Press Advisory 16 September 2019
Refuse Fascism LA 323-946-1742
For Interview and Media Requests: 323 574-3997
RefuseFascism.org
Criminalization of Dissent Continues as #Freeway 9 Defendants Return to Court
What: Hearing for Chantelle Hershberger and Miguel “Alex” Hernandez
When: Monday, September 16, 2019, 8:30 a.m.
Where: Metropolitan Courthouse – 1945 S. Hill, LA (Washington & Hill)
Department 62 (6th Floor)
Defendants will be available for interview after the hearing
On Monday, September 16, Chantelle Hershberger and Miguel “Alex” Hernandez of the #LA Freeway 9 return to court. Despite 9 jurors finding them not guilty of all 12 charges in July, the City Attorney is proceeding with a second trial.
This hearing is coming days after the announcement by LAPD Chief Michael Moore of the results of a promised “top to bottom investigation” of spying by the Major Crimes Division (Anti-Terrorism Division) exposed during the discovery proceeding in this trial. An undercover informant was sent to infiltrate and record private conversations and meetings of Refuse Fascism held at Echo Park Methodist Church on four occasions.
Looking at their actual statement, Chief Moore’s claims of reforms can be seen to be completely baseless. Here is the story that ran on the front page of Saturday’s LA Times. A video of Moore’s presentation can be seen here (beginning at hour three of the Police Commission meeting).
Chantelle Hershberger issued this response to their findings at a press conference on Friday morning:
“At Tuesday’s Police Commission meeting, Chief Moore announced the completion of the LAPD’s review of their spying on Refuse Fascism. Moore announced that they found no wrong doing in their spying and no violation of protocols, despite the fact that an infiltrator was sent into a church to record meetings and conversations with activists.
In keeping with the long, bloody history of LAPD spying and political repression, Moore’s comments amount to saying: “it’s fine because we say so.” The allegedly independent Police Commission gives this a rubber stamp – with no evidence, no transparency, inconsistencies in Moore’s comments and nothing in place to stop them in the future except an empty promise of reforms… promises the LAPD has made and broken again and again.
Refuse Fascism demands to know the evidence for why they are saying we were involved in “criminal activity,” the extent of the spying operation, who approved it, who was involved and how high it went. In addition to filing a Public Records Act, we demand the release of this investigation, and all associated interviews and documents.
The LAPD is criminalizing anti-fascist protest, justifying repression and spying at a time when the Trump/Pence fascist regime is moving rapidly to gut the rule of law, terrorize immigrants and foreclose the right to protest and dissent.
Moore claimed that the activity of Refuse Fascism is “criminal activity,” open to surveillance of the LAPD at any time any where. There is a pile of evidence showing this is about the suppression of political speech and protest that steps outside the confines of relying on the Democratic Party and engaging in symbolic protest-as-usual. The problem is not alleged criminal activity on the part of Refuse Fascism or the Revolution Club – the problem is fascism.
In a mistrial in June, a hung jury (with 9 voting for acquittal) failed to conclude the Refuse Fascism and Revolution Club defendants were guilty of a crime (for unfurling a banner on the 101 freeway “Trump/Pence Regime Must Go!”). But the Police Chief comes out and says that sounding the alarm about fascism – at great personal risk – is not only criminal, but the basis for surveillance and political repression. These defendants should be celebrated – not harassed and criminalized.”
The Defendants will be available for interview about their case and the issue of LAPD spying that once again is front page news in the Los Angeles Times.
More on the the Trials. – Mike Feuer, the City Attorney brought 57 misdeameanor charges against 11 defendants, members of Refuse Fascism and the Revolution Club, for taking actions calling for massive non-violent sustained political protest to drive the fascist Trump/Pence regime from power in the Fall of 2017 and Spring of 2018. Go here for a FACT SHEET on the cases, and links to past media coverage including stories in the LA Times, The Guardian and La Opinion on police spying.
Refuse Fascism is currently calling for national meetings “to consider and plan for sustained non-violent mass protest to being this October (Puerto Rico and Hong Kong Show the Way – Thousands Become Millions).” More at refusefascism.org.