“Wanna Play The Blame Game?”: Conservatives May Be Biting Off More Than They Can Chew
If conservatives really want to play the blame game over the murder of New York police officers, they may be biting off more than they can chew, as Kevin Drum suggests:
I assume this means we can blame Bill O’Reilly for his 28 episodes of invective against “Tiller the Baby Killer” that eventually ended in the murder of Wichita abortion provider George Tiller by anti-abortion activist Scott Roeder. We can blame conservative talk radio for fueling the anti-government hysteria that led Timothy McVeigh to bomb a federal building in Oklahoma City. We can blame the relentless xenophobia of Fox News for the bombing of an Islamic Center in Joplin or the massacre of Sikh worshippers by a white supremacist in Wisconsin. We can blame the NRA for the mass shootings in Newtown and Aurora. We can blame Republicans for stoking the anti-IRS paranoia that prompted Andrew Joseph Stack to crash a private plane into an IRS building in Austin, killing two people. We can blame the Christian Right for the anti-gay paranoia that led the Westboro Baptist Church to picket the funeral of Matthew Snyder, a US Marine killed in Iraq, with signs that carried their signature “God Hates Fags” slogan. We can blame Sean Hannity for his repeated support of Cliven Bundy’s “range war” against the BLM, which eventually motivated Jerad and Amanda Miller to kill five people in Las Vegas after participating in the Bundy standoff and declaring, “If they’re going to come bring violence to us, well, if that’s the language they want to speak, we’ll learn it.” And, of course, we can blame Rudy Giuliani and the entire conservative movement for their virtually unanimous indifference to the state-sanctioned police killings of black suspects over minor offenses in Ferguson and Staten Island, which apparently motivated the murder of the New York police officers on Saturday.
So no, conservatives shouldn’t “go there” in claiming that liberals who asked questions about the police killings in Missouri and New York and elsewhere were in some way responsible for this weekend’s tragedy. As Kevin concludes:
Maybe lots of people support lots of things, and we can’t twist that generalized support into blame for maniacs who decide to take up arms for their own demented reasons.
By: Ed Kilgore, Contributing Writer, Political Animal, The Washington Monthly, December 22, 2014
“A Law Unto Themselves”: Turning “Law And Order” Into An Idol That Justifies Defiance Of The Law
Being by nature a bit of a communitarian, my civil libertarian muscles are often under-exercised. I’m still having trouble regarding Edward Snowden as my hero. But there is something about men in uniform with guns deciding they do not need supervision that scares even me. Charlie Pierce connects the dots between two recent examples of such insubordination, and its relationship with the principles of the Founders so often cited by Oath-Keeper types who appeal to Higher Laws:
Here’s something interesting about the Declaration of Independence, which we all revere because, you know, freedom. In the long bill of particulars on which the Continental Congress arraigned King George III — and there are 27 counts on that indictment — there’s only one mention of taxes. Rather, every one of the charges, especially the one quoted above, has to do with the illegitimate use by the king, and by his agents in the American colonies, of existing political institutions against the people themselves, either directly (by quartering troops, for example), or by rigging those institutions so they functioned for his benefit and not for the benefit of the people of the colonies. The men who signed the Declaration had long experience with what happens when the legal and political institutions of a state, and the people charged with their operation, suddenly consider themselves above the civil power they are supposed to serve — which, or so said Mr. Jefferson of Virginia, derives its just powers from the consent of the governed. That, they saw, was the true danger to their liberties posed by the government of the colonies at that time.
For the past two weeks, on two different fronts, we have been confronted with the unpleasant fact that there are people working in the institutions of our self-government who believe themselves not only beyond the control and sanctions of the civil power, but also beyond the control and sanctions of their direct superiors. We also have been confronted with the fact that there are too many people in our political elite who are encouraging this behavior for their own purposes, most of which are cheap and dangerous. In Washington, John Brennan, the head of the CIA, came right up to the edge of insubordination against the president who hired him in the wake of the Senate report on American torture. Meanwhile, in New York, in the aftermath of weeks of protests against the strangulation of Eric Garner by members of the New York Police Department, two patrolmen, Wenjian Liu and Rafael Ramos, were murdered in their squad car by a career criminal and apparent maniac named Ismaaiyl Brinsley. In response, and at the encouragement of television hucksters like Joe Scarborough, police union blowhards like Patrick Lynch, political zombies like George Pataki, and comical fascists like Rudolph Giuliani, the NYPD is acting in open rebellion against Mayor Bill de Blasio of New York, and the civil power he represents over them. This is an incredibly perilous time for democracy at the most basic levels.
Just as it is obviously dangerous to allow people beyond the reach of democratic institutions to determine national security needs and the measures taken to address them, it should be obviously reckless to turn “law and order” into an idol that justifies defiance of the law and an anarchic disregard for lines of authority. That way lies Governments of National Salvation and all sorts of despotism in the name of Higher Purposes. It’s bad enough that there are so many Americans who presume their Second Amendment rights include a right of revolution if the government’s policies don’t suit them. It’s worse when you have to wonder if some of the Forces of Order are going to join them.
By: Ed Kilgore, Contributing Writer, Political Animal, The Washington Monthly, December 23, 2014
“Flame Throwers And Fire Fighters”: Those Fanning The Flames And Those Trying To Tamp Them Down
It’s obvious that the big story of the day is the murder of two NYC police officers yesterday. I’m always hesitant to comment on a story like this as its unfolding. Its better to wait for all the information, process it, and see what we can draw from it.
But as people are weighing in, there are those that are fanning the flames and those that are trying to tamp them down. For example, in the category of flame throwers.
“We’ve had four months of propaganda starting with the president that everybody should hate the police,” Giuliani said during an appearance on Fox News on Sunday. “The protests are being embraced, the protests are being encouraged. The protests, even the ones that don’t lead to violence, a lot of them lead to violence, all of them lead to a conclusion. The police are bad, the police are racist. That is completely wrong.”
Sickened by these barbaric acts, which sadly are a predictable outcome of divisive anti-cop rhetoric of #ericholder & #mayordeblasio.
NYPD Union Chief Patrick Lynch:
“There’s blood on many hands tonight. Those that incited violence on the streets under the guise of protest that tried to tear down what NYPD officers did every day. We tried to warn it must not go on, it cannot be tolerated,” Lynch said, according to CBS New York. “That blood on the hands starts at City Hall in the office of the mayor.”
And here is what a few of the fire fighters had to say.
I unconditionally condemn today’s murder of two police officers in New York City. Two brave men won’t be going home to their loved ones tonight, and for that, there is no justification. The officers who serve and protect our communities risk their own safety for ours every single day—and they deserve our respect and gratitude every single day. Tonight, I ask people to reject violence and words that harm, and turn to words that heal—prayer, patient dialogue, and sympathy for the friends and family of the fallen.
I condemn this afternoon’s senseless shooting of two New York City police officers in the strongest possible terms.
This was an unspeakable act of barbarism, and I was deeply saddened to hear of the loss of these two brave officers in the line of duty.
On behalf of all those who serve in the United States Department of Justice, I want to express my heartfelt condolences to the officers’ loved ones and colleagues. I will make available all of the resources of the Department to aid the NYPD in investigating this tragedy.
This cowardly attack underscores the dangers that are routinely faced by those who protect and serve their fellow citizens. As a nation we must not forget this as we discuss the events of the recent past. These courageous men and women routinely incur tremendous personal risks, and place their lives on the line each and every day, in order to preserve public safety. We are forever in their debt.
Our nation must always honor the valor — and the sacrifices — of all law enforcement officers with a steadfast commitment to keeping them safe. This means forging closer bonds between officers and the communities they serve, so that public safety is not a cause that is served by a courageous few, but a promise that’s fulfilled by police officials and citizens working side by side.
U.S. Attorney for the Eastern District of New York (and AG nominee) Loretta Lynch:
I was shocked and deeply saddened to hear of this afternoon’s brutal and senseless attack on two NYPD Officers, and I join Attorney General Holder in expressing my deepest condolences to the families of these fallen heroes…
Today’s assailant struck at the heart of our city — the dedicated officers who pledge their lives to safeguard us all. Today, two have fallen, in a stark reminder of the challenges and risks that our law enforcement officers face every day, both in New York City and throughout our nation.
Let us take this time to grieve with their families, and join the NYPD and all New Yorkers in honoring them for their sacrifice.
Frankly, some of the rhetoric of the flame throwers scares me. I’m sure hoping the fire fighters prevail.
By: Nancy LeTourneau, Political Animal, The Washington Monthly, December 21, 2014
“15 Reasons America’s Police Are So Brutal”: An Embedded Culture, Tamir Rice And Eric Garner Aren’t Anomalies
Handcuffed teenagers beaten bloody with guns. Unarmed people shot and killed in their cars. Cops firing guns carelessly into busy streets. Mentally ill people tasered in ambulances. Supervisors refusing to challenge a brutal status quo.
These examples didn’t come from the New York City Police Department or Ferguson, Missouri, where the killing of unarmed black men by white cops has created a national outcry over institutional racism and excessive force. They were from Ohio, where the U.S. Department of Justice just finished an investigation and report on abusive and often unconstitutional policing by Cleveland Division of Police between 2010 and 2013. They were compiled before November 22, when a rookie officer shot and killed a 12-year-old African-American boy, Tamir Rice, for waving a toy gun around on a playground.
The DOJ’s findings raise big questions. It’s not just how widespread is the problem of excessive force and a corresponding lack of accountability. The harder questions include what can be done to change police culture, reverse many out-of-control tactics, and instill a belief across entire forces that restraint and accountability protect cops and civilians.
“We found that field supervisors are failing in some of the most fundamental aspects of their responsibilities—reviewing and investigating the uses of force of the officers under their command, and correcting dangerous tactical choices that place the officer and others at risk,” Mayor Frank Jackson said of the report, underscoring systemic problems.
When releasing the report, U.S. Attorney General Eric Holder announced the DOJ would work with Cleveland under a consent decree and a federal court will oversee reforms. But a decade ago, the DOJ also investigated police abuses in Cleveland and found similar patterns surrounding excessive force. The city’s police pledged reforms would come—yet the department’s nasty status quo obviously has resurfaced.
“The voluntary reforms undertaken at that time did not create the systems of accountability necessary to ensure a long-term remedy to these issues,” the DOJ’s new report said. “More work is necessary to ensure that officers have the proper guidance, training, support, supervision, and oversight to carry out their law enforcement responsibilities safely and in accordance with individuals’ constitutional rights.”
That summation describing needed reforms typifies today’s political rhetoric surrounding the crisis in militarized American policing. The DOJ report didn’t say what explicit steps needed to be taken. But it did describe how deeply embedded excessive force was among Cleveland’s police, what was wrong and broken in their culture and police procedures, and what was missing and needed to change.
That unvarnished look reveals how hard it will be to reform out-of-control departments, whether in Cleveland, Staten Island, Ferguson, or elsewhere. Here are 15 excerpts from the DOJ’s Cleveland report showing how deeply embedded police brutality is, and why recent political rhetoric promising solutions barely scratches the surface.
1. The Street Cops Are On Their Own: “We found that CDP officers too often use unnecessary and unreasonable force in violation of the Constitution. Supervisors tolerate this behavior and, in some cases, endorse it. Officers report that they receive little supervision, guidance, and support from the Division, essentially leaving them to determine for themselves how to perform their difficult and dangerous jobs.”
2. Excessive Force Is Expected And Covered Up: “These incidents of excessive force are rooted in common structural deficiencies. CDP’s pattern or practice of excessive force is both reflected by and stems from its failure to adequately review and investigate officers’ uses of force; fully and objectively investigate all allegations of misconduct; identify and respond to patterns of at-risk behavior; provide its officers with the support, training, supervision, and equipment needed to allow them to do their jobs safely and effectively; adopt and enforce appropriate policies; and implement effective community policing strategies at all levels of CDP.”
3. Using Maximum Force Has Become Routine: “For example, we found incidents of CDP officers firing their guns at people who do not pose an immediate threat of death or serious bodily injury to officers or others and using guns in a careless and dangerous manner, including hitting people on the head with their guns, in circumstances where deadly force is not justified. Officers also use less lethal force that is significantly out of proportion to the resistance encountered and officers too often escalate incidents with citizens instead of using effective and accepted tactics to de-escalate tension.
“We reviewed incidents where officers used Tasers, oleoresin capsicum spray (“OC Spray”), or punched people who were already subdued, including people in handcuffs. Many of these people could have been controlled with a lesser application of force. At times, this force appears to have been applied as punishment for the person’s earlier verbal or physical resistance to an officer’s command, and is not based on a current threat posed by the person. This retaliatory use of force is not legally justified. Our review also revealed that officers use excessive force against individuals who are in mental health crisis or who may be unable to understand or comply with officers’ commands, including when the individual is not suspected of having committed any crime at all.”
4. Police Don’t Know How To De-escalate: Officers “too often fire their weapons in a manner and in circumstances that place innocent bystanders in danger; and accidentally fire them, sometimes fortuitously hitting nothing and other times shooting people and seriously injuring them. CDP officers too often use dangerous and poor tactics to try to gain control of suspects, which results in the application of additional force or places others in danger. Critically, officers do not make effective use of de-escalation techniques, too often instead escalating encounters and employing force when it may not be needed and could be avoided.”
5. Top Cops Don’t Want To Hear About It: “Force incidents often are not properly reported, documented, investigated, or addressed with corrective measures. Supervisors throughout the chain of command endorse questionable and sometimes unlawful conduct by officers. We reviewed supervisory investigations of officers’ use of force that appear to be designed from the outset to justify the officers’ actions. Deeply troubling to us was that some of the specially-trained investigators who are charged with conducting unbiased reviews of officers’ use of deadly force admitted to us that they conduct their investigations with the goal of casting the accused officer in the most positive light.”
6. Top Cops Will Ignore Worst Abuses: “Many of the investigators in CDP’s Internal Affairs Unit advised us that they will only find that an officer violated Division policy if the evidence against the officer proves, beyond a reasonable doubt, that an officer engaged in misconduct—an unreasonably high standard reserved for criminal prosecutions and inappropriate in this context. This standard apparently has been applied, formally or informally, for years.”
7. Most Cops Face No Disciplinary Threats: “Discipline is so rare that no more than 51 officers out of a sworn force of 1,500 were disciplined in any fashion in connection with a use of force incident over a three-and-a half-year period. However, when we examined CDP’s discipline numbers further, it was apparent that in most of those 51 cases the actual discipline imposed was for procedural violations such as failing to file a report, charges were dismissed or deemed unfounded, or the disciplinary process was suspended due to pending civil claims. A finding of excessive force by CDP’s internal disciplinary system is exceedingly rare.”
8. The DOJ Found These Problems Before. “CDP’s systemic failures are such that the Division is not able to timely, properly, and effectively determine how much force its officers are using, and under what circumstances, whether the force was reasonable and if not, what discipline, change in policy or training or other action is appropriate. The current pattern or practice of constitutional violations is even more troubling because we identified many of these structural deficiencies more than ten years ago during our previous investigation of CDP’s use of force.”
9. Police View Their Beats As War Zones:“Instead of working with Cleveland’s communities to understand their needs and concerns and to set crime-fighting priorities and strategies consistent with those needs, CDP too often polices in a way that contributes to community distrust and a lack of respect for officers – even the many officers who are doing their jobs effectively. For example, we observed a large sign hanging in the vehicle bay of a district station identifying it as a “forward operating base,” a military term for a small, secured outpost used to support tactical operations in a war zone. This characterization reinforces the view held by some—both inside and outside the Division—that CDP is an occupying force.”
10. Harassment, Unprovoked Searches Routine: “Some CDP officers violate individuals’ Fourth Amendment rights by subjecting them to stops, frisks, and full searches without the requisite level of suspicion. Individuals were detained on suspicion of having committed a crime, with no articulation or an inadequate articulation in CDP’s own records of the basis for the officer’s suspicion. Individuals were searched “for officer safety” without any articulation of a reason to fear for officer safety. Where bases for detentions and searches were articulated, officers used canned or boilerplate language. Supervisors routinely approved these inadequate reports.”
11. Using Tasers Routine And Never Questioned: “The [Cleveland] Plain Dealer [newspaper] also reported that, between October 2005 and March 2011, CDP officers used Tasers 969 times, all but five of which the Division deemed justified and appropriate (a 99.5% clearance rate which one police expert said “strains credibility”). The Plain Dealer analyzed similar CDP force data in 2007 and found that supervisors reviewed 4,427 uses of force over four years and justified the force in every single case.”
12. The CDP Stonewalled DOJ Investigators: “We note that CDP’s inability to produce key documents raises serious concerns regarding deficiencies in the Division’s systems for tracking and reviewing use of force and accountability-related documents… CDP did not, for example, produce deadly force investigations that occurred after April of 2013 despite multiple requests. CDP was not able to produce some 2012 use of less lethal force reports until more than a year after our initial request for documents and failed to provide a justification for this delay.”
13. CDP Didn’t Want To Be Accountable: “CDP’s inability to track the location of critical force-related documents is itself evidence of fundamental breakdowns in its systems and suggests that any internal analysis or calculation of CDP’s use of force is likely incomplete and inaccurate. It also suggests that CDP does not accept that they are accountable for documenting and explaining their decisions in such matters to civilian leadership, the City, and the community as a whole.”
14. Arrest Reports Cover Up Use Of Force: “Our review of a sample of 2012 arrest records for persons charged with resisting arrest suggests that some uses of force are not being reported. For the months of February, June and August 2012, there were 111 resisting arrest incidents, and for seven of these – over six percent – CDP acknowledges that no use of force report can be located… The inability to produce Taser firing histories compounds our concerns about the reliability of the data and undermines the assertion that Taser uses have declined.”
15. There Are No Clear Policies On Using Force. “Police departments must ensure appropriate training in how and when to use force, and provide the supervision necessary for sufficient oversight of officers’ use of force. Departments must also provide their officers clear, consistent policies on when and how to use and report force. Departments must implement systems to ensure that force is consistently reported and investigated thoroughly and fairly, using consistent standards…
“CDP fails in all of these areas, and this has created an environment that permits constitutional violations. It has also created an atmosphere within CDP in which there is little confidence in the fairness of the disciplinary process—a lack of confidence which extends from the rank and file all the way to the highest levels of the Division and City leadership.”
No Quick Or Easy Solutions
The DOJ report on excessive force by Cleveland’s police is very revealing. It shows how deeply embedded the culture of abusive policing is, how resistant police departments are to changing, and how the problem is not just what weapons are used by police, but how many officers want to operate with impunity and a military mindset.
These aren’t the conclusions of community activists protesting about police brutality and the institutional racism of white officers shooting unarmed black men. These conclusions come from the highest-ranking federal law enforcement officials, who had to use their political power to force the Cleveland Department to open up its records and files.
The DOJ’s observation that many of the same problems of excessive force are back more than 10 years after a similar federal investigation and settlement suggests that reforming America’s runaway police departments is going to be incredibly difficult. Despite public protests, there’s little evidence that police themselves want to change from within.
By: Steven Rosenfeld, AlterNet; Published at Salon, December 20, 2014
“Authority Crisis Roils America”: Police Abuse, Torture And Authoritarianism Run Amok
There is so much that’s horrifying about what’s now simply called “the torture report,” the redacted summary of the Senate Intelligence Committee’s investigation into years of unforgivable CIA abuse post-9/11. But one thing that recurs disturbingly often is anal rape imagery: examples of “rectal feeding,” of rectal exams that used “excessive force,” and “at least one instance,” according to the report, of threatened sodomy with a broomstick.
Am I the only one who thought about Abner Louima, the Haitian immigrant who was not just threatened but actually sodomized with a broomstick by the New York Police Department’s Justin Volpe in 1997? The torture report’s release, in the wake of grand juries failing to indict police officers who killed unarmed black men in Ferguson, Missouri, and right here in New York, where Louima was tortured, reminds us of the danger of unaccountable state power.
Yet an undercurrent of authoritarianism in American culture — and a particular American deference to authority figures who are supposed to “protect” us – threatens to let it go unchecked.
To be fair, many Americans are horrified by the torture report’s revelations. And many Americans believe police officers should be held accountable when they use excessive force and harm or kill Americans, of any race. But there’s a disturbing impulse evident lately, to excuse abuses of power on the part of those who are charged with protecting us, whether cops or the post-9/11 CIA. “I don’t care what we did!” former Bush flack Nicolle Wallace shrieked on “Morning Joe” Monday. And she spoke for too many Americans. (Though not for her former boss Sen. John McCain.)
I watched the debate over the torture report unfurl all day Tuesday, online, in print and on television. All the coverage focused on a few questions: whether Sen. Dianne Feinstein is right that torture didn’t work; whether the report might produce blowback by our enemies; whether the CIA is being scapegoated for Bush administration decisions. There was shockingly little emphasis on the fact that torture is illegal and a war crime, banned by the Geneva Conventions, a U.N. Convention against torture ratified under a supportive Ronald Reagan, and by Title 18, Part I, Chapter 113C of the U.S. Code.
So much in the torture report should appall Americans, above and beyond the many details of depravity. CIA officials lied about who they had in custody. They lied about what they were doing. They destroyed evidence. They tortured two of their own informants. At least 20 percent of the people they detained, as examined by investigators, were held wrongfully. They paid $81 million to two psychologists who knew nothing about al-Qaida, terrorism or the war against them. They didn’t fully brief President Bush until April 2006, after 38 of 39 detainees had already been interrogated.
This should be an issue that unites civil libertarians on the left and the right – as should excessive force by police — but the authoritarian impulse is stronger on the right. Libertarianism also seems overwhelmed by the prevailing resentment of President Obama, and the changing America that he represents. Still, it’s amazing: Even as wingnuts deride Obama as a fascist and a tyrant, they applaud excessive force by police officers and CIA officials.
It’s also amazing that it’s taken two years to get a redacted executive summary of the “torture report” released. Let’s remember that we’re merely talking about sharing information about the Senate’s investigation into torture, not about indicting or punishing anyone. At least grand juries considered whether to indict Darren Wilson and Daniel Pantaleo in the killings of Mike Brown and Eric Garner. There has been no such process regarding CIA torturers.
Which is not to say the grand jury process in Ferguson or Staten Island delivered justice to those men’s families. Nor have the families of John Crawford and 12-year-old Tamir Rice, African-Americans killed by police while holding toy guns, even gotten a fair and clear accounting of how their sons died. Young black men are 21 times more likely to be shot by police than white men, yet white people’s confidence in police fairness, and doubts about cops’ racial bias, have never been higher, while African-Americans’ is understandably at a record low.
Thankfully Abner Louima’s attackers were punished; Volpe is serving 30 years in prison, and Louima won a settlement of $8.7 million – the largest police brutality settlement in New York history at the time. The Louima rape happened to take place under Mayor Rudy Giuliani, who has emerged as the chief defender of cops who kill in the last two weeks. Giuliani’s career is an example of how the authoritarian impulse in American politics often prevails.
I don’t know why the worst element in law enforcement – locally and globally – turns to rape when left unchecked. But since rape is about power, it may be the ultimate example of how absolute power corrupts absolutely.
Weirdly, the incorrigible neocon Danielle Pletka made a reference to rape, or at least the botched Rolling Stone story on rape, in the New York Times, when attacking the Senate’s torture report. “It has become the norm,” she complained, “to act based on false reports; to close fraternities because of rapes that may or may not have happened; to release terrorists because it is inconvenient to keep them.”
How strange that Pletka would reference rape in this context. Or maybe not. The right-wing backlash that defends torture and police abuse also agitates to restore a culture that blames rape victims for what happened to them, and excuses all but the most violent sexual assault as boys just being boys. Human progress is marked by the rejection of all such abuses of power; it feels like we’re living in a time when such progress is stalled, temporarily.
By: Joan Walsh, Editor at Large, Salon, December 10, 2014
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