Dan O'Mahony

Dan O'Mahony
Location
Huntington Beach, California,
Birthday
October 02
Title
West Coast Chairman
Company
pointninenine.com
Bio
Co-Founder and West Coast Chair of the .99 Advocacy Fund and PointNineNine.com, a registered non-profit dedicated to voter mobilization and issues related advocacy on behalf of the financial best interests of 99% of all Americans.

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DECEMBER 15, 2011 4:19AM

Occupy the Courts? Now That's What I'm Talking About.

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Clarence Thomas, one of five justices who ruled in favor of so-called corporate personhood

“Occupy the Courts’ is a phrase, a concept, a suggestion that has bounced around within the uprising that has come to be called the 99% movement almost since its inception. For some it has been a response to the constant call for specificity and focus, an acknowledgement that much of what has created such hideous income disparity in this country is based on laws that have to change. For others Occupy the Courts has been a notion forwarded to suggest class action suits in reaction to police brutality and violation of First Amendment rights within the Occupy movement.

On November 1st progressive author and radio host Thom Hartmann suggested via online video that the Occupiers focus on federal courthouses and on the little known right wing Federalist Society of whom 5 of the 9 justices of the U.S. Supreme Court are members. During the Martin Luther King Jr. holiday this year noted academic, activist and philosopher Dr. Cornel West was arrested during protests on the steps of the Supreme Court in Washington D.C..

Earlier this month the activist organization Move to Amend cited Dr. West’s example when it announced its intention to organize a national day of protest at federal courthouses throughout the country on January 20th, 2012. The name of these protests? Occupy the Courts. In the days since this announcement over 100 like-minded organizations have either endorsed, partnered with, or begun their own efforts in support of this planned day of protest.

On a personal level as a former Occupy committee member and an ongoing organizer at Point Nine Nine, I have always stressed the notion that the courts, or more specifically the laws governing our elections are where the battle lines are drawn. Essentially the whole ball of wax is the Supreme Court ruling in the case of Citizens United vs. the Federal Elections Committee.

Most of those likely to be reading these words are familiar with the implications of this case. We grasp that at its core the Citizens United ruling is a cornerstone of the monstrosity that is the notion of Corporate Personhood. In truth it is simply the corporate lobby’s most powerful instrument. It is built on a foundation that teeters precariously on a twisted mis-statement of the intentions of the 14th Amendment and a choice by a small state court to act on the notion that the theory of natural and non-natural persons would automatically be carried over from British common law.

What came as a shock to me and perhaps would shock other concerned parties were recent polls that showed more than two thirds of Americans had no idea what Citizens United was at all, let alone the shaky foundations behind the ruling. I shuddered to learn that the court decision which most influences the electoral process and thus the policy making that governs their everyday lives sits in the collective blind spot of most Americans. With that knowledge in hand I know where my own creative energies and the organizational and communication capacities of my organization are best applied. With that understanding of widespread public naiveté I know what comes next for those determined to right the ship and I ask… what better action is available in the service of our democracy and the education of our fellow citizens than to Occupy the Courts?

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An Occupy Wall Street movement where the occupiers camp-out in community parkland all over the nation, occupying courts, is also geographically misguided. In addition, we both know that rather than inform the public regarding their “naiveté” you are seeking to capitalize on their naivete by giving them this bias analysis of the decision. The following is the other side:

Democrats want to restrict the source of spending in elections because unconditional free speech hurts their candidates. Without this decision, Democrats continue the trend of extracting taxpayer dollars to finance their own campaigns via labor unions. They send our money to unions, who round-trip a portion of their contract right back to their political patrons as campaign contributions. Their every argument is designed to convince us that they should have more unchecked power in perpetuity, and that all opposition to this design is illegitimate.

The paragraph above is all the evidence one needs to support the court’s decision but in my opinion the decision goes a major step further. You see, the left wants full disclosure so it can attack and demonize its opponents publicly. That's what community organizing is. It's also just one more way to manipulate the media to cover a non-event that cynically uses the methodology of fabricated victimology to try to put opponents of the left on their heels. All expressed loudly in the tones or moral outrage.
People occupy because they are too stupid and lazy to do anything else.
The occupiers are too ignorant to really understand what they re doing.
I am sure you fit right in
I got it. Since you are one of the organizers why don't you go and occupy a few of the federal courts. See you in 5-10. Years that is.
If the term “occupy” is a metaphor for “taking action”…and if the “occupiers” forget about the “ class action suits in reaction to police brutality and violation of First Amendment rights”…

…then this is the most effective way to proceed.

This essay, Dan, is a warm, spring day filled with sunshine and fresh air in the “occupy this and that” nonsense.

This makes sense. This is something any thinking person can get behind and back.
Fun stuff, we ride...
@Johnny Fever... Unconditional free speech is an awkward way to describe astroturf. If in your understanding community organizing is defined as attacking and demonizing opponents publicly, I'm assuming you're not writing in your native tongue, that reads like "Y is a grape" or "helicopters exist to eat foam".... heads? tails?
@allen marples... sorry Al, I work full time job, put in both days and nights in addition to my duties as an organizer, nice try though.
@catnlion... yeah Dan you opinion having bastard, who are you to actually apply your right to free speech and freedom of assembly? get in that cell!... burp.
@Frank... yes, the Occupy buzzword is losing viability, I have long seen it as metaphorical and I see this as an opportunity to increase public awareness, not a promote a lawsuit... my brother from another mother! who knew?
In order to occupy the courts lawyers would need to become a part of the movement, and there are just too few idealistic lawyers or judges or anyone in that system . Occupying the courts would be the smartest way and quickest way to improve this country but it's a closed off system with too many evil people and too many sacrifices would be called for.
I already looked up in facebook and though I can not be there actually occupying the courts I will be supporting this wonderful cause.. The 99 % can not be erased nore forgotten from history books now. It is the junture of change that will be remembered for ages to come... just the pick of the iceberg....
Rated with respect for who you are and for what you´ve been part of.. honored
Love and support from Colombia
Thumbs up
oh... I forgot.. which group is the official group in facebook?
Hugs
Mauricio, thanks for the kind words. I'm not sure what you mean by official group, but check out movetoamend.org and pointninenine.com sir.
Great post. I live in Wisconsin, where the past three Supreme Court elections have been right out of John Grisham's "The Appeal." The result is that we have three corrupt Supreme Court justices, and they support our corrupt governor. Still, the governor is likely to be recalled next year. A few senators should follow. If the momentum is good we could focus on the state Supreme Court.

On the Federal level, various forms of shaming, starting with impeachment, should have an effect on cleansing the Supreme Court of its corruption. The Chief Justice was an operative in the Bush criminal regime's successful effort to stop the Florida recount. Clarence Thomas is a "right wing" activist. Scalia has had conflict of interest problems. Alito is a religious zealot.

As for the low percentage of "Americans" who are ignorant of the Citizens United case, most "Americans" are ignorant in general, and live on a pretty crude level. I think Jay Leno fakes his skits with people on the street, but the old "Jaywalking" routines were a good reflection on the state of awareness of the average person. It's just the world we live in. Another way of looking at it is there is great opportunity to inform people.

I'll mark January 20 on my calendar. Madison has a Federal courthouse. Protest is still legal, but people have been arrested just for taking pictures of the courthouse. Times are strange.
So glad to know about this. I am not surprised by the poll. Change Allen's comment to read "don't occupy" and "non-occupiers" for a more accurate picture (though I'd be less mean about it).
People do not understand the political ju jistu of nonviolent action of the Occupy Wall Street Movement. By occupying the Federal Courts and especially the US Supreme Court, it puts a spotlight on the corruption of the court by corporate interests. It points out the contradiction of the societal myth that justice is blind, impartial, a "strict constitutional constructionist" and "not populated by activist justices." The lie and societal secret is that five of the US Supreme Court Justices are right wing extremists and are not conservative. The meaning of conservative is to conserve or keep things as they are. Conserving what for whom? They are reactionary and believe in supporting corporations, the rich and the powerful. They want to overturn laws that are for the ordinary citizen, that give more power to people than the government, the rich and corporations. They want to return to earlier era with less equality, opportunity, free speech, civil rights, voting rights and less democracy. They want to regress back to the 1950's or earlier to a more unjust, undemocractic, unfair, repressive, unresponsive government and a less "perfect union." The only way forward is to pass a Constitutional Amendment to overturn the Citizens United decision and pass Federal Campaign Finance Reform. History has shown that nonviolent direct action movements have a positive impact for social change and ennacting change in legislation and laws. The labor rights, civil rights, women's rights, and voting rights movements are proof of that. As our Founders so profoundly put it in the Declaration of Independence: "it is the inherent right of the people to alter or abolish their form of government."
nicely put Trainer, clear down to the Gene Sharp linguistics. I'd love to hear your take on Move to Amend... I love the planned 1/20 protests but the concept of focussing on the courts has been bandied about since early on. What they ared doing is fantastic, but they seem to be framing it in a pretty proprietal nature running outsized MTA graphics on all materials and phrasing their push in an almost branding kind of way. It's not that I've rejected their effort, I'm just a bit put off by this aspect. your thoughts? As many groups as can and will put into something like this, you'll see organization 'stamps', hell Point Nine Nine is going to chime in, it just seems like MTA is flirting with making it about themselves intentionally or otherwise. There's more than a dozen 28th Amendment proposals out there that are quite credible, open the potential forum that is this national day of action to them all I say.
Check this out for what is going on in Seattle and Tacoma and the state of Washington on January 20th and 21st on the anniversary of "Citizens United vs the Federal Elections Comission". It is as old as the "Corrupt practices Act" of 1912 in Montana, and recently upheld by the Montana Supreme Court. (The first state in the union to try and regulate big, anonymous, and out of state money in State Elections). The history is the same. Occupy The Government is something we knew and did at it's creation, and try to do when needed. Why. Because we are human and we learn things over and over again, and then we evolve. It is time to evolve.

Kenn

http://open.salon.com/blog/kennspace/2011/10/28/corporate_occupation_of_the_united_states_1