Birnbaum Alert

Robert Birnbaum talks with Richard Reeves. Some interesting views on the Edmund Morris Reagan bio, Bob Woodward and this interesting quote:

But America, going back to something we said before, America is whatever we say it is. We have no sense of history, we live in the present, totally different and I am not against that. We are not fighting wars, like in Kosovo, for something that happened in the 11th century. And because of that, the way we developed, or at least I would argue American exceptionalism has to do with the fact that, forgetting that we killed the Indians, that there was this land here and we came from everywhere and we could keep moving on. That’s what I think of American exceptionalism and I believe it’s true, for better and for worse. He believed the same thing. But he believed God wanted it to be that way. The “shining city on the hill” stuff, and “last best hope of mankind,” and that was his American exceptionalism, that we were simply better than other people. And he said that over and over again. I am old enough now that I like us—America is a great place—we are different, we are not better. We are a different kind of people and I prefer being an American to being anything else. But I don’t think God had much to do with it. God doesn’t check passports.

The LBC Lives

The Litblog Co-Op has revealed its Spring 2006 choice. Like the last round, there will also be five special podcasts provided courtesy of the Bat Segundo show devoted to all of the nominees (three are in the can), as well as brief interviews with the nominators. In fact, it was Mr. Sarvas himself who was the first to be recorded on one of our new audio toys and who put up with our rather geeky fixation on just how utterly sexy he sounded. Thankfully, none of our enthusiastic asides were preserved in audio form.

More Author Interviews

I stumbled across Charlie Ruas, a guy who’s talked with David Shipler, Dave King, Lily Tuck, A.S. Byatt and many others. Unfortunately, Ruas is a bit of a frightening interviewer. He speaks in a slow and booming baritone that must be heard to be believed, e-nunc-ee-a-ting each word as if about to take the pulpit. An idle thought: must all literary interviewers be so intense (perhaps the word humorless applies) about literature? Writers are, by their very craft, playful folks. Shouldn’t they be entitled to a bit of playful banter every now and then?

Working Theory

Your advocate, who has spent his Saturday night finalizing his taxes, isn’t so much in a joyous mood (sadly, he has to pay), but is greatly relieved that it’s all over (a pox upon you: Schedule CA (540)!) and is, as a result, unusually jocose.

I put forth the following quandry to the prosecution: Have the critics savaged Colson Whitehead’s Apex Hides the Hurt because The Intuitionist and John Henry Days are both damn good novels and quite possibly, at least in this advocate’s opinion, exceptionally brilliant? Is it because Apex does not live up to these two shining beacons of virtuousity?

Corollary: To what degree can a lesser work by a great novelist be forgiven? Did the critics go after Faulkner because The Hamlet didn’t measure up to The Sound and the Fury? Did they not understand that setting down Snopes in early form might have been a way to get to Intruder in the Dust or the next two (better) books in the Snopes trilogy? And even if some of you in the jury might be snobbish enough to think that everything Faulkner put out after 1940 (a lot of it mysteries) isn’t really worth contemplating, to what extent does the literary community and this court by proxy have to consider good (but not great) works from its authors with less alacrity than the norm? I do not suggest handicaps. I suggest context or a more rigorous study of an artist’s work, if charges are to be leveled against my client. How can the vast divide between the masterpieces which an author puts out early in his career be corraled with the “good but lesser” works he puts out later? How can an author maintain any sense of ambition or evolution when the later works don’t live up to critical and scholarly expectations?

It’s a disingenuous charge that the prosecution puts out, your honor. They want to nail these “early bloomers” to the wall. They’ve gone after Dave Sim for his muddled politics in the latter part of Cerebus, failing to consider the accomplishment of his artwork. They’ve gone after Jane Campion because her most recent films don’t live up to An Angel at My Table or The Piano, even when the later films contain clear flashes of brilliance (such as the vibrant reds and greens of In the Cut and the daring sexual politics of Holy Smoke). And they declare Apex as “technical artistry [which] is in the service of unremarkable themes and ideas,” a book that involves “watching Whitehead sketch out a minor character’s essence with one stroke, while breathtaking, makes one wish the same treatment was afforded the people who ostensibly inhabit the novel’s complex ideas,” and dismiss the plaintiff’s work as “admirable ambition.”

But are these really charges with which to castigate the plaintiff? Does it allow for a proper exegesis? Even if the prosecution wishes to condemn the artist, does it not make sense to give the accused some benefit of the doubt in light of honorable standing and past accomplishments?

I do not wish to curtail rigorous and often vicious criticism, your honor. I merely wish to point out that sometimes a book is more than just a disappointment. And it is worth understanding why a book has failed within the context of previous offerings rather resorting to the altogether too easy approach of casual dismissal.

Cool as Hell, Pinky’s Doing Swell

Michael Rice, who stunned listeners earlier this week with his dramatic departure into Masterpiece Theatre territory (without so much as a set of Retarded Ass Questions!), talks with his first repeat guest, Ms. Liebe (“I’m not really a director. I’m just an object choreographer”) Wetzel, she of Lunatique Fantastique. The real question now is whether Cool as Hell Theatre or Bat Segundo will hit Show #50 first. My money’s on Michael.

And in other news, it looks like Pinky’s hit the big time, with appearances on NPR and Theory Radio.

SFPD — The Use of Force

The San Francisco Chronicle has a number of articles on excessive force and the SFPD. Reading some of the stories, I was very lucky. The police routinely beat, pepper spray, choke, club and hit citizens when it isn’t called for. And what’s worse, the Police Department does nothing about it.

According to the Chronicle, the SFPD has 100 violence-happy members among its force of 2,200. These officers are then promoted to supervisory positions and train rookie officers, thus instilling a police culture where violence is rewarded and possibly encouraged. And of course taxpayers pay a considerable burden defending all the civil suits. The City has paid out more than $5 million in judgments and legal settlements between 1996 and 2005.

Heaven knows what the costs are for the victims, both physically and mentally, short-term and long-term.

The Deal

As of this morning, the infraction is not in the court’s computer system, but it appears I have a Notice to Appear at the criminal court for littering. The only way to contest the charge is, amazingly enough, by trial (since this is not a Vehicle Code charge), which will involve submitting a bail amount and obtaining an attorney. But I haven’t been able to confirm this with anyone at the Criminal Court. I had wanted to try a Trial by Written Declaration, but it seems that this is reserved only for Vehicle Code citations. The specific offense is San Francisco Municipal Police Code 33:

It shall be unlawful for any person or persons to put, place, sweep, throw, brush or in any other manner deposit any rubbish, paper, cards, newspapers, wrapping or wrapping paper, container of any kind, string, cord, rope or other binding or fastening material, sweepings, dirt or debris or discarded material of any kind or character upon any sidewalk, street, alley, gutterway or other public place in the City and County of San Francisco. It shall also be unlawful for any person or persons to throw, sweep or brush any rubbish, paper sweepings or dirt from any residence, flat, apartment house, store or office building into any sidewalk, street or alley. (Amended by Ord. 1994, Series of 1939, App. 3/8/43)

I’m going to be very careful in how I describe this process. And some of these posts may be removed in the not so distant future. But I will keep you folks posted.

[UPDATE: I spoke with a very nice clerk at the Traffic Division, who apparently had to hunt for the bail amount through a few musty papers. (“Littering? We don’t get too many of those,” she told me.) Thankfully, I will not need an attorney, assuming that the charge is strictly littering. I will need to post a bail amount for $350. The two sides will then present their respective accounts over the course of a few hours. And the judge will then reduce or dismiss the amount. So this comes as some relief. The only gray area is the second checkbox on my Notice to Appear for some unspecified charge, and whether or not I have been cited for what they threw me into the holding cell for. Hopefully, a more formal notice will appear in the mail spelling out exactly what I am charged with and why I need to appear in court. I do plan to obtain a copy of the police report to determine what the police officers’ side of the story is.]

Litterbug Blues

I hear the squad car comin’
It’s rollin’ round the bend
And I ain’t smoked for a while I know
Since, I don’t know when
I’m stuck in Park Station
And time keeps draggin’ on
But those gruff cops keep on comin’
On down to Haight and Stanyan

When I was just a undergrad
My friends said, “Have a smoke”
I picked the stupid habit up
And sometimes I drank Coke
But I threw a butt in Frisco
Just to watch it die
When I hear that squad car comin’
I hang my head and cry

I bet there’s drugs and murder
Or a woman being raped
But the fuzz is thinking small time, son
The litter takes the cake
But I knew I had it comin’
I know I can’t be free
Cause the cops don’t see me sweeping
And that’s what tortures me

Well, if they freed me from this prison
If I were Heather Fong
I’d reprimand the cops
Who stayed away from real crime
I’d discipline and fire
All the cops who abused
And there wouldn’t be a siren
That was a tad misused

Trying to Make Sense of Things

The Office of Citizen Complaints: The first step in filing a complaint.

Park Station: Where they took me.

Of the two police officers, it was Officer Vyu who was the belligerent one who cuffed me, leaving Lamela to play (for the most part) laconic good cop. I managed to get his badge number: 2103, based on the ATM receipt I kept crumpled in my left hand.

Aside from Fajitagate, the SFPD has a history of shootings and violation of police procedure. And let’s not forget this infamous video from last year.

As to what San Francisco police procedure is exactly, I think they didn’t read me my Miranda rights because I was not being detained for questioning. But failing to cite a specific charge, with some nebulous reference to “littering” and then “drunk and disorderly.” When they cuffed me, Officer Vyu suggested it was for “littering.” But if that was indeed the charge, then why didn’t they just write me a ticket on the spot?

I’ve looked at the Penal Code section they cited me on the report and I see nothing in my conduct which suggested that I was “in a condition that he or she is unable to exercise care for his or her own safety or the safety of others,” nor was I interfering with or obstructing the street or the sidewalk. Again, there was nobody around and I certainly wasn’t sprawled out in the middle of the sidewalk. Perhaps they thought I was drunk because I have a form of astigmatism in my eyes that causes me to cock my head to one side and that causes my eyes to jiggle. But if this was the case, then why didn’t they shine a light in my eyes or conduct a BAC test? By what measure did they declare me drunk? Did they smell the second screwdriver that I had partially imbibed? Vodka is pretty smelly liquor. They certainly didn’t have me touch my finger to my nose or walk in a straight line. They simply cuffed me.

The Day After

Thanks for all the emails. Yes, I’m okay. Yes, what I relayed did happen. No jokes, no bullshit. And thank you for your thoughts and suggestions. They mean a lot. I’m genuinely touched.

I find, amazingly, that I’m at a loss for words. I find myself enjoying the outside world with more passion than I’ve ever had. (Thankfully, it’s a sunny day.) But I’m now constantly looking around to see if another cop car is coming. I’ve been wondering if what I did was really wrong. I’ve been wondering if I’m really guilty. I have no idea if I’m going to be fined. I called in sick with a bullshit excuse and I don’t know if anyone there is reading my site or if I’m going to be fired because of this. I’m ashamed to tell them what happened. And I also discovered this morning that the cops had taken all the money I had in my wallet. Thankfully, it wasn’t much. (Hilariously, they left the emergency and probably expired condom I’ve had in there for months. Who knows what else is missing?)

I’ve replayed the incident many times in my head and one of the lines I explicitly remember was one of the cops saying, “You think you can do anything you want?” Ironically, this is the exact same thing bullies and malicious people have told me throughout my life. And I’ve always responded yes.

The audio file I was working on last night still remains paused at the point I left it last night. I’m hoping I can get it finished before the end of the day.

For now, I’m being exceptionally gentle to myself and staring into space a lot, thinking of all the other people the fuzz has thrown into the hoosegow for equal or lesser charges, contemplating the absurd level of force and paperwork from last night, when they could have just told me to go home or given me a warning.

If there’s an upside to all this, as I told a friend of mine this morning, some dormant anarchist impulses have risen to the surface.

I haven’t decided whether to contact a lawyer yet, but I do plan on filing a complaint with the police department. For now, I just want to rest so I can go to work tomorrow and concentrate on my job. I’ll probably know how to proceed by Monday.

The SFPD is Evil

It is now close to 3:30 AM and I am now home, after being thrown into a drunk tank with a pot peddler named Jacob. I feel utterly debased and completely humiliated. There are horrible red rings around my wrists that still sting. This was, of course, the horrid cut of handcuffs, bound as tight as possible by two cocky members of the SFPD who needed to fill a quota and who, for whatever reason, singled me out. A white guy in the Haight.

Now I had never been arrested before any of this. And I now know, without a shadow of a doubt, that I cannot run for political office if I wanted to. Because I am now, even with a misdemeanor on my record, an abject criminal. So sayeth the smug sons of bitches (they being Officer Lamela and Officer Vyu, according to this rinky-dink report they handed me) who decided to arrest me tonight for the most abject of charges. The crumpled report I have in my pocket indicates that I violated 647(f)P.C. RWS. Which I presume is California Penal Code 647(f), which states:

Who is found in any public place under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, controlled substance, or toluene, in a condition that he or she is unable to exercise care for his or her own safety or the safety of others, or by reason of his or her being under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, or toluene, interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way.

But here’s the thing. While I was, at the time of arrest, working on a second screwdriver, I wasn’t drunk. Nor did these two police officers even bother to test me with a breathalyzer.

I wish I could tell you that I handled it well. But I didn’t.

I wish I could tell you that I rose to the occasion. I wish I could tell you that I didn’t rip up toilet paper in the cell they through me in into little pieces, begging for the time to go by, while Jacob snored into next week. But I didn’t.

Here’s what happened:

Tonight, while mixing audio for the next podcast, I made an unfortunate decision. I decided to smoke again. Never mind that I had quit. Never mind that I promised myself that I wouldn’t smoke again. I went outside for a smoke break. As it turned out, this was perhaps the worst mistake I could have made.

As I was smoking, a light from a police car in the street shined on me. As I put my cigarette out and was prepared to dispose of it, one of the officers cried, “Hey!”

I answered, “Is there a problem, officer?”

Because the light from the black-and-white was shining into my face, I couldn’t see the officer particularly well. And one of the officers, apparently the guy who had shouted “Hey,” came up to me and cited me for littering. I told the officer that I was in the process of disposing of the cigarette butt, which I truthfully was. But this wasn’t quick enough for him. He put his cuffs on me.

Perhaps it wasn’t a wise idea to respond, “What the fuck is the problem?” But understand that when a police officer puts his cuffs painfullly around your wrists without citing you, tact isn’t exactly the thing that comes to mind. I was bemused and enraged more than anything else. And while the f-bomb isn’t exactly an inroads to diplomacy, I happen to know that even a misdemeanor is accorded the Miranda rights. But I didn’t get any of this, nor was I able to ascertain a specific code section that I had violated. And I certainly didn’t get an answer from them for what I was charged for.

The two cops pushed me to a car and manacled my ass, as if I was the local heroin dealer or some PCP addict. I asked them repeatedly what I was charged for. They claimed littering. But the report, as I have specified above, states otherwise.

It all happened extraordinarily fast. They took all the contents of my pockets, including my wallet and my keys. These two cops pushed me into the back of the car and, even while they were driving me to the local hold tank, they still wouldn’t answer what specific charges I was cited with — despite repeated requests on my part.

“Can you give me with a specific code charge that I’m cited with?” I asked, as the manacles bit into my flesh.

The two cops remained silent. They mentioned “littering” and “drunk and disorderly.” But even if I was drunk (which I was not), they completely failed to tell me exactly how I was disrupting the public. After all, I was alone. And while smoking the stupid cigarette, they didn’t tell me how I was disrupting other people. (There was nobody nearby.)

I was then handcuffed to a bench in the small confines in Golden Gate Park. Another police officer asked me my phone number. I asked him why he needed to know it. He told me that if I was a “good person,” I would give it to him without question. Understand that I was not being difficult. I just wanted to know why they needed such private information. I was, of course, aware of the Fourth Amendment. But apparently, I was a threat.

In any event, I gave my digits to the dude. But this essentially meant nothing. And I was still denied a phone call, much less a reason for why I had been arrested.

So I was cuffed to a waiting area. And I met Jacob, a pot peddler who told me that he was in for D&D. But he was honest enough to tell me that there was, in fact, a justifiable reason why the cops nabbed him.

Before I knew it, I was thrown into a horrid cell, in which I quickly grew familiar with the environs. A stainless steel toilet, some very thick walls with cracks in them, a sink that doubled as a source of water. And Jacob, whom I placated and promised that I would recognize him if he was dealing dope in front of Amoeba Records, inter alia.

Well, Jacob fell fast asleep. He was clearly drunker than me. And I was left in this cell reciting Milton and Shakespeare to keep me sane, wondering if anyone would let me out. I had talked with Jacob and he intimated to me that a cop would come after about four hours of this nonsense. And then he zoned out And I was left in the holding tank contemplating every prison film I had ever seen.

I began to panic. I looked through the mesh and saw nobody. It was clear to me that nobody was on duty.

Of course, being quite cognizant of where I was, I began to rip toilet paper. I recited all the poems that I knew. The prospect of falling asleep on the stolid concrete simply wasn’t and option.

Three and a half hours later, seeing nobody and being unable to sleep with Jacob’s snoring, I came up with the crazed idea of rapping on the mesh. To my great surprise, a deputy came over. I told him that I hoped to go home, where I could actually sleep. Amazingly, he understood. He told me that he was not the guy who arrested me, which suggested to me that the two officers who had thrown me into the drunk tank had been perhaps a tad mistaken and that this was business as usual. I was able to sign for my shit and collect all my possessions. And I played it absolutely safe to ensure that I would get the hell out of there. The deputy pointed me to Haight Street, but I knew where it was.

And I walked home, sobbing like a girl and feeling utterly horrible and wanting some kind of retribution for my perspicacious fate.

And now here I am home, fueled by some litigious retribution and fired up by utter enmity of the officers who didn’t bother to figure things out. I don’t know exactly what to do, but rest assured that vengeance will, in some small sense, be mine.

I still remain quite stunned by what happened, but if anyone has any ideas, please shoot them my way.

Father Inspires Best?

Interesting Clifford Odets profile:

When, in 1937, L.J. learned that Odets had separated from Luise Rainer, the two-time Academy Award-winning actress, with whom he had a tempestuous three-year marriage, he sounded off in all his brutishness: “I’m ashamed of you. You are the dummist chunk of humanity I have ever come in contact with. . . . Your all ass backwards and sitting on your brains.” Odets internalized this constant excoriation, berating himself in his journal as a “pig,” a “pissant,” an “idiot,” a “loafer,” and “twice an ass.” He wrote, “It is the father you have incorporated, his characteristics and hated elements—that is the father to be afraid of!” L.J.’s toxic voice also found its way into some of Odets’s most seductive stage villains—the gangsters Eddie Fuseli (“Golden Boy”), Kewpie (“Paradise Lost”), and Moe Axelrod (“Awake and Sing!”), the womanizer Mr. Prince (“Rocket to the Moon”), and the Hollywood mogul Marcus Hoff (“The Big Knife”).

I Guess I’ll Take a Number

Personally, I thought Xeni Sucks was a jejune and solipsistic effort to gain attention. When somebody forwarded me the link, I clicked on it, yawned and then left. Little did I realize that it was “a blog written by a man who virulently hates a female tech journalist, and writes in detail *several* times a day including his violent fantasies about her, and her family (who he names).” It would help if Violent Blue offered specific examples to support her thesis here. Because skimming through the Xeni Sucks site, I can find nothing on it that reflects her findings. Yes, there is a good deal of juvenile (if obsessive) banter which attempts to mock Xeni’s posts at Boing Boing. Yes, the proprietor of Xeni Sucks should probably get a life.

For anyone who believes in women’s rights, I can see why anyone paying attention to the news would be angry. I certainly am. But while I agree that the gender chasm between tech journalists definitely needs to be rectified in some way, does this mean that a journalist’s work shouldn’t be criticized? Even in a childish way?

Looking at the Xeni Sucks site, I see nothing which corroborates Violet Blue’s findings. I see nothing in the cited New York Times article that suggests that badmouthing women is a good thing. And if Violet’s post were broached by a copy editor, it might be construed as unfounded libel.

And there’s still the flimsy reasoning. To offer a corollary, by Violet’s standards, the many posts here calling into question Caitlin Flanagan’s smarts might suggest that Return of the Reluctant is “a blog written by a man who virulently hates a female journalist, and writes in detail *several* times a week.” Does this make me a sexist? Or a women hater? (If so, I marvel at the irony of my Caitlin Flanagan-themed posts, all of them inveighing against sexism, being construed as sexist.) I live in San Francisco. Should I be next in line to get my ass kicked?

(via Metafilter)

J-Franz: A DFW in the Making?

Mr. Orthofer is well ahead of us. It looks like Jonathan Franzen has a new book, but it’s not a novel. It’s a memoir. Even worse, the book’s called The Discomfort Zone. We suppose that J-Franz should be extolled for truth in advertising. But we wonder if Franzen is venturing down the same unfortunate road as DFW. Like DFW, Franzen, after a major absence from writing (five years for Franzen, ten for DFW), has failed to write a novel after a well received title. After all, if David Mitchell has the cojones to follow up Cloud Atlas and offer a major departure in form, shouldn’t DFW or J-Franz have similar brass balls to follow up their highly regarded novels? Or perhaps the British have more courage and the American writers are just plain chicken.