights.

While Portland authorities will pretend this is only a federal problem, the reality is that the Portland Police and law enforcement has long had a problem in managing Anarchist insurrectionists infiltrated or taking the guise of “protest” issues to legitimize acts of violence and destruction. This is not a problem that began in May 2020, nor did it begin with the COVID-19 Coronavirus; this has been a problem for Portland literally for years, with a growing number of Anarchist organizations demonstrating with weapons, including automatic rifles in some parts of the nation. Portland has been a regular target for gang violence between Anarchist insurrectionists and white nationalist extremists. For too many years, the Portland Police have been directed to limit their involvement, while video after video after video has shown these violent gangs beating and fighting one another in the street – with NO Portland Police action.

The growing contempt towards public security, shared law, and law and order in Portland, Oregon has been the problem of YEARS of neglect, years of failure of local leaders to discourage and refocus frustration into positive, nonviolent methods of protests, and years of criminal literally finding that they can regularly commit violent crime without consequences. In Portland, this was a dire problem for years before the current U.S. administration came to office in January 2017. Those among the political partisans who seek to believe these problem suddenly appeared in January 2017 have simply decided to ignore facts and history.

As R.E.A.L. has previously documented, the U.S. has a history of over a century of Anarchist extremism and terrorism. Acts of violent anarchism has frequently affected the lives of Americans in terms of public security. In the late 20th century, the Anarchist Black Bloc movements sought to reinvent their identify leveraging the European “Antifa” identity. But despite the new title, the Anarchist Black Bloc violence and goals for insurrection (NOT human rights) have never changed.

So looking at Anarchist insurrectionism as simply another “law enforcement” problem with “protests” ignores what the actual problem is. There may be protesters, and there may be protesters with legitimate human rights causes. But the Anarchist insurrectionist that infiltrate those human rights protests have a completely different agenda, which is more in line with the Soveriegn Citizen Extremist (SCE) separatists, than any human rights cause.

In the current case of Portland conflict, the attacks on the Hatfield United States Courthouse and other federal buildings listed by the Acting DHS Secretary from May 31 to July 15, 2020 demonstrated 91 attacks in 26 days. This is not a problem with “unruly protests.” This is a focused effort by Anarchist insurrectionists.

We do not “protest” for “human rights” with sledgehammers, explosives, metal piples, metal baseball bats. This is not a human right protest, but the actions and tactics of violent insurrectionists. Magnified by the historical inability of Portland law enforcement to manage this local problem, the Anarchist insurrectionists have sought to intice U.S. law enforcement into overreaction to gain further rationalization for rejection of equality under law. The Anarchist insurrectionist goal is not change for human rights, but violent revolution and insurrection, which is a problem most law enforcement organizations are not prepared to address, let alone the DHS FPS, even with some additional resoruces from ICE and CBP.

As documented in detail in recommendations above, R.E.A.L. urges all parties to find a specific and clear path of de-escalation from violence.

It is essential that the U.S. Government and DHS work on a process to de-escalate conflict zones and find method and metrics of agreement with local and state government authorities to reduce the probability of conflict escalating to a point of extreme measures, which will undermine both public security and human rights.

Black Equality Matters Because All Equality Matters

Black Equality Matters, because without equality for all people in a society, we have abandoned the universal human rights, which are the foundation for shared law and democracy.  Such global commitment to equality is a bedrock of the December 10, 1948 Universal Declaration of Human Rights (UDHR) Article 1: “All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.”

There has been a great deal of focus on abuses and rightful anger and dismay, and calling for changes in addressing abuses. But along the way, we must not lose sight of the real message, which is not only lives, access, economics, but the protection and responsibility of Equality. That is the real goal we must all continue to stay focused on – to prevent rogues who seek to use moments calling for change to divide and undermine our real objectives – into paths for privilege and resentment.

In 2013, public frustrations over deaths of black Americans while involved with police activity spilled out into social media. The frustration was described as the Twitter hashtag “#BlackLivesMatter.” If the life (also part of the UDHR – Article 3) of any group is considered as expendable , our protections for equality are not being met.  Through 2013 through much of 2015, the debate was ongoing in the United States of America (USA) over the “Black Lives Matter” issue with police, and the issues of police violence and concerns about racial systemic violence.

Many fair-minded individuals like to believe that the USA has become “color blind,” when history and facts would tell us that this remains an ongoing “work in progress.” There has been, and R.E.A.L. has been a part of the efforts to make dramatic change in USA society, from racial desegregation, legal protection of rights from abuses, and a longer, more protracted societal effort to bridge the gaps of past divisions and even hatred among some.

Abraham Lincoln’s Emancipation Proclamation of January 1, 1863 was only 157 years ago.  Yes “only.”  In history, 157 years is actually a very short span of time.  Singer Tony Bennett is 93 years old.  Ringo Starr is 80 years old. Their grandfathers or great-grandfathers may have lived during a time before the Emancipation Proclamation.  While the final implementation of this Emancipation was implemented on June 19, 1865, the reality is that decision was made on January 1. It was a SHARED decision on January 1.  The goal of the Emancipation Proclamation was not only end the crime of slavery, but also to set a milestone in the USA in commitment to EQUALITY.

So yes, in merely 157 years, the USA will continue to have problems in equality, including but not only equality for black Americans.  When we work together for equality, we are working together on a historic path that our nation decided, hundreds of thousands gave their lives as martyrs, and which is the true legacy that the people in the USA must seek as Americans.

In the growth to overthrow the trappings of inequality, law enforcement has been a focus of many protests.  But that is only because it is the most visible.  Quiet inequality that seeks to deny, undermine, and oppress others exist in many areas of USA life. R.E.A.L. has seen this too often and too frequently first hand.  While working for the Department of Justice in a new legal system in 1982, I distinctly recall the shock I had in seeing a crime posted in a U.S. southern state law enforcement system “rape of white woman.” I immediately acted and had this changed.  But the idea that a law enforcement organization in 1982 saw nothing wrong with this, over 120 years after the Emancipation Proclamation, shows there was and has been system legal problems.

What is often forgotten is that thousands upon thousands, millions, of American people have worked tirelessly to CHANGE such inequalities in the legal and justice system.  The fraction of abusers are the ones who get all of the attention and the endless efforts by millions in the law enforcement and legal system over the years, to ensure Equality Under Law, is ignored.

There is no question that there are factual problems in racial disparity in parts of law enforcement and parts of USA society.  But those are parts, not the entire USA nation, not every person, not every police officer, not every organization, not every business, not every government organization.  

There is a very big difference between the “#BlackLivesMatter” hashtag on Twitter began in 2013 to stand in solidarity with those rejecting those instances of abuse and racial disparity and the official Black Lives Matter Network organization, with a number of leaders promoting Marxism, anti-capitalism, and other values.  The BLM Network and some of those involved in some protests have conflated the issue of law enforcement reform and justice with an anarchistic goal to overtake, undermine, and overthrow the institutions in the USA.  These are very different objectives.

It is also obvious that Anarchist and Communist disruptors have sought to latch onto BLM protests to further their divisive campaign against law, democracy, and human rights, as their only real goal is to disrupt – to leverage conflicts for insurrection. To those legitimately concerned about the core mission of law enforcement reform that was the nexus of the initial BLM hashtag protests, you have an obligation to chase away saboteurs of your demonstrations.  

That’s right. CHASE them away. Make it clear they are not speaking for you.  And CHASE away the advocates of violence and “violent revolution.”  Make it clear they are not speaking for you either. It is very common for the Anarchist and Communist to find any discontent to use for disruption. R.E.A.L. recalls an event we had in challenging Iran on a scheduled stoning of a woman, where Communist disruptors showed up.  What did we do?  We chased them away.  This is what you HAVE to do.  They are not your allies. They are not there to help you. They are not advocates for equality. Their only goal is disruption to aid them in keeping us from reaching actual progress, and advocates for violence are there to satiate their hate and lust for violence against their fellow human beings.

If you cannot CHASE the Anarchist, Communist, and advocates for violence away, then follow Dr. Martin King, Jr.’s example and lead with your feet.  WALK AWAY.  Do not let your legitimate issue get hijacked by disruptors and criminals.  Manage your message.

To those being swayed by the Anarchist, Communist, and Violence advocates, the facts remain that the USA is and has made very significant changes on EQUALITY through our history.  The change in equality may not work at the speed and pace that we want.  But we can continue to get it to work. A key factor is to stop taking steps backwards, by allowing advocates of violence, hate, and insurrection to manage the message for equality, because they are NOT equality advocates.

The reality is, and Thank God for it, you do not live in the USA of my childhood, or even the USA where I was a young man. You simply do not. It is a fact.  You do not have to be assaulted with signs that designate only certain racial clientele are allowed to go into restaurants, hotels, bars. You do not see the obscenity of separate drinking fountains and restrooms. The idea that your race decides your future has increasingly been a thing of the past, with people of all races leading major USA business, governments, law enforcement, and other leadership organizations.  This is absolutely NOT the USA of my childhood, with Dr. Martin Luther King, Jr. marching in the street for a basic Civil Rights Act. USA has gone from having black men protest in front of the White House to black men running the White House.  The USA has many, many serious problems in growing to meet its obligation of equal rights for all of its people.  But let us not deceive ourselves, the USA is NOT the nation where Lincoln had to fight for the Emancipation Proclamation, to end slavery, the USA is NOT the 1960s and 1970s.  

We must continue to find HOPE in the long campaign for equality, by remembering that progress has indeed been achieved. That progress has been achieved largely by changing hearts and minds. But it has always focused on EQUALITY… not on campaigns believing that one part of American people matter or are more deserving than another.

Because let us also be clear, there are advocates who do not want the American people to remember that progress has been made or that hope should exist.  There are advocates whose single goal is to promote violent revolution and to advocate violence against others, no matter what the cost, and no matter which innocents suffer, even children. These are not advocates for equality, and equality is the furthest thing from their mind. There are advocates for violence who are abusing the legitimate concerns of black lives threatened in instances of police abuse. There are advocates for violences whose only real goal is insurrection and power for themselves.  The only “rights” they are concerned about are those that help them profit in power.  Such rogues are a distraction in the long campaign for human equality.

The racist separatists and racial nationalists also seek to take advantage of USA division.  

For decades, people of conscience have worked to reject and denounce the anti-equality views of white nationalist and white supremacist movements, which themselves had come to realize that they represented minority, “dissident” movements. But which white racist movements have gained increasing influence in the past four years, in no small part, due to political activist media figures giving very small minor activities an outrageously overwhelming media coverage. As with all racist groups, it is the responsibility of people of conscience to challenge and protest them.  But political media have worked to link them with legitimate political ideologies, and give them undue credibility. One white nationalist group, Occidental Dissent, which R.E.A.L. has protested and sought to urge change has recently found mockery of equality in a recent commentary, stating: “As the evil oppressors of blacks, the only way to bring about true equality and to establish a just society is to treat White people differently than black people. White people have to be punished for their unwitting sins and the sins of their ancestors.” There is a finite voice promoting equality to challenge such confused vision of white nationalists, because the focus on EQUALITY itself is missing from much of today’s discussion and too much political activism, which focuses on positioning for power and influence, rather than an outstretched hand in genuine equality and compassion.

The National of Islam (NOI)’s Louis Farrakhan has long sought segregationist and black nationalist goals, with a call for black supremacism, with the belief that only black individuals are even actual human beings, and the people of other races are “grafted creatures” created by evil scientist Yakub. R.E.A.L. has regularly challenged the NOI and Louis Farrkhan on this. But how can we expect followers and advocates of this ideology to promote human rights, when they literally don’t recognize the existence of others as actual “human” beings?  Not all black nationalist groups are as visible and documented, but let us be clear, such segregationists and supremacists are not advocates for Equality.

Separatists and Nationalists have a lot in common.  

The main common cause is their REJECTION of Equality. They have no desire to be “equal” in a shared cohesive society. They seek to use conflicts and abusive circumstances to actually turn the public against the very idea of equality itself.

Equality is NOT the Zero-Sum Equality that the racial nationalists and separatists seek to promote. The deceivers want to convince you that division is necessary due to an imaginary lack. The deceivers want to mislead you to believe that the only way you can get a larger slice of the “pie,” is to take someone else’s “pie.” The deceivers want you to believe that equality can only exist when you oppress, and especially violente oppress others not like you.  These are the rogue arguments that have nothing to do with equality and nothing to do with reality. The only goal of these arguments are to divide and spread hate and violence.  The deceivers believe they can manipulate people to fight among themselves sufficiently, so that they can gain power of their own.  

The truth is that in our massive nation and massive global society there is room for everyone, especially there is room for everyone WORKING TOGETHER. We do not have to choose “gridlock” over racial equality. The economic justice that is also sought can be lifting all ships together with improved overall economic conditions, not by seeking to take from others. We can and have found a nation and world with generosity, kindness, mercy, and respect… when those are the values we seek – and we give back.

Equality is about PEOPLE power, not about Privilege, not about being told WHAT to think and WHAT to do.  As the Universal Declaration of Human Rights states, written by people of all different ethnicities and races around the world, we have an innate right to “equality” simply because we are human beings.  We keep that state of equality through “reason and conscience” and by acting “towards one another in a spirit of brotherhood.”

In a cohesive society, that commitment to Equality requires both protection and responsibility. It is not enough only to expect Equality in protection under the law. We must also expect Equality in responsibility under the law. The deceivers, separatists, and insurrectionists want to convince us that we can have a society where law only protects the identity group that they manipulate. They want some to believe that they can have privilege to do what with want with impunity, a false form of equality under law, where there is no responsibility.  But that deception is not for the rational mind.  We must never forget that there are ethical mathematics as there are in practical mathematics.  Two wrongs never make a right.  As we know that such ethical mathematics are true, so we must also recognize that we can not have protection under law, without responsibility under law. It is two-tier justice that we already reject. Giving privilege a different label does not somehow make it equality.  

Equality is Equality.  For Everyone.  Equally.

Equality remains an ongoing work in progress, as we are all born free and equal in dignity and rights. Now the hard work is to build a society that continues to respect such universal human rights. There will always be rogues who seek to rationalize that equality is not a desirable goal. They will seek to claim that human equality is about an attack on financial systems, safety, or there will be those who seek to claim that human equality undermines their own view of supremacism in their identity group.  

Equality will ultimately not be denied.  Despite the fevered passions of the anti-equality advocates, seeking to draw up separatism, their own nations, and legalism to stop equality, the flood of human equality will continue to reach all shores.

The forces of violence, inequality, separatism, segregationism, and racial nationalism are advocates who seek to imitate failures from the past. Those in the past ultimately found these failures would not work. So it will be in the future.  As we must find a new path from the desolate night of violence, so we must also find a new path from the desert and wastelands of inequality, segregationism, and rational nationalism. The future of progress leads to advocates of nonviolence, equality, cohesion, dignity, and mercy. We can find our way to the future with an ethical compass of Equality, Mercy, Dignity, and Nonviolence.  The future waits for us to find the path of progress and hope by looking for values that will bring us together, not bitterly divide us apart.

Too many are focused on the voice of privilege and identity, but not on the concept of Equality For ALL. The scales must be balanced by our restraint, mercy, and empathy. We do not work to build the healing grasp of Equality in hearts and minds with an Upraised Fist, but rather we must offer an Outstretched Hand. That is how we build the trust for a new age. It has been done. It can be done. Let us find ways to build solidarity on the multitude of issues where our common needs outweigh our minor differences to find campaigners for our shared Vision of Equality.  The campaign for Equality will not lead itself. Equality needs drum-majors across the land. We need to find ways to be voices in Equality for the 21st century, when the voices of violence, inequality, and division believe they have won.  It is NOT too late.

“It is always the right time to do what is right.”

Let us also find creative ways to bring USA and our society together.

USA needs a moment of healing that can bring it together.  In addition to July 4th and June 19, perhaps the USA can refocus a common goal, using January 1 as a new U.S. national holiday. We have had a long celebration of New Year’s Eve and New Year’s Day. But let us also consider focusing on that rededicated January 1 – not only as New Year’s Day, but more importantly as “Equality Day,” and the birth of a new nation, where all people’s right to be equal as fellow human beings is remembered and revered.

Let us all be Responsible for Equality And Liberty.