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Friday, February 20, 2026

Two Prominent Judges Take Bizarre Action in Occupy Wall Street Case

Courtesy of Pam Martens.

Occupy Wall Street's People Puppets Marching in Manhattan

Occupy Wall Street’s People Puppets Marching in Manhattan

The Partnership for Civil Justice Fund (PCJF) has a slogan: “The constitution won’t defend itself.” Today, the dedicated attorneys that battle for the little guy at PCJF must be thinking – “the constitution won’t be defended by flip-flopping judges either.”

PCJF finds itself in a uniquely bizarre situation. Two prominent judges with brain-trust status on the Second Circuit Court of Appeals, which is based in Manhattan, have overturned their own decision that they handed down just six months ago. That’s strange enough but what really has tongues wagging in legal circles is that they reversed themselves with no party asking them for a rehearing. The case had been accepted for an en banc (full court) hearing at the Second Circuit when the two suddenly reversed themselves.

The case involves Occupy Wall Street – the largest protest movement against Wall Street bankers’ pillaging of the 99 percent with impunity from Washington since Wall Street first began trading under the Buttonwood tree in lower Manhattan. PCJF had filed a class-action lawsuit on behalf of approximately 700 Occupy Wall Street peaceful protesters who had been herded and corralled on the Brooklyn Bridge by the NYPD on October 1, 2011, then arrested en masse. Three days after the mass arrest, PCJF filed the class action lawsuit.

The case was first heard at the U.S. District Court level by Judge Jed Rakoff, the same Judge who attempted to stop the cozy deals between Washington and Citigroup and was himself slapped down by the Second Circuit Court of Appeals.

PCJF submitted video footage to the District Court showing that the NYPD led and escorted the marchers onto the Bridge, thus suggesting to the marchers that the police were allowing the procession to cross the Bridge. Police then blocked the means of dispersal from both the front and back end of the procession, removing any possibility of marchers being able to disperse even if they had heard an order to disperse.

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