Posts Tagged ‘foia’

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Mo Karn of the Wingnut has been subpoenaed, a few weeks ago, and is being forced to go to court on Monday Feb. 25th as a witness (against their will) in a civil case stemming from the RPD documents recently linked to from this website.
Mo is not clear on what they are or are not allowed to talk about in regards to this matter, sorry for the lack of details. The numerous papers that have been served to Mo over the past few months have included various injunctions which make it incredibly difficult to determine where Mo’s right to free speech remains around these issues.
Earlier in this ordeal the cops had tried to force Mo to attend a deposition and answer many questions about things not even related to any RPD documents. This looks like it might be the same situation.
Mo has legal representation, and will give an update whenever they get out of court.

Here is an update from our lawyers, who are currently helping us in our ongoing legal battle with the Richmond Police Department over documents. Please read, and go to their link, and if you have the ability/inclination, donate to help them be able to take on more cases like ours.

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The law firm of Thomas H. Roberts & Associates, P.C., an affiliate law firm of Freedom Works Foundation, is proud to stand against prior restraints and censorship of speech protected under the United States and Virginia Constitutions.  Freedom Works Foundation was founded in 1999 as a non-profit foundation in Virginia to defend against attacks on freedom, to promote, assure and enhance freedom.

The American tradition stands in stark contrast to the English licensing system, which expired in 1695, where all printing presses and printers were licensed and nothing could be published without prior approval of the state or church authorities.   All despotic and tyrannical governments attack the freedom of the people to speak.

One of the more famous cases in the United States involved the attempt of the government to restrain the publication of the “Pentagon Papers”, the Vietnam Study Task Force report created by Secretary of Defense Robert McNamara, consisting of thousands of pages including documents classified as “Top Secret—Sensitive”  At first President Nixon was not opposed to the publication since it was perceived to be embarrassing to the prior administrations of Kennedy and Johnson, but his National Security Adviser Henry Kissinger convinced President Nixon that the publication might establish a negative precedent.  The administration then attacked Daniel Ellsberg and Anthony Russo, who allegedly leaked the documents, arguing that they were guilty of a felony under the Espionage Act of 1917.  Attorney General John N. Mitchell and Nixon obtained a federal injunction ordering the New York Times to cease publication, which was appealed.  Then Assistant United States Attorney General William Rehnquist unsuccessfully sought an injunction against the Washington Post, which was denied.  Judge Murray Gurfein wrote that “[t]he security of the Nation is not at the ramparts alone. Security also lies in the value of our free institutions. A cantankerous press, an obstinate press, an ubiquitous press must be suffered by those in authority in order to preserve the even greater values of freedom of expression and the right of the people to know.”  The government appealed.  The United States Court of Appeals confirmed that the prior restraint of speech was unlawful, in a 6-3 decision with nine different opinions.

Justice Black wrote “Only a free and unrestrained press can effectively expose deception in government. And paramount among the responsibilities of a free press is the duty to prevent any part of the government from deceiving the people and sending them off to distant lands to die of foreign fevers and foreign shot and shell.”

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The law firm of Thomas H. Roberts & Associates, P.C. stands behind police forces when they uphold and enforce the law — the firm opposes any police force when the power entrusted to it by the people for the people is used to oppress and rob those they are to serve of the benefit and protection of the law and the constitutions they have sworn to uphold.  It is our sworn duty!

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Most recently in City of Richmond Police Department, et. al.  v. Moriah Karn, et. al., Case No. CL 12-4939, the law firm of Thomas H. Roberts & Associates, P.C. is defending Nathan Cox and Moriah Karn against the outrageous attack by the City of Richmond Police Department and the City of Richmond on their rights of free speech under the 1st Amendment to the United States Constitution and Article I § 12 of the Virginia Constitution.

In that suit, the Richmond PD alleged that defendants “somehow obtained certain confidential information of the Department” including the names, addresses, telephone numbers and/or “other confidential information” concerning certain officers and employees of the Department.”

The suit does not allege who specifically posted the information online, but does allege that Karn and/or Cox posted links to the information on websites.  The suit among other things seeks to prevent Karn  and Cox from pointing the public to this information released to the public.

MORE- at this link: http://www.robertslaw.org/prior-restraint-of-speech-first-amendment-violations/

Latest injunction from RPD:

http://archive.org/details/InjunctionOrder12512

NOTICE TO THE PUBLIC

The Richmond City Police Department and the City of Richmond have alleged, based on speculation, that the one or more of the defendants in this action (they don’t identify which one) have converted (taken possession or exercised dominion and control over) a portable hard drive that is apparently missing. Of course, as they have sued ten individuals whom they do not identify except as “Does 1-10”, so the defendants to this action could be anyone. They do not explain in their pleading how this hard drive was lost, when it was lost, or where it was lost. They do not describe what the hard drive looks like.

They allege that the hard drive contains what they describe as “confidential” information or documents that has made its way into the public domain and was republished on various websites. The Richmond City Police Department and the City of Richmond allege that they are suffering and continue to suffer damages as a result of the alleged conversion of this hard drive and the loss of the documents on the hard drive.

If the person in possession of this hard drive (if it exists or still exists) reads this post, some or all of the defendants would probably appreciate it if this hard drive were delivered to the clerk of the Circuit Court for the City of Richmond (see order below). You may wish to consult an attorney since the Richmond City Police Department has threated criminal charges in what in the opinion of one or more of the defendants is not only a violation of the First Amendment to the Constitution of the United States, but also an apparent effort to cover up the incompetence related to the dissemination of the information that they claim to be “confidential,” apparently without adequate password protection or encryption.

Defendants would appreciate it if you would notify counsel for Nathan Cox and Mo Karn if the hard drive is delivered to the clerk.

Here is a video of 2 cops serving an injunction at the Wingnut Anarchist Collective on Wednesday, Nov. 21st, 2012

<p><a href=”http://vimeo.com/54190421″>VID 20121121 142513</a> from <a href=”http://vimeo.com/wingnutrva”>WingnutAnarchistCollective</a&gt; on <a href=”http://vimeo.com”>Vimeo</a&gt;.</p>

Don’t forget- you have the right to film and record the police! Contact us if you or your organization would like to discuss how to do Copwatch!

Here are links to a few individual sections of the Richmond Police Department’s General Orders, and then a link that contains 285 files of General Orders.

These General Orders do not contain the type of information which was prohibited in the injunction received by activists earlier this week. So even though all of the police files were taken off of a previous upload website, these ones should not have been, based on the language of the injunction. The injunction is concerned about confidential information, which they define as personal information such as names, addresses, telephone numbers, and information about undercover agents. None of this type of information is in the General Orders.

Please download and share these General Orders, to better keep the police accountable to the public.

Oleoresin Capsicum Spray Canister and Fogger 01-08

Firearm Discharge 01-09

Procedure For Consular Notification Of Foreign Nationals 01-10

285 RPD General Order Files

Here are copies of the legal injunction served to Mo Karnage on Friday Nov. 16, 2012. The copies that were served to the Wingnut were delivered by a Federal Marshall with at least 2 cops, who arrived in a black SUV with tinted windows.

This is of similar content to the injunction others such as Nathan Cox with Virginia Copblock received.

https://docs.google.com/open?id=1lcXCdm_1zRJSEw-XR0Gqbw9QwPkNvA2whMA2dXxkbUEBzrkj-lHPPDaPQlo0

 

 

From an anonymous contributor:

After searching through the entirety of the leaked documents using keywords I’m fairly satisfied that I’ve at least scanned through all of the material. A lot of the files turned out to be duplicates or older versions so there wasn’t actually all that much to go through. Most of the documents were pretty short and easy to digest, but I think we’ll still need help getting everything relevant out of the 110 page “Emergency Operations Plan” document which is marked in red as “Exempt from FOIA.” Many of these police general orders aren’t really news, and there is honestly a lot of fairly benign material in here. Though not particularly incriminating, the release of this information is still a victory for advocates of transparency and accountability in our public servants. Knowing their modus operandi and internal rules should help political activists and regular citizens alike deal with the police from a more knowledgeable and therefore empowered position. Despite the banality of the bulk of the leak, documents of likely interest have been set aside for your consideration to save you time if you don’t want to dig through a bunch of bureaucratic language to find them.
The quarterly reports and dispursement documents had a couple of interesting pieces of information in them. There is some less-refined employee input here (in contrast to the general orders) that is very telling. I took a couple of notes looking through these files and was particularly taken back by the nonchalant admission that police regularly interact with gangs supposedly in an attempt to win confidence, gain information, and build profiles on members. And by interact, I mean buy drugs and guns. Taxpayer money from the “Investigative Fund” requested by Captain Marty Harrison IV of the Special Investigations Division (SID) is admitted in correspondence to be intended for firearm and narcotics purchases from gangs, as well as for the paying-off of informants! These are not sting operations. Chief Norwood seems happy to grant the requests for $25,000 and $30,000. Is perpetuating a war on drugs worth this kind of routine expense?
Also noted here are quotes from police procedures for handling complaints from civilians regarding the conduct of officers. It might just be me, but the language seems to have an air of disdain for those making complaints and while I’m sure frivolous complaints are common I get the impression that fulfilling requests for complaint forms is generally discouraged. People in other areas surveying their local police department’s willingness to dispense a complaint form have been met with serious resistance. Perhaps a good test of of a department’s willingness to police itself is in its willingness to hand over a complaint form. It’s something worth trying (and recording)…
Finally, I found language about a database system called “CrimeNTel” and a methodology mentioned as “Problem-Oriented Policing” to be worth noting. Homeland Security apparently works with police to use this software to track criminal complaints and general information about suspects or those with histories. It’s noted that it’s unverifiable and inadmissible as evidence in court, but they’ll still use it to keep an eye on you.
For those attempting to make FOIA requests for information from the police, please see the file named “Public Information Requests” for detailed information about their policy for honoring them.
Please see the original documents uploaded here for context and more details. See something we missed? Email http://virginiacopblock.org or http://wingnutrva.org and send us a tip.
-Anon
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LINKS TO FILES:
 
 
Links good for 7 days
 
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QUOTES:
#BUY FUND LETTERS
#REQUESTING MONEY FROM THE POLICE’S INVESTIGATIVE FUND TO BUY DRUGS (NOT FOR STINGS BUT TO WIN FAVOR WITH AND “DOCUMENT” GANGS) AND PAY OFF INFORMANTS
“…SID is requesting $30,000.00 of buy money from the Investigative Fund.  The buy money is utilized to further narcotics and gang investigations which impact violent and property crimes in the city.  The money pays for narcotics and gang investigations, to include the purchase of narcotics, payment of informants for investigative operations, court appearances, information pertinent to arrest and current investigations…”
“…CONCLUSION:
I respectfully request that $30,000.00 from the SID buy fund account be disbursed to SID as soon as possible, that  our investigations may continue without interruption…”

(more…)

Today Mo Karnage and Nathan Cox were served with injunctions from the Richmond Police Department. The injunction documents were very vague, and seemed to be about the files recently linked to by Mo and Nathan on 2 websites-  Copblock and Wingnut.

The defendents are listed as Moriah Kahn (they can’t spell), The Richmond Wingnut Collective, Nathan Cox, Filebin.net, and Does 1-10

Here is a video of Nathan being served today:

http://qik.com/video/55700505

More information about his organization online at:

http://www.virginiacopblock.org

Important to note, is that typically injunctions are served by a process server. To have multiple cops hunting you down (they went to Nathan’s work, home, and mother’s home as well as Mo’s home, mother’s home, and friend’s home), some wearing tactical gear, is a pretty obvious intimidation tactic.

We are working on getting scans of the injunctions to post online for your viewing pleasure.

The City of Richmond Police Department is labeled as the plaintiff.

The injunction doesn’t say which files are the ones in question, just all of them. It appears that the police have now taken all the files down.

It looks like the RPD files that we linked to were taken offline at some point today. If they are online under a different link somewhere please let us know.

In the meantime, there are other RPD files that Richmond activists have acquired over the years. So you can check them out.

Learn the police’s rules in order to hold them accountable!

Our friends with the Mindful Liberation Project have collected some RPD documents, specifically about RPD policies for “Handling Mentally Ill Persons”. More about the info and Mindful Liberation here:

http://mindfulliberation.wordpress.com/foia-for-change/richmond-police-department-documents/

You can also always check out the files the Wingnut/Copwatch got in 2010 on our website under this link:

http://wingnutrva.org/richmond-police-department-documents/

Over 575 new RPD files, archive versions of the General Orders are now available on the same link as the previous files:

http://filebin.net/0cupaguxql

We don’t know how long the files will be up, so definitely download your own versions of anything you are interested in.

If anyone re-posts these files online please let us know so we can find them! We’d love to have them linked individually by title, but won’t be able to do so ourselves for a while.

For more information on these files, look on a previous post below!