As reported in an update to the San Diego city attorney prosecution of Jeff Olson, a San Diego Judge placed an unprecedented gag order on a misdemeanor trial -- in particular muzzling Olson. But it also apparently included witnesses, the jury and others.
Judge Howard Shore also chastised the Mayor of San Diego Bob Filner who apparently in the judge's eyes had the temerity to call the trial of Olson a waste of time and taxpayer money. According to the San Diego Reader, Filner sent out a memorandum on June 20 that read in part:
This young man is being persecuted for
thirteen counts of vandalism stemming from an expression of political
protest that involved washable children's chalk on a City sidewalk. It
is alleged that he has no previous criminal record. If these assertions
are correct, I believe this is a misuse and waste of taxpayer money. It
could also be characterized as an abuse of power that infringes on First
Amendment particularly when it is arbitrarily applied to some, but not
all, similar speech.
Jeff Olson is the man who wrote messages in water soluble chalk on pavements outside three Bank of America branches to draw attention to questionable legal activities that had had no follow up investigations but resulted in bail-outs for the bank.
After all no Bank of America top officials were prosecuted for any number of questionable legal activities leading to this nation's taxpayers bailing out the banks too big to fail.
Why is the city attorney's office of San Diego publicly prosecuting Olson? If the bank has a grievance with Olson, let them pursue it. But, of course the Bank Of America won't file a suit against Olson, because then they might have to prove that Olson's opinions were wrong, which would mean exposing themselves to accounting for their banking practices.
Olson says he believes the trial is about
much more than his chalk messages. He accuses City Attorney Jan
Goldsmith of receiving campaign money from the big banks. “Jan Goldsmith has received campaign
contributions from Bank Americorp and Merrill Lynch. I think this is
mostly about Goldsmith for Mayor 2016,” he said. Olson also identified the crux of the injustice being done here: “My chalk drawings are clearly free speech and protected by the first amendment,” he told reporters outside the downtown court.
Having prohibited Olson's defense lawyers from raising the issue of First Amendment rights, free speech, and other constitutional issues, justice now has duct tape over its mouth. Olson faces a possible 13 year jail sentence and a fine of $13,000, (one year and $1,000 for each of thirteen scribbles) but the Bank of America is open for business and apparently "owns" the public sidewalks.
The sheer hypocrisy and double standards on show for all to witness here are simply breathtaking and just one more reason why capitalism must be superseded.
In part from here
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