Tag Archives: Floyd

Kenosha – The Shooting of Jacob Blake

Seven shots at point-blank range from behind. A literal miracle that the young man is still alive.

I have no idea what actually happened, any more than anyone who was not there. Even for those present, the shock of an event like this, both expected yet not expected, may lead to conflicting understandings of the facts. But I do know a few things.

This was labeled by the media as an “officer-involved shooting,” a formula for reporting that has become commonplace in today’s journalism. In plainer English, it means a police officer shot someone. It does not mean there was a shooting incident in which a police officer was somehow involved. Why the media dresses up these incidents with this deflective language is not hard to understand. It’s a way of de-intensifying the truth, a way of making the reality somehow less disturbing. The language tends to dull the emotional response, especially when the truth is that one or more police officers fired seven times at point-blank range into an unarmed man’s back.

One witness interviewed on camera said there was a fight among some girls that Jacob Blake, who is a security officer, attempted to break up. The witness reported that after the police arrived, Blake walked to his car where his three children were waiting, opened the door and was shot in the back. Seven shots at point-blank range. The witness said Blake was not armed and made no gestures that could be interpreted as threatening to the police who shot him.

Presumably, we’ll learn more about those details. How this incident began, how Blake became involved, who called the police and why, what the police did when they arrived, why Blake tried to leave with apparent determination (walking quickly back to his car) and so on. There is much yet to be known.

But I also know this much.

The president of the Kenosha Professional Police Association issued a statement:

Part 1 – the standard formula of “we feel bad too”:

Anytime deadly force is used, our hearts go out to those affected by it.  We assure you an independent investigation is being conducted by the Wisconsin Department of Justice, Division of Criminal Investigation.

Part 2 – the standard formula of “we need more time:”

Until that investigation is completed, we ask that you withhold prejudgment about the incident and please the let process take place.

Part 3 – the standard formulaic objection to statements made by others suggesting something might be amiss with the police response:

Governor Evers’ statement on the incident was wholly irresponsible and not reflective of the hardworking members of the law enforcement community, not to mention the citizens of the City of Kenosha.

As always, the video currently circulating does not capture all the intricacies of a highly dynamic incident. We ask that you withhold from passing judgement until all the facts are known and released.

Part: 4: the standard formula “let’s all be patient, fair and objective:”

We, along with the citizens of the great City of Kenosha, ask for peace and to let the process play out fairly and impartially.

https://bit.ly/34uOOnO

The Governor’s statement was largely formulaic too, but it’s tone and direction was quite different, explaining perhaps why the head of the police union took such offense at it. For example,

We stand with all those who have and continue to demand justice, equality and accountability for Black lives in our country — lives like those of George Floyd, of Breonna Taylor, Tony Robinson, Denise Hamilton, Earnest Lacy, and Sylville Smith. And we stand against excessive use of force and immediate escalation when engaging with Black Wisconsinites.

I have said all along that although we must offer our empathy, equally important is our action. In the coming days, we will demand  just that of elected officials in our state who have failed to recognize the racism in our state and our country for far too long.

https://bit.ly/34qr3xn

Of course, we understand that an investigation is necessary. No one can know exactly what happened based on the video taken from across the street. However, the similarities between this case and the many that preceded it cannot be overlooked. I am particularly reminded that in the aftermath of the murder of Ahmaud Arbery we were told the same kinds of things. The first official report in that case actually argued that the unarmed Mr. Arbery was responsible for his own death. See my analysis at https://shiningseausa.com/2020/05/08/when-do-we-take-a-stand-injustice-in-georgia/

The Kenosha police union has offered no solace in terms of a reasonable timeline in which to complete an investigation of a case like this. I heard one report stating that the authorities hoped to have a report in about a month. That is hard to accept. A man’s life has been threatened and may yet end tragically. Three young children saw their father shot. Apparently, the police in Kenosha do not wear body cameras. But surely the police know something that could be shared in the immediate future about what transpired. The longer the investigation goes on, the less confidence people will have in its outcome.

The concerns about extended delays for such “investigations” are many. They often take many months despite there being ample opportunity to interview witnesses, collect and analyze physical evidence and evaluate the governing legal principles. Delays also provide increased opportunity for police officers to coordinate their version of events. No doubt this is not the only case under investigation by the Kenosha police department, but under the remarkable circumstances, this case cries out for priority consideration and for investigation by independent authorities. The days of police departments or local prosecutors who work with the police every day investigating themselves should no longer be tolerated. Have we learned nothing from experience after experience with these situations?

Events like this won’t end with this one, that is certain. And, in case you’re wondering, thinking maybe I’m “against the police,” I can assure you I generally favor the retention of a highly trained police force in every community. But I also insist that the police that be properly vetted, trained and equipped with the necessary weapons of community policing and self-defense (is military equipment really necessary and, if so, against whom do they expect to use it?).

It also makes complete sense to me that every community in the country do what the Governor of New York has demanded, upon penalty of loss of state funding: a from-scratch re-evaluation of what each community wants from its police department and the re-allocation of tax and other resources to enable those outcomes. Call it “defunding” if you like, but it’s a common-sense concept in the end – use police for enforcing criminal law and use other resources for mental health and other situations in which enforcing criminal law is not the priority. People of good will can figure this out if they try. It’s way past time to do this.

Meanwhile, we’re left with yet another in the seemingly endless string of deaths-by-police or, if you still insist, deaths by police-involved shooting. Viewed only on the single video that has been published, it’s hard to understand what justification existed for Mr. Blake to be shot seven times in the back at point-blank range.

Kenosha experienced, predictably, rounds of protests and destruction in the wake of the Jacob Blake shooting. The destruction of property provides more ammunition for the “America is under mob rule” crowd of Republican Trump sycophants, but it is not hard to understand why the rage leads to this behavior.

All people of good will hope for Jacob Blake’s survival and full recovery, along with his children who must be traumatized beyond our imagining. Maybe the only clarity here is that we cannot move on until justice is finally done. The sooner the better, and also the righter, the better. I fear the consequences if the police dig in, withhold evidence, stall for time and eventually claim “qualified immunity.” This simply cannot continue. How many times do we have to go through this to learn from it?

Trump is Grooming the Country

Rumors are rampant – who are the federal troops in Portland, Louisville, Columbus and possibly elsewhere? Who pays them? Why do they not have identification other than “Police” on their “uniforms?” Why are some of them showing multiple bizarre arm tattoos?

These questions are rampant on Twitter among the Resistance. There are no real answers, just blustering comments from the head of Homeland Security, in perfect synchrony with the Trump playbook regarding “dominate the streets.” For reasons that defy my understanding, the White House press corps tends to behave like wayward children when they are in front of Trump and/or Kayleigh McEnany. They are not doing their job when they don’t ask the hard questions about these matters and demand responses.

Meanwhile, now that the polls consistently show Trump losing bigly to Joe Biden, Trump regularly tweets that the election is rigged. He has surrounded the White House with barricades and fences. He is sending more “troops” to Portland for the ostensible purpose of protecting federal property and ‘doing what the city won’t do to restore order.’ https://wapo.st/2WZHFaP However, per WAPO reporting, “The 100 law enforcement officers being sent there are being pulled from the ranks of deputy marshals who rarely have training in riot response or crowd control, according to law enforcement officials.” A good formula for failure.

The questions that keep arising for me are straightforward: what is the government’s end game? Is this a “capture and hold” strategy to secure the courthouse and wait out the protesters on the theory they will eventually tire and just go away? Or, does the government plan to escalate continuously by, for example, bringing tanks, armored troop carriers and machine guns into play to apply direct and overwhelming force against the protestors to compel a final solution, possibly killing protesters?

Perhaps I am naïve to think that this Keystone Kops array of advisors that Trump has assembled, but rarely listens to, is thinking strategically about the situation that was created in Portland when the first federal troops, or whatever they are, were sent there. Since their arrival, the violence, especially at night, has escalated dramatically as they have proved to be an irresistible target of hostility for the inaction of the city’s political leadership about the issues that led to the initial protests two months ago. While the actual combat zone appears to be only a few blocks near the federal courthouse, the images on TV and social media of the nightly conflict are stunning.

To be clear, I do not believe the violence against the courthouse, or against the troops defending it, is either smart or justified. But I think I understand the anger and frustration of the people in the street, including now “Momtifa,” veterans and others. Anyone looking at this with at least some objectivity must surely be asking the same questions I am asking: what is the end game? Police and troops are being injured, some severely. That is wrong and counterproductive. Protestors, some peaceful and some not, are also being injured. Video of the combat is everywhere. Some people see it as crazed law violators attacking federal property for no reason and others see the jack-booted thuggery of oppressive and unwelcome federal force attempting to compel the protesters to give up. All of those things are probably  true simultaneously in varying degrees and at different times.

One must wonder nonetheless whether this standoff can continue in stalemate indefinitely. It seems unlikely that the protesters are going to just pack up and leave. Will the government accept a long-term stasis or decide at some point to provoke a finish-fight in which it clearly will have the upper hand in physical power?

Trump, secure in his reinforced White House redoubt, is ultimately directing the use of force against American citizens in Portland, and in other cities as well. Trump’s approach seems to be a replay of Nixon’s Southern Strategy and his Vietnam “strategy” combined. But how does he bring it to closure? Does Trump really want to make his final run for re-election, including the debates with Joe Biden, while federal troops are locked in a death-spiral with Americans in the streets of multiple cities?

We need to consider the possibility that he does. He has been asked multiple times whether he will accept an electoral defeat in November and has refused to say “yes.” Instead, he tweets that the election is rigged against him, that mail-voting leads to massive fraud (for which all evidence is to the contrary) and thus, by implication, that he may not follow history and, however reluctantly, participate in the peaceful transition of power that has been one of the hallmarks of American democracy since the founding. Given Trump’s quixotic and uninformed comprehension of American history, it is entirely possible that the entire scenario in Portland and others is intended to lay the foundation with his political base for him to reject the election.

I am reluctant to say this, but I am more and more inclined to believe that is where we’re headed. If so, many, many serious questions will arise. The most important in my view is whether the U.S. military, under the presumed control of the Joint Chiefs of Staff, will permit a sitting president to reject an electoral outcome simply because he doesn’t like the result. Some have questioned where the U.S. military’s loyalties lie and have expressed concern that the troops may not obey their commanders if they are ordered to remove the president.

Related, of course, is whether, if vote is close, the courts will entertain what will almost certainly be pretextual and poorly evidenced claims of voter fraud. This will occur in the face of numerous cases of voter suppression in Republican-dominated states, combined with highly questionable decisions regarding the use of voting machines that are subject to tampering. The administration seems intent on rendering the U.S. Postal Service unable to handle the expected huge volume of mail-in vote driven by pandemic infection concerns, possibly to bring about the very situation it claims to abhor. The Republicans have also refused to approve legislation that would direct campaigns to report foreign interference on their behalf.

As we enter the election home-stretch, with political conflict, the debates and more going on against the backdrop of turmoil in Portland and elsewhere, these questions will become even more fraught. Absent the president laying out for the nation a strategy to end the conflicts, I am driven to the conclusion that Trump is preparing to contest the election and in that he will be supported by the Republican Party, the members of which have shown repeatedly that their loyalties run to Trump and retaining political power rather than to the Constitution and the general welfare of the country.

In support of that awful thought, I note that the Republican Party could not have thought it would remain in power forever with a deranged, untrustworthy, incompetent leader like Trump. It knew that the majority of Americans who voted in the 2016 election favored Clinton, despite the well-documented assistance for Trump from Russia. Did they really believe that Trump’s behavior in office was going to grow his political base from a minority position to a majority of voting Americans? Not likely. They must have been counting on voter suppression tactics that a Trump-stacked Supreme Court would endorse. And they probably figured they really didn’t need a broad voter majority if the base remained loyal in the  handful of so-called battleground/swing states.

But they could not have anticipated the grotesque murder of George Floyd and the reaction across the United States and around the world. The Republican Party is now like the proverbial cornered rat that, once it realizes its peril, strikes back with every tool at its disposal. From the rat’s point of view, it’s a life-or-death situation so it has nothing to lose by striking out at its enemy. That, I am afraid, is where the Republican Party is now. Knowing that it may not only lose the presidency but also control of both houses of Congress, some of its members face the possibility of being brought to justice for the crimes and non-criminal offenses against the country under Trump’s hand.

So, do we reasonably expect that the Republicans who have excelled at hard-ball politics for so long will just say “oh, well, that’s the way it goes?” The fate of the nation’s democracy depends on the answer. If it is even somewhat possible that the Party will back Trump’s refusal to honor the election, the safest course – the only course – is for the Democratic vote to be so overwhelming that there is no basis for claims that the election could have gone the other way. In short, a massive Blue Wave so powerful that there can be no doubt about the outcome. Anything less invites a disastrous power struggle and possibly the end of our Constitutional basis for self-government.

 

Successful Activism is Not a Part-Time Job

I have seen a number of comments by younger people to the effect that voting is a waste of time because after “activist candidates” are elected, nothing much changes. See, for example, Young Protesters Say Voting Isn’t Enough. Will They Do It Anyway? https://nyti.ms/2AKA2fZ

Given the staggeringly long history of racism in the United States, now combined with the militarization of police departments in the age of terrorism and the wanton use of brute force throughout the country , including federal troops in the Capitol deployed against peaceful protesters, the frustration and impatience with this “just vote” message is entirely understandable. There is no doubt that the sad place at which we have, as a society, arrived, is attributable in significant part to the failure of elected leaders to live up to their promises to bring about a more just society.

I am going to offer some thoughts about how this dysfunction has prevailed for so long. To be clear at the outset, I offer these not as excuses. There are no excuses. The racial situation is and always has been a national disgrace.

These thoughts are possible explanations that might illuminate a path forward and provide some hope to those whose frustration with failed progress has overwhelmed them in the wake of the murder of George Floyd, the most recent in a long line of tragedies and surely just the tip of the iceberg in what has gone on when there was no one around to video.

I base these observations on a period in my life when I was active in local politics in Virginia, leading a citizens’ group pitted against a large oil company that had purchased the development rights to finish the master plan for our “planned community.” The situation is not, obviously, analogous to the problem of police violence against people of color, but some of the lessons learned may be useful in thinking about the “is voting useless” issue.

For context, the oil company’s interest typically was in increasing development density – more homes and more people per available acre. Deviations from the original master plan for the town were subject to the approval of a Planning Commission and Board of Supervisors. The Board was the elected governing body for the county in which the planned community) was located.

Our group reviewed every proposed plan deviation and demanded hearings before the Planning Commission and the Board of Supervisors. The oil company soon began to refer to us as “rabble rousers” and “troublemakers.” It employed lawyers and experts to fight us at every stage. Sometimes we prevailed, sometimes not.

The governing bodies were typical of many local elected governing bodies across the country; regardless of how compelling our case was in any single situation, we faced resistance from some leaders who were more concerned about protecting developers’ “rights” and assuring rapid economic growth than they were interested in the environmental and social issues we often raised.

We were not without champions on these governing bodies, but the reality was that they had to deal with the other members of the bodies on a regular basis. Conflicts required compromise that often felt to us as “selling out of citizens’ interests to the commercial aspirations of greedy developers.” Our champions often fought hard for us but were outvoted. Sometimes their support was simply not as strong as we wanted. We told them so but were usually met with “you need to understand that to get anything done, we have to deal with the opposition in a measured and respectful way.” In those days the very idea of a “planned” community was anathema to many old-line Virginia conservatives and citizens demanding to have a voice in everything was a noxious concept to many.

We learned a few things from these experiences. It was necessary to show up all the time. Being ‘part-time’ advocates simply didn’t work. The politicians, those on our side and the others, needed to understand that there would be no respite. We would always show up, often accompanied by large numbers of supporters carrying/displaying some kind of identification that could be seen from the dais. Nothing disruptive but something clear enough that they would know we were there, watching. Voters in the room for every relevant decision. No respite.

There was pushback, to be sure. Our issues often were scheduled for late on the agenda, allegedly because they were “controversial,” but really so that it would be harder for our “troops” to stick around. Tenacity was important but ultimately many people with jobs the next day would have to leave the hearing for home before our items were taken up. As the group’s leader and advocate, I always stayed, sometimes until well past midnight. Nevertheless, our group’s unmistakable presence in the room, even for a few hours, signaled to the decision-makers that we were watching. Voters in the room. And the decision-makers also knew that by stalling us, they were offending many constituents. We got a few newspapers to write about it. Politicians hate bad publicity even when their names are spelled correctly. No respite.

My argument here is that it is simply not enough to vote. Bearing constant witness and constant engagement is critically important. After a while, our oil company knew we weren’t going away. Their management was furious that they could not control us. Calling us names just angered people even more. We used that against them to stir up more activism.

Well-healed adversaries, including police unions, can lobby all the time. Citizen activists are at a huge disadvantage, but can compensate to a large degree by (1) voting, voting, voting – the constant threat to remove ineffective politicians who can’t/won’t deliver on their promises (if they don’t think your group votes, they won’t care what you think or say), (2) making clear that you and your crowd will always show up for relevant decisions – pack the room, (3) treating everyone with respect, but (4) making clear you will not accept deflection and will use the tools of public advocacy, including particularly the press, to expose aggressively corrupt and indifferent decision-making, and (5) showing appreciation for victories won, even small ones – name the names; reward … and punishment. We are here. We will always be here. Deal with us and our concerns or pay the price. No respite.

Making change, progressing an agenda of challenging ideas is very hard. The natural inclination of most decision-making bodies is to move in tiny steps, if at all. Offend as few people as possible, go along to get along, etc. etc. Protests are extremely valuable for bringing attention to morally outrageous situations, but they are, standing alone, insufficient. Laws still have to be written, lobbied, passed, enforced. Recalcitrant leaders must be brought around. They must come to see that you are not going away. “Enough is enough” is not just a slogan. You cannot wait us out. Talk, talk, delay, study – no. Not good enough. We are not going away until you do the right thing. No respite.

America, We Have a Problem

Readers old enough or well-versed in space flight history will recognize my playing off the famous statement from Apollo 13 Commander James Lovell, shortly after an explosion aboard the spacecraft enroute to the moon: “Houston, we’ve had a problem.” So calm you might have thought he was just reporting routine fuel burn information.

I had the honor of working briefly with Commander Lovell, then retired, in the immediate aftermath of the 9/11 attacks. He was exceptionally gracious and willing to do whatever was asked. Our communications team at what was then the American Society of Travel Agents had the idea to have an astronaut film a public service announcement emphasizing that it was safe to fly again. We filmed it at O’Hare Airport, showing Lovell picking up a boarding pass, confidently going through the new security system. The PSA was seen by more than 200 million people.

I often think of those days in which our country was united in support of intelligently and safely getting the country moving again in the wake of the attacks that shut down air travel.

After the events of the past five or six, or is it 100 or the 56,575 days since the Civil War ended, I also often think of the ending of Shakespeare’s Romeo & Juliet in which the Prince addresses the warring Capulet and Montague families:

See what a scourge is laid upon your hate,
That heaven finds means to kill your joys with love.
And I for winking at your discords too
Have lost a brace of kinsmen. All are punish’d.

The Prince’s fine words are ultimately not enough to quell the irrational conflict between the families as they vie for who will create the better remembrance of the dead children. Thus, the Prince ends the play with,

A glooming peace this morning with it brings,
The sun, for sorrow, will not show his head.
Go hence to have more talk of these sad things;
Some shall be pardon’d, and some punished:
For never was a story of more woe
Than this of Juliet and her Romeo.

As I wrote recently, we seem to have learned nothing. Hate breeds hate. Violence breeds violence. Hate and violence reside in the ignorance of those who only see the “other” as less than human. It has been ever thus. Our beloved Constitution counted slaves as only 3/5 of a free person for purposes of congressional apportionment, thereby increasing the representation in Congress of states that legalized ownership of one person by another. The “North” won the Civil War but lost the peace. After “Reconstruction,” we reverted to Jim Crow and then segregation and it wasn’t just in the South that racism drove our politics.

That is part of the ugly truth of the history of the United States. Having spent my formative years in Memphis, Tennessee, often jokingly referred to as “really part of Mississippi,” I grew up all too familiar with the way racism robbed people of their dignity, their ability to earn a decent living and an equal education and, often of their lives without meaningful recourse.

Now in 21st century not much seems to have changed. Aside from income inequality, educational deprivation, and all the rest, we have again and again seen outrageous acts of white people against black people that go unaddressed. And those acts are often by police who have been given what the law calls “color of authority” to bear arms and enforce the law on the streets. They are given the benefit of the doubt in most close cases.

We all understand that their job is difficult and dangerous. There are many bad actors in our society, as in all societies, and we depend on the police to protect everyone else. The theory is that with good police protection, the citizenry does not have to arm itself and prepare to “take the law into its own hands” when it believes the police power needs to be invoked. That’s the theory.

Most police, I continue to believe, are honest, hard-working people trying to do the right thing. Their job does involve danger. That is why, among other things, they are provided training, advanced weapons and communications tools. I participated in one-day “school” in Alexandria, VA a few years ago, providing exposure to some of the tools and training that the police there were given. It was impressive. It also was discordant with some things I had personally witnessed on the streets of Old Town Alexandria in which police officers behaved in an unhinged way toward citizens who had engaged in minor violations of traffic laws. The line is a fine one.

It is also true that there are many police who cannot conform to norms of conduct. I have read stories of medical personnel saying they have treated many injured police officers and were stunned to see how many “white power” and similar tattoos they had.

So, finally, to the main issue for today. Multiple American cities are in turmoil. Protests have turned violent and the violence has been met with more violence, by the local police backed by state police and National Guard forces in full combat gear with military grade vehicles and weapons. To be sure, the LEOs are usually outnumbered but the protesters are unarmed at least usually. There are exceptions, of course, but the evidence so far is that the protesters’ main weapons are water bottles and traffic cones. And their bodies. Multiple videos have surfaced of police crashing cars into crowds of protesters, pepper spraying passively protesting individuals, physically attacking unarmed women and on and on.

Meanwhile, of course, the inevitable has happened. We are told, and there is no reason to doubt, that much of the violence (burning of buildings, destruction of storefronts, looting) has been caused by people from out-of-state to the city in which they were arrested. I expect that the affected cities will “throw the book” at these provocateurs; surely by now there is a state law everywhere for crossing a state line to perform terrorist acts or something similar.

I say this is inevitable because it simply is. Society, sadly, includes many people who are unwilling or unable to comply with law. It also includes people who, for reasons of ideology, will try to coopt a protest to make the protesters look bad. The right-wing media and the politicians to whom they cater will then try to shift the narrative to “it’s not a legitimate peaceful protest because, look, it’s looters and arsonists, etc etc.” This is a familiar refrain that is often, wittingly or otherwise, legitimized by the mainstream media. It doesn’t take long on the main channels to realize that the violence is getting most of the attention. It always does. And that’s part of why it happens.

The obsession with the violence obscures critically important issues that arise every time we are in this situation.

The major police presence at the scene of protests does not just happen. The police has a command structure. Orders are given. In light of the scenes of police behaving in inexplicably violent and seemingly random ways, it’s more than fair to ask, indeed, it’s essential to know:

What role do the police have? Stop the protest? Arrest as many protesters as possible? Just wait and crack down after the curfew? Why are they on the street?

Without focus, they seem intent on attacking demonstrators. Their role of protecting property seems minor or irrelevant to their reason for being there.

What instructions were the police given?

The videos I have seen tend to show large numbers of police either blocking protesters’ path or trying to push protest groups into particular spaces. If they are resisted, they react explosively. The videos show police using batons in repeated blows to protesters on the ground and multiple instances of pepper spray being used against unsuspecting, fully complying individuals.

Where are the police on-site leaders during these events?

There appears to be little or no leadership. If it’s present, the leadership seems to condone if not actually order these attacks.

One situation that brings the above question sharply into focus is a video of a roughly few dozen police marching down a residential street in Minneapolis, screaming at residents to “get inside.” The person who was apparently on her front porch filming this and expressing surprise at the force appearing on her street is suddenly fired out with either paint balls or rubber bullets. They flee inside. Fortunately, no one was hit in the face or worse.

In another video that has attracted the attention of the Mayor of New York City and the Governor of New York State, a police car drives up to a metal rack, similar to a bike rack, being held by a large group of protestors in the middle of the street. The car stops. Water bottles and a bag are thrown at the car. Another police car appears and passes the stopped car on its right and plows ahead into the protesters. The first car then moves rapidly against the metal rack, driving it and the protesters holding it sharply backwards. Many people go down. It appears, miraculously, that no one was killed. But they easily could have been.

I understand that the police in those cars may have felt threatened. But they could have backed up. If they had a critical reason to advance at that particular moment, despite the risk to the protesters, it will presumably be disclosed in the forthcoming investigation ordered by the Governor to be conducted independently by the state attorney general.

It is difficult to understand how these seemingly random acts of police violence contribute to anything positive.

Why were the police sent into these situations? Do they not employ spotters and have advanced communications to produce high-grade situational awareness?

The police in the Minneapolis residential video can be heard issuing the order “light ‘em up” just before the shooting starts.

Is that what the police are for? To “light ‘em up?” Rough them up so they’ll want to go home?

There is, of course, another way. There is a video from Flint, Michigan, one of the most troubled communities in recent history, in which the sheriff tells the protesters, “we’re with you. We’ve put down our batons. Let’s make this a parade…. My officers love you…. Where do you want to go?…. we’ll march all night. Tell us what you want.” The result: protesters want their selfies with the sheriff and peace prevails.

Another image shows police on one knee in solidarity with protestors, while yet another shows Kansas City police holding signs that say, “End Police Brutality.”

I want to make three other points. First, Governor Cuomo, whose work on the pandemic has been, in my judgment, exceptional, passionately addressed the protests in his briefing today. He, of course, decried the violence. Fine. He also offered several specific proposals to change the way things work. He mentioned having independent review of complaints about police conduct, saying “self-policing just doesn’t work.” He argued for a uniform state law across the country on what constitutes “excessive force.” Both are good ideas.

But they do not go to or anywhere near the root problem, which is the persistence of racism throughout the United States. We won’t eliminate racism everywhere overnight, especially given the history that has brought us to this sad day. But, is it not time to address racism in the police departments around the country? Surely, it is not acceptable to have police be members of white supremacy organizations. Surely, there are ways to detect suppressed racism and subliminal bias and racist attitudes through testing and investigation. What is missing is the will to do it. There is simply no excuse to have racist cops on the force. On any police force. Yet, judging from the events of the past five days, likely to be repeated tonight, there is a staggering amount of racism rampant among our law enforcement services.

Next, I have been disappointed, stunned really, to see that the past five days of protests have seen few if any political or religious leaders on the streets with the protesters. This is not how it was during the Vietnam protests. We often had major political figures with us and “handlers” who understand how to keep the crowd’s “temperature” down when “outside agitators” tried to provoke violence. And it wasn’t that way during the major civil rights protests and the Women’s March.

Finally, I truly understand how horrified many people are about the looting, burning and rioting of some of the protesters. Related to the other points I’ve made, however, is the proposition that if you don’t given people anything to hold on to, they will just choose something at random. This usually has bad outcomes, as it did this week. We might have expected that the president of the country would step into that void but was kept busy throwing red meat to his political base with tweets promising “vicious dogs” and “ominous weapons” would be used against protesters if they breached the security perimeter of the White House. Then, the president took the day off.  Nothing more need to be said about this total failure of leadership except that it, yet again, shows how unfit Donald Trump is to lead the country.

May I Remind You

I just published a long piece about the killing of George Floyd by the Minneapolis police. As I wrote it, another story kept emerging in my thoughts, a true story from my distant past.

It was 1968. April 5. A nice warm spring day in Washington DC, where I worked as a newly-minted trial lawyer at the Civil Aeronautics Board. The CAB offices were in a building at Connecticut Avenue just below the Washington Hilton. My then wife worked some blocks downtown for an association. Typical Washington jobs.

We got the news the previous day that Martin Luther King, Jr. had been assassinated in Memphis, the city where I grew up from age 2 to age 17 when I left for college. Washington was in flames, we were told, and the government was closing. I made my way downtown, leaving my car, a Volkswagen, parked on a sidewalk and walked to my wife’s office. Everyone was confused. There was no internet, no Google, no good way to find out “breaking news” that is now a staple of our daily existence. The rioting had started the evening before but there was no up-to-the-minute news. So, we watched the scene unfolding outside at a major downtown intersection. Gridlock. Total gridlock. No one moving. Horns honking. People shouting at each other from their cars. Panic.

I took a glass of scotch and walked down to the middle of the intersection, threading my way carefully through the cars. I wore my customary work clothes, a vested suit, as was common in those days. I put my drink down in the dead center of the intersection and became a traffic cop. I began “ordering” cars to wait before entering the intersection. Most drivers, though not all, obeyed, and a semblance of order began to emerge from the chaos.

Every so often a car would stop in passing by me, roll down the window and a frantic person, always white, would look out at me and yell “Thank you, oh thank God for you.” I didn’t know what to say except “you’re welcome.” The scene was totally surreal.

White people were fleeing the city by the tens of thousands. Some crying. I could see the smoke from the 7th Street NW and 14th Street NW corridors, just three blocks from where I stood and could smell the acrid odor. For whatever reason, I was not afraid, but fear was all around me. I suspected that those people thought the black people burning Washington were going to come after them if they didn’t get out of town quickly.

The aftermath is well known. One of the major reactive themes was, “those people are crazy because they burned their own businesses.” It was true. Many black-owned businesses in the area were savaged in the rioting. The rage was simply that – rage – and the rioters took it out on what was near them, their own businesses and even homes.

Crazy? Perhaps, but that’s what rage does. White people seem to think that rage should somehow be rational, in the way that a professional boxing match is rational – people fighting by agreement over a prize, winner-take-all. But, of course, that is not rage. That is just business. Rage is something else altogether, and we’re seeing it in Minneapolis and many other cities across the country. We should not be surprised.

My story ended quite simply and quietly. A relatively young police officer appeared out of the chaos surrounding the intersection. He was black, as were many members of the Washington police force. He walked toward me slowly, carefully. I thought, “great, reinforcements.” I looked at him and he looked at me, the anger etched in his face. He was in no mood to have a friendly chat with the white stranger doing a policeman’s job in a scene of total chaos. I don’t recall exactly what I said, but I think I tried to smile and asked if he was going to stay. He said something about taking over and I picked up my drink and backed out of the intersection. He had no time or further interest in me. I understood then and understand now why that was so.

I can still see his face. He was in control of his anger, but it was obvious how conflicted he was to have been ordered to help these hysterical, panicked white people flee the city that was burning just down the road. I suspect he came from that direction, knew what was happening but was here now to do his duty, despite his personal pain and despair.

I confess I was glad to get back inside. But I will never forget the way that young black policeman looked at me. He felt no sense of thanks for me having helped out, no empathy, and I didn’t expect otherwise. I can’t begin to imagine the depth of his suffering even as he continued to do the duty he had sworn to perform.

The coda to the story is that there were mass arrests of protestors and rioters alike. A call went out for lawyers to come downtown to the courthouse to help process and represent those huge number of detained people, many of whom were innocent of any wrongdoing. My good friend and officemate at the CAB and I decided to volunteer. We drove into Washington that evening, passing military guards on the Key Bridge. Soldiers were stationed in the doors of businesses on M Street in Georgetown. Machine gun emplacements were visible on the lawn of the White House. Ultimately, we were rejected by the administrators of the court on grounds that as federal employees we had a conflict of interest in representing individuals charged with federal crimes. We drove home. The rioting lasted for four days.

And here we are again. Fifty-two years later. Same story. Again. And again.

Déjà vu All Over Again – We’ve Learned Nothing

Minneapolis burns. Los Angeles. Memphis, Louisville. Others.

A police officer in full view of multiple people, including store surveillance cameras, calmly kills an unarmed, non-resisting person accused of trying to pass a fake $20 bill. The unarmed, non-resisting man is a big man, imposing stature, but not resisting. His hands are in cuffs behind his back. The police officer forces him to the ground on his face, or maybe he sits down on his own. Maybe he said something offensive or even threatening. So what? He is cuffed and defenseless. The officer places a knee on the man’s neck. The man complains “I can’t breathe.” Multiple times. The officer ignores him. The other three officers on the scene ignore him. Witnesses plead with the police to check the man, but they are ignored. The man stops breathing. Still the police officer sits on his neck. The man dies.

The man dies in the presence and under the complete control of FOUR ARMED POLICE OFFICERS EQUIPPED WITH PEPPER SPRAY, TASERS, CLUBS, SIDEARMS. IF the man said something threatening to the officer OR IF the man did “resist” by passively dropping to the ground, under what police procedure and training did one of the four officers to think that the appropriate response was to sit on the man’s neck until he died? Is it even conceivable that police procedure condones this practice? Anywhere in the United States?

The prosecutor goes on TV and says there is “other evidence” indicating no crime was committed. What evidence? No comment. Why, then, did the prosecutor think it was a good idea to tell everyone he already had doubts about what virtually every non-racist person on the planet believed was almost certainly a crime – the deliberate taking of a life without justification under color of authority? Again.

All four of the officers have been fired so they are not among the strike force of hundreds of police now sent to suppress the, surprise, rioting and looting that have broken out in the wake of yet another “good people on both sides” scenario. The police use tear gas, pepper spray, fire hoses, among other things, against the crowds of enraged protestors.

Many people who were silent in the immediate aftermath of the video releases that at least raised a presumption that a police officer had, for the how-manyieth-time, killed an unarmed, non-resisting black person have come out clutching their pearls over the terrible rioting and looting. Sure, there may have been a problem with the police conduct – maybe, who knows, there could be an explanation, let’s wait for all the evidence, don’t jump to conclusions –but rioting and looting? Outrageous. Taking property? Unacceptable. Must meet force with force. Law and order. Restore peace by whatever means. Call out the National Guard.

And if you’re the president of the United States, what do you do? Well, our current president calls people names, threatens to “take control” with the military and “when the looting starts, the shooting starts.” Here is part of Trump’s actual message:

These THUGS are dishonoring the memory of George Floyd, and I won’t let that happen. Just spoke to Governor Tim Walz and told him that the Military is with him all the way. Any difficulty and we will assume control but, when the looting starts, the shooting starts. Thank you!

You don’t need a degree in linguistics to get the president’s message: “I will declare martial law and I approve of the National Guard/military shooting protesters who are rioting and looting. That’ll show ‘em who’s the boss.”

The victim here was a black man named George Floyd. His name joins the pantheon of unarmed black people killed by police in circumstances where other means of addressing the “situation” were readily available. Often the “situation” is really just that a black or brown-skinned person was involved. Involved in the sense of just being there. Despite the availability of other options, the police in these cases chose the lethal option. It’s not an accident. It’s a choice. And in virtually every case, the police are exonerated. There have been a few exceptions, but precious few.

The officer who killed George Floyd had 18 complaints on his record. One of the other four had six complaints and was involved in a settled lawsuit alleging use of excessive force among other things. https://cnn.it/2M8R3mm

All four officers in the present case have been fired. Fine, but not enough. Not even close. They will no doubt face civil suits whether or not the City of Minneapolis takes action against them. Why they are still at large is unknown and inexplicable on the known facts. Reminds us of the initial reaction of authorities in Georgia to the killing of Ahmaud Arbery. The “there is other evidence” position of the prosecutor is very close, too close, to “good people on both sides,” the president’s unsubtle endorsement of the neo-Nazis in Charlottesville. The mind boggles at the thinking behind the prosecutor making such a statement while refusing to describe the evidence. But, rest assured, he will study this case really hard and be sure the law is followed. Rest assured.

While you’re waiting for the prosecutor, think about this. What would the operative difference be if, instead of kneeling on Floyd’s neck, the policeman had rolled him over, pinning his cuffed hands under his body, sat on his chest and choked him to death with his fingers? Any real difference?

The Minnesota GOP had plenty to say about the beaches being closed due to the coronavirus pandemic, but I can’t find anything they have had to say about the killing of George Floyd. No doubt, they are “extremely concerned” that there has been violence and property loss. They likely joined the Trump-led GOP chorus of outrage at Colin Kaepernick peacefully protesting by kneeling at a football game during the playing of the National Anthem. They can’t have it both ways. Peaceful protest – Noooo! Riots and looting – Noooo! The real message, obvious to me and others, is, “don’t be black.”

As a society, if that term still applies, we appear to have learned nothing. Armed racists threaten legislators over pandemic lockdown and masking policies, and no one lifts a finger. Police are expected, and do, stand in rows while being screamed at by AR-15 carrying vigilantes complaining about their “rights.” No one is arrested. In Minneapolis, on the other hand, today’s protesters were pepper sprayed by the driver of a passing police car for no discernable reason except a “take that” attitude by an unhinged and uncontrolled police force. The officers surely know they are being filmed but they are not concerned there will be repercussions if they wantonly attack protesters.

I get that police are under a lot of stress. I support the police almost all the time, but not when unarmed black and brown people are killed and there were readily available alternatives to the use of deadly force. Police are supposedly trained and re-trained on the use of deadly force. Presumably their calm under stress is evaluated carefully before they are unleashed on the community carrying an array of weaponry, some of which can be used to kill. Or maybe not. Maybe in Minneapolis and the countless other places where these violations of human rights have occurred the police are not really trained. They are just armed and sent into the community with instructions to “keep the peace” however they choose. Is this possible?

In the George Floyd case, ironically and painfully, the police didn’t need to use anything but handcuffs to kill a man. We have learned nothing from all the prior cases. And the president of the United States just fans the flames with hostile rhetoric, showing yet again his complete unfitness to hold office. Still, the Grand Ole Party is apparently silent. They sat silently and voted to acquit Trump when he was impeached for extorting a foreign government, allowing him to withhold relevant evidence and witnesses. They sat silently while Trump’s henchman Attorney General William Barr lied and distorted the Mueller Report. They preach law and order while the president’s immigration policy separates families and leaves small children parentless, in some cases forever, locking them in cages in concentration camps.

This is but a small sample of what Republican leadership has created in America. All the racism can’t be blamed on them, but they have endorsed and facilitated it over and over. And when the police yet again kill an unarmed and defenseless black person, they sit silently until their leader speaks and incites further hatred, dividing the country even further.

How long does the white conservative establishment think the underclass which is huge and growing is going to continue to tolerate this blatant racism and discrimination? Do they not understand that when large numbers of citizens no longer feel invested in the established order and peaceful change of that order is foreclosed, they lose their connection to that society and their justified but ignored and resisted rage boils over? How long do they think this can continue without serious and violent consequences becoming the order of the day, as the unwarranted killings of unarmed black and brown people has become the order of the day?

November is coming, not soon enough, but it’s coming. The good people of this country had better put an end to the Republican leadership that has brought us to this place. The consequences of failure are too grim to imagine, but it seems certain that the failing light of democracy that, at least in principle, was the founding dream and aspiration of this country will be extinguished if change is not achieved. That sounds apocalyptic, I know, but don’t believe it can’t happen here. It can and it will, unless we stop it. ENOUGH!