“What Does Justice For Trayvon Look Like?”: A Guilty Verdict Is Only A Consolation
The murder trial of George Zimmerman for the killing of 17-year-old Trayvon Martin is nearing its end, with the defense expected to rest its case today. It’s time to prepare for what happens if Zimmerman is acquitted.
I believe strongly in his guilt, but I’ve also watched the trial closely, and between the second-degree murder charge, where the prosecution must prove ill will or malice, and Zimmerman’s crafty defense, it is entirely plausible that he’ll walk. The special prosecutor assigned to this case, Angela Corey, originally charged Zimmerman with second-degree murder denying that it was because of “public pressure,” but because of “special evidence” that supported the charge. Legal analyst Dan Abrams, writing for ABC News, said:
I certainly sympathize with the anger and frustration of the Martin family and doubt that a jury will accept the entirety of George Zimmerman’s account as credible. But based on the legal standard and evidence presented by prosecutors it is difficult to see how jurors find proof beyond a reasonable doubt that it wasn’t self defense. Prosecutors are at a distinct legal disadvantage. They have the burden to prove that Zimmerman did not “reasonably believe” that the gunshot was “necessary to prevent imminent death or great bodily harm” to himself. That is no easy feat based on the evidence presented in their case. Almost every prosecution witness was called to discredit the only eyewitness who unquestionably saw everything that occurred that night, George Zimmerman.
It’s heartbreaking to think that Zimmerman killed Trayvon and may never face punishment, but it’s possible. And for those of us deeply affected by Trayvon’s death, we have to think carefully about what comes next.
Because even a guilty verdict is only a consolation. It would send a one-time message that a black child’s life had value, but it would hardly shift the tide from the constant dehumanization. We would still be up against the same system—not only our criminal justice system but a larger cultural sytem—in which it was prudent to test Trayvon for drugs but not Zimmerman, that would ask a grieving mother if her son did anything to cause his own death, and that didn’t see fit to make an arrest for nearly a month and a half.
This requires us to wrestle with this question: What does justice for Trayvon look like?
Because if you’re like me, you don’t see prison as the answer. The prospect of Zimmerman sitting behind bars for twenty-five years doesn’t invoke a sense of justice. That just means they’ll be another person languishing in our broken prison system. Our carceral state doesn’t work, and relying on it to bring justice for any of us is a fool’s errand. We need a new outlook.
Justice needs to be more proactive. It should consist of an entire society doing everything it can to ensure that what happened to Trayvon never happens again. This includes a commitment to seeing the humanity in black men and boys, and letting go of the entrenched idea of their inherent criminality. It means divesting from the racist ideology that would have us believe black men are preternaturally violent creatures seeking to wreak havoc on America. Justice is black boys not having to grow up with that hanging over their heads. Justice is support for their potential. Real justice is this country truly believing that the killing of black boys is a tragedy.
When Trayvon’s father was on the witness stand, it was clear, more than a year later, he was still trying to process his son’s death. Assistant State Attorney Bernie de la Rionda was asking him about the 911 call where you can hear the gunshot that killed Trayvon. He started his question: “You realized that that was the shot…” and before he could finish, Tracy Martin chimed in, “That killed my son, yes.”
Justice is making sure no parent ever has to say those words again.
By: Mychal Denzel Smith, The Nation, July 10, 2013
“Edward Snowden Is No Hero”: Civil Disobedience Is, Almost By Definition, An Act Of Faith In Vindication
Mohandas Gandhi went to Yeravda Central Prison.
Martin Luther King Jr., went to Birmingham jail.
Nelson Mandela went to Robben Island.
Edward Snowden is going to Venezuela.
Or not. His destination was up in the air as these words were written. A Russian lawmaker tweeted on Tuesday that Snowden, the fugitive former U.S. contractor, had accepted asylum from Venezuela. Then the tweet was deleted and the official word was that there was no official word.
Whatever happens, one thing is obvious. Wherever Snowden goes, he has no intention of coming home to answer for what he did.
One struggles to know how to feel about that.
Many of us, after all, believe he struck a blow for freedom in leaking classified information revealing the breadth and depth of government spying on private citizens. But he seems not to have thought through the implications and likely outcomes of that act. How else to explain the fact that he has wound up trapped in the international transit zone at the Moscow airport, unable to enter the country, yet unable to leave because he has nowhere to go?
Well, that’s not quite accurate. Snowden is reported to be fielding offers of asylum from several nations, including, besides Venezuela, Bolivia and Nicaragua. It is worth noting that these would-be benefactors all have problematic recent relations with his own country. Surely that plays a part in their eagerness to get their hands on him.
One wonders if he understood what he was getting into. Civil disobedience is never without risk and one accepts this going in. To practice civil disobedience is, after all, to break the law in the conviction that doing so serves a higher moral law.
A visitor from China once asked Dr. Bernard Lafayette with some amazement how such a thing could be justified. Was that not a recipe for chaos? If every citizen can choose for himself or herself which laws to obey and which to ignore, does that not show disrespect for the very rule of law? Lafayette, a hero of the civil rights movement, said no, because civil disobedience does not seek to evade punishment. One shows one’s respect for the rule of law, he said, by submitting to the penalties prescribed for breaking it.
Dr. Daniel Ellsberg would likely disagree; he supports Snowden’s flight to elude U.S. authorities. Ellsberg famously leaked the Pentagon Papers in 1971 and faced a possible 115-year sentence for doing so. Charges were dismissed in 1973.
In an op-ed published Sunday by the Washington Post, he argued that Snowden’s situation cannot be compared to his — different circumstances, different era. Snowden, he writes, would likely be disappeared into solitary confinement if returned to these shores and have little chance to contribute to the debate on government surveillance.
Perhaps. But here’s the thing: Civil disobedience is, almost by definition, an act of faith. Not faith in government, nor even faith in law, but faith in vindication. It is an act that says, I am right, so I refuse to obey this law and will take my medicine until you see that I am right.
Snowden is not willing to do that, not willing to stand, with head held high, upon the courage of his convictions. There is something unseemly about that. It makes his action feel unfinished. And undermined.
Yes, there’s also something unseemly about some guy sitting safely behind his desk smugly advising some other guy to put the rest of his life at risk for the sake of principle. But consider the alternative. Should he go to some unfriendly nation and become a propaganda tool against his own country? No. There are no seemly options here — only a narrowing range of unseemly ones.
So Snowden should come home. You may say that is the worst possible choice, and you’d be right. It is the worst.
Except for all the rest.
By: Leonard Pitts, Jr., The National Memo, July 10, 2013
“Nothing To Lose But Power”: Wal-Mart Plays Hardball In The District of Columbia
There’s a power struggle going on in Washington right now, not between Republicans and Democrats but between Wal-Mart—which is supposed to open six stores in the District—and the city council, which has a bill pending to require big-box retailers to pay a living wage. As you surely know, Wal-Mart was built on keeping costs as low as possible, particularly labor costs. The model Wal-Mart recruit is someone who has no other employment options and will take whatever they can get. The retail colossus isn’t going to let some uppity city council tell it how much it can pay its employees:
The world’s largest retailer delivered an ultimatum to District lawmakers Tuesday, telling them less than 24 hours before a decisive vote that at least three planned Wal-Marts will not open in the city if a super-minimum-wage proposal becomes law.
A team of Wal-Mart officials and lobbyists, including a high-level executive from the mega-retailer’s Arkansas headquarters, walked the halls of the John A. Wilson Building on Tuesday afternoon, delivering the news to D.C. Council members.
The company’s hardball tactics come out of a well-worn playbook that involves successfully using Wal-Mart’s leverage in the form of jobs and low-priced goods to fend off legislation and regulation that could cut into its profits and set precedent in other potential markets. In the Wilson Building, elected officials have found their reliable liberal, pro-union political sentiments in conflict with their desire to bring amenities to underserved neighborhoods.
For Wal-Mart, this isn’t just about these particular stores. They can make money even if they pay a higher wage at these stores, and with over 10,000 stores around the world, the D.C. locations are a drop in their enormous bucket anyway. It’s about their relationship both to the people they employ and to the communities they locate in. It’s about power, and as far as they’re concerned, power has to reside with Wal-Mart. Their employees do what they’re told and get paid what they’re told, and if they don’t like it they can go find another job. By the same token, the city council gives Wal-Mart what it wants, and if it doesn’t they can try to find somebody else to open a store there.
My guess is that in the end, either the city council will cave or Mayor Vincent Gray will veto the bill (he says he’s considering it). Why? Because Wal-Mart can walk away from the D.C. stores without a second thought, while the council desperately wants both the jobs the stores will bring and the ability for their constituents to have a convenient place to shop. One side has virtually nothing to lose, while the other side has a great deal to lose.
Would Wal-Mart make less money if they paid their employees a little more? Not necessarily. There are other models out there, most notably Costco and Trader Joe’s, which believe that by giving their employees higher wages and good benefits, they can reduce turnover and provide better service, which lowers costs and increases sales. And it works: they’ve achieved steady growth and excellent profits by making their employees happy.
But the idea that the way to deal with employees is to basically treat them like the enemy, which includes not just paying them as little as possible but also reacting to any hint of solidarity among the employees like an outbreak of the Ebola virus, is bred into Wal-Mart’s DNA. Think I exaggerate? Back in 2000, 11 meat-cutters at a Wal-Mart in Texas voted to join a union. The company responded by announcing that it was immediately eliminating the meat-cutting departments at 180 stores and switching to pre-packaged meat, and would eventually eliminate the meat-cutting departments at every store in the country. They don’t screw around, as the D.C. Council has just discovered.
By: Paul Waldman, Contributing Editor, The American Prospect, July 10, 2013
“The Challenge Of Rebranding The GOP”: The Prescription For A Republican Comeback Outside The South Will Be Painful
The trendlines are bad for Republicans. They’re falling behind in the battleground states. Demographic and generational change are making matters worse over time. And outside of the South, they’re not even making gains among white voters. That latter point does create room for Republicans to do even better among white voters and win without big gains among Hispanics, at least for now. But conservatives take solace in the possibility of victory through whites on the assumption that it will be easier to improve among whites than Hispanics. In reality, the prescription for a GOP comeback outside of the South will be painful.
But what Republicans should do isn’t obvious. On its own, the observation that the GOP is doing worse among non-Southern whites doesn’t obviously lend itself to a solution. We might assume, for instance, that the GOP’s problems in northern Virginia, Columbus, and Denver are related to cultural issues, but do we know how many of those voters could be persuaded by any of the shifts suggested by pundits and analysts? What about middle class communities, like Appleton, Ft. Collins, or Lancaster? We might assume that the GOP’s problem is mainly economic, but probably part cultural as well—but in what proportions? And in the culturally Southern areas where the GOP hopes to improve further, like in western Pennsylvania or central Florida, it is highly unclear how much more the GOP can improve—especially if race was part of Obama’s problem.
And as a historical matter, it’s hard to predict how parties will rebound. Many DLC Democrats didn’t realize that the Democrats would eventually find a new base in the Northeast or California. The “Emerging Democratic Majority” characterizes West Virginia as “lean Democratic.” The fact is that the next Republican coalition will be built on dissatisfaction with Democrats, and we just don’t know who will revolt against the Democrats or when.
In the absence of great data on what the GOP should do, analysts and pundits are mainly resorting to what they do best: assuming that what they want is what the country wants. The more culturally liberal Republicans want the GOP to move left on social issues. The populists think populism would do the trick. The conservatives say they should go to the right. It’s all too predictable.
But there are limits to these targeted approaches. For one, parties can’t just excise parts of their base and win elections, especially when they’re the minority party. Moreover, any realistic solution won’t lead to massive gains: Republicans would still be vulnerable to Democratic attacks on their support for cutting entitlements or lower taxes for the rich, or opposition to abortion, gun control, and probably gay marriage. That limits how much they can gain among any particular group. Democrats also have the ideological flexibility to embrace good ideas and co-opt a strong Republican message, as they have done on energy. The Electoral College also makes it harder for a party to win with narrow, deep gains among any single group, like missing conservative white voters or Hispanics—there just aren’t enough them in the critical states. The GOP has a broad problem across a very diverse set of battleground states, and it will require an equally broad set of remedies.
So the best option is to spread the pain around. Don’t castrate the party, smooth out the many sharp edges of the GOP’s platform and message. Keep supporting tax cuts and less regulation, but add an agenda and message aimed at the middle and working class. Remain pro-life, but don’t appear opposed to Planned Parenthood or contraceptives, and return to supporting exceptions in instances of rape or the health of the mother, as President Bush did. Stay committed to religion, but don’t reflexively doubt the science of evolution and global warming, or the promise of stem cell research or renewable energy. Oppose gun control, but why force yourself to oppose background checks? Oppose gay marriage if Republicans must, but could Republicans at least support civil unions? On all of these issues, the GOP need not compromise on its core policy objectives, but can’t afford to consistently stake out ground so far from the center. That allows Democrats to cast the party and their core beliefs outside of the mainstream, which has already happened on abortion.
This prescription is informed by Bill Clinton’s revitalization of the Democratic Party in 1992. He was ostensibly a “New Democrat,” even though he was pro-choice, supported higher taxes, a universal health care system, gun control, and expanded rights for gays in the military. Rather than abandon core elements of the Democratic agenda, Clinton softened the edges on unreformed welfare, crime, middle class taxes, and said abortion should be “rare,” even if it should remain legal.
The success of heterodox, but conservative Republicans suggests that this formula would be sufficient. Chris Christie is doing great in 2016 presidential polling, and he’s basically followed the approach listed above—although there’s a case that went further than I would advise on gun control. Similarly, Jon Huntsman earned quite a bit of support among moderates for merely saying that he believes in evolution and gay marriage, despite being very conservative on economic issues. Paradoxically, it seems that the GOP’s extremism will make a rebrand even easier, since a candidate can move to the center and still clearly stand on the right.
But Bill Clinton had the benefit of a relatively moderate Democratic primary electorate with a large conservative contingent in the South and Midwest. That allowed him to “soften the edges” and still win a Democratic primary, despite battling serious attacks on his character. In contrast, Jon Huntsman received 739 votes in Iowa and there are questions about whether a popular governor like Chris Christie could win the nomination.
If someone like Huntsman was way too moderate for GOP primary voters, then the GOP rebrand won’t be easy. That makes it even more important that immigration reform passes. Sometimes, allowing issues to disappear can be just as helpful as rebranding. Clinton benefited from the end of the Cold War, which he obviously had nothing to do with. Getting immigration reform off the table would dovetail well with a better economic message, which should appeal to persuadable Hispanic voters. But many of the same forces that couldn’t tolerate “smoothing the edges” seem poised to block immigration reform. And if the GOP can’t “smooth out the edges” and won’t allow Democrats to take issues off the table, like on background checks or immigration, the consequences for 2016 could be fatal.
By: Nate Cohn, The New Republic, July 9, 2013