“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
“Common Victims”: Movements For Racial Justice And Economic Justice Could Converge To Form A Powerhouse For Change
What happens to a dream deferred?
Maybe it just sags like a heavy load. Or does it explode?
That was the poet Langston Hughes, in 1951. In that year, more than half a century ago, the most basic dreams of African Americans were deferred. Segregation was mandatory in the old South. Discrimination was legal everywhere in America, whether in housing, education, or employment. Blacks were not just separated, but isolated, marginalized, restricted to the worst jobs and most dilapidated neighborhoods, the most dismal schools.
For many, the racism just sagged, like a heavy load. It destroyed hope that hard work would be rewarded. The deferred dreams of that era seldom produced explosions, because the state had a very efficient system of terror. Blacks who resisted were likely to be lynched, jailed, or otherwise destroyed.
It is a testament to sheer grit, tenacity and courage that large numbers of blacks managed to get educations, raise families, start businesses, and enter professions at all—and demand inclusion in civic life.
The next 20 years were almost miraculous. From the small beginnings of local bus boycotts and sit-ins came the transformation of civil rights laws, finally giving African Americans full civic and legal equality, a hundred years after Lincoln.
The progress of the 1960s reflected a combination of the courage of the civil rights movements, the alliance with decent whites, and the leadership of an accidental president. Lyndon Johnson was able to prick the conscience of just enough of white America, to cajole and pressure just enough legislators, and to make a startling alliance between the White House and the radicals in the streets.
If you have never read or watched LBJ’s “We Shall Overcome” speech, you have missed a key moment in American history.
It helped that the economy was booming, so that economic progress for blacks did not equate to explicit sacrifices for whites (though whites did have to give up their role as a privileged caste). It helped that there were still liberal Republicans in that era, without whom none of the great civil rights laws could have passed.
So here we are, approaching Christmas 2014. Racism still taints the American dream. And unlike, say, in 1964 when there was a sense of a movement on the march with history on its side, it is hard to summon up optimism.
It is one thing when the government decrees that blacks can’t vote, can’t patronize restaurants, can’t apply for good jobs. That sort of racism shames everyone.
But when cops brutalize young black men, and prosecutors wink, and grand juries refuse to indict, that sort of racism is deeper in the social fabric and much harder to explicitly root out. It is encouraging to see outraged citizens on the march again, heartening that the marches includes whites as well as blacks and other groups.
Yet what sort of movement, what sort of policies, what sort of majority support in the country can we imagine that will fix what is broken?
New York Mayor Bill DeBlasio, whose bi-racial son Dante sports an Afro, has spoken of the need to “literally train him, as families have all over this city for decades, in how to take special care in any encounter he has with the police officers who are there to protect him.” That comment provoked outrage from the police.
Sunday, speaking on the ABC News program This Week DeBlasio threaded his way between outrage and support for law enforcement, declaring:
We have to retrain police forces in how to work with communities differently. We have to work on things like body cameras that would provide different level of transparency and accountability. This is something systemic. And we bluntly have to talk about the historic racial dynamics underlie this.
There have, in fact, been moments when thoroughly racist local police departments have been made over to discard their worst racist practices. The Los Angeles Police Department, after decades of strife and civic reform, is better than it once was. But it took a consent agreement with the Justice Department and five years of direct federal supervision.
President Obama, who did manage to summon up some outrage in the Trayvon Martin murder (“If I had a son, he’d look like Trayvon”), has been relatively circumspect, appealing both for reform and for order. He is not close to calling for federal supervision of local police.
Obama is no LBJ. And in fairness to Obama, in the absence of stronger public demands, the federal government is not well-positioned to remake local grand juries and police departments.
We have gone utterly backwards since the 1960s, a time when the Justice Department and the courts vigorously interceded to protect the right to vote. Now, the right to vote is being taken away and rightwing courts are tying the Justice Department’s hands.
We need a broad movement once again, to force government’s hand. As Dr. King appreciated in the last year of his life, it needs to be a movement for economic justice as well as civil rights, a multi-racial movement. Only when there is common appreciation that whites and blacks are common victims of an economic system that delivers all the gains to the top do we have a prayer of mobilizing the whole nation to demand action.
By: Robert Kuttner, Co-Editor, The American Prospect, December 10, 2014
“If Our Grief Were Colorblind”: A Willful Disconnect, In Cleveland And Across The Country
Hundreds showed up Wednesday morning for the funeral of 12-year-old Tamir Rice.
Tamir was black, and all but a handful of his mourners in the pews were black, too. A group of white people was in the balcony, armed with cameras and media credentials.
I point out the lack of white mourners at Tamir’s funeral because it illustrates a willful disconnect, here in Cleveland and across the country. We white people, even the good-hearted liberals among us, tend to view shooting deaths of black children as a black problem. We don’t say that. Most of us don’t even think it. But how else to explain why virtually none of us thinks we should show up at such a child’s funeral? How better to telegraph that we, too, have suffered a loss than to disrupt our day and walk through the door of that church?
I do not mean to suggest I was one of those few “good” white people. I sat with my reporter’s notepad throughout Tamir’s service. Halfway through, I left the balcony to sit among the mourners, but only because I was feeling so uncomfortable with the voluntary segregation.
By now, if you are even a casual consumer of news, you’ve heard about Tamir Rice. You may not know his name — I’ve already discovered that too many times in recent days right here in Cleveland — but you probably know how he died. On Nov. 22, Tamir was playing alone in a Cleveland city park with an air pellet gun missing the telltale orange tip identifying it as a toy. A 911 caller told the dispatcher that Tamir was waving a gun but stressed that it was probably a toy. This detail was not conveyed to the two policemen, both of them white, who answered the call.
The police car zoomed up only feet away from Tamir, and within two seconds, maybe three seconds at most, the child had fallen to the ground after rookie cop Timothy Loehmann leapt out and shot him twice.
We know these details not because of the original police account, which cast Tamir as a young man waving a gun into a frightened crowd and ignoring three warnings from police to drop his weapon. We know what happened because of a grainy video later released by police, which captured the last few viable minutes of Tamir’s life. It is a silent, haunting depiction of an innocent boy who had no idea his life was almost over.
Tamir’s death and too much of the local coverage since have sparked outrage here and across the country. A low point for the Northeast Ohio Media Group was to post online a story not of this young boy’s short life but of his parents’ past criminal records. As if their misdeeds led to — what exactly, their son’s being alone at that park? Their son’s playing with a toy gun? Their son’s inevitable death?
This is what happens when you prize clicks over context and you sideline veteran Guild journalists who’ve been covering Cleveland’s neighborhoods for decades. To his everlasting credit, the editor in charge of visuals at The Plain Dealer, NEOMG’s partner, insisted publicly that he would do everything in his power to keep the story out of the print edition. In a small victory for journalism, he prevailed.
Initially, Loehmann was depicted as a young cop who, according to an interview with his father, had left a suburban police force for Cleveland’s because he wanted more action.
On the day of Tamir’s funeral, that suburban police department, in Independence, Ohio, released Loehmann’s personnel file, revealing a far more troubling story behind his December 2012 departure.
From Deputy Chief Jim Polak’s Nov. 29, 2012, letter in Loehmann’s personnel file:
“It appears from the pattern developing within our short time frame with Ptl. Loehmann that he often feels that when told to do something, that those instructions are optional, and that he can manipulate them if he so feels it can better serve him. I do not say he is doing this for some benefit, or in an insubordinate way, but he just appears to have the mind set that if he thinks he knows better, (then) that is the course he follows.
“Due to his dangerous loss of composure during live range training and his inability to manage this personal stress, I do not believe Ptl. Loehmann shows the maturity needed to work in our employment.
“Unfortunately in law enforcement there are times when instructions need (to) be followed to the letter, and I am under the impression Ptl. Loehmann, under certain circumstances, will not react in the way instructed. …
“…I am recommending he be released from the employment of the City of Independence. I do not believe time, nor training, will be able to change or correct these deficiencies.”
On Wednesday, hundreds of mourners prayed for a boy who should not have died at the hands of a man who apparently should never have been a Cleveland cop.
“This is not a problem of black and white,” Tamir’s uncle Michael Petty said in his eulogy, “but of right and wrong.”
May we prove him right.
By: Connie Schultz, Pulitzer Prize-Winning Columnist; The National Memo, December 4, 2014
“Free Spirits With No Accountability”: 179 People Killed By NYPD, 1 Cop Conviction, No Jail Time
Over the last 15 years, NYPD officers have killed at least 179 people, according to a new investigation.
The New York Daily News found that in only three of those incidents, the officer involved was indicted and only once was the cop convicted.
In that one instance, when ex-officer Bryan Conroy was convicted in 2005 of criminally negligent homicide for killing Ousmane Zongo, Conroy didn’t serve any jail time.
Patrick Lynch, head of the Patrolmen’s Benevolent Association, defended the NYPD officer’s actions.
“When there is a life-or-death situation on the street, be it an armed robbery, a homicidal maniac on the street or someone driving a vehicle in a dangerous and potentially deadly way, it is New York City police officers who step in and take the risk away from the public and put it on themselves,” Lynch said in a statement. “Our work has saved tens of thousands of lives by assuming the risk and standing between New Yorkers and life-threatening danger.”
To be sure, some of the incidents catalogued by the Daily News involved the justified use of deadly force by officers.
But, holding cops accountable when they are not justified in killing someone is difficult, because often the prosecutors tasked with bringing charges against officers also rely on good relationships with police to do their day-to-day work. DA’s also count on endorsements from police unions when they run for re-election.
The recent decision not to indict Daniel Pantaleo in the Eric Garner chokehold case, has set off calls for laws requiring special prosecutors in cases involving possible police misconduct.
The idea behind any proposed legislation would be to keep local district attorneys out of cases where they might be biased in favor of the police department they work with regularly.
But some, like panelists involved in a recent Democracy Now discussion, said such reforms have been sought for years and have little chance of becoming law, at least at the federal level.
Harry Siegel, a columnist for the Daily News, pointed out that New York Gov. Andrew Cuomo, who recently said special prosecutors could be necessary in some cases, had the chance to appoint a special prosecutor in the Garner, case but didn’t.
“I would note that Governor Andrew Cuomo, who’s now mumbling about all sorts of reforms, had the opportunity to appoint a special prosecutor here,” Siegel said on Democracy Now. “Andrew here, who’s now outraged by where we’re at, allowed us to get to this point.”
By: Simon McCormick, The Huffington Post, December 8, 2014
“Broken Windows Policing”: Eric Garner Was Choked To Death For Selling Loosies
The controversial deaths of African Americans Michael Brown in Ferguson and Eric Garner in Staten Island at the hands of white police officers don’t just speak to racial divides and raise questions of discriminatory law enforcement in America.
In very different but related ways, they raise fundamental questions irrespective of race about how policing gets done. Unless we want to subject ourselves to endless repeats of similarly tragic events, we need to confront and work through both the militarization of police and commitments to so-called broken windows policing.
In August, Brown was shot and killed during a struggle with Ferguson Police Officer Darren Wilson, who was ultimately not indicted by a grand jury. Whatever else you can say about the case, it was the ham-fisted overreaction to protests by the Ferguson and St. Louis County police forces and the Missouri National Guard that catapulted the story to prominence. The Ferguson story captured the national conversation because it showcased the ubiquitous militarization of police that has been proceeding apace, often with the help of liberal politicians, during the past 40 or more years.
Indeed, just earlier this week, four members of the Congressional Black Caucus made a “hands up” gesture on the House floor to show solidarity with Brown and Ferguson protesters. Yet each of the members who raised their hands—Yvette Clarke, Al Green, Sheila Jackson Lee, and Hakeem Jeffries, liberal Democrats all—voted against “an amendment in June that would’ve limited the transfer of military equipment from the Department of Defense to local police agencies.”
Similarly, Garner’s death in July after being placed in a chokehold is not simply about race. It’s about community policing and the ability of top brass to enforce restrictions on beat cops’ behavior. As cell phone footage of the incident makes clear, the police approached the 43-year-old Garner after he had helped to break up a fight on a busy street in Staten Island. The cops were less interested in the fight than in asking Garner whether he was selling loose cigarettes or “loosies,” which is illegal. “Every time you see me, you wanna arrest me,” says Garner, who had a rap sheet for selling loosies and was in fact out on bail when confronted.
Footage of the incident shows New York Police Department Officer Daniel Pantaleo placing Garner in the chokehold that was the main cause of death according to the coroner, who further ruled the death a “homicide.” (Police at the scene initially claimed that the asthmatic, 350-pound Garner had suffered a heart attack). Like Wilson, Pantaleo was not indicted.
Why were the cops so hell-bent on stamping out the sales of loosies, which typically sell for 75 cents a pop in Staten Island (and two times or more that in Manhattan)? New York City boasts the highest cost for cigarettes in the nation, with a pack ranging anywhere from $12 and up. The city lays its own taxes on top of the state’s, in an effort both to raise revenue and discourage use of tobacco.
The result is a thriving market in sales of loosies and black-market cigarettes more generally (for a fascinating look of how the market in loosies operates, check out this 2007 study published by the National Institutes for Health). Since 2006, the tax on cigarettes in New York have risen 190 percent and cigarette smuggling has risen by 59 percent, writes Lawrence J. McQuillan of the Independent Institute. Whether it’s liquor, drugs, or cigarettes, when you try to stamp out something consenting adults want, you cause as many or more problems as you ameliorate.
Stretching back to the Rudy Giuliani years, the NYPD has been committed to “broken windows” policing, which focuses on stamping out misdemeanor offenses and “quality of life” issues such as graffiti that proponents say lead to more serious crime. “Murder and graffiti are two vastly different crimes,” Giuliani argued in the 1990s, “but they are part of the same continuum, and a climate that tolerates one is more likely to tolerate the other.”
Last January, the city passed stronger penalties for selling loosies and other illegal cigarettes and in early July, reports the Daily News. The NYPD’s Chief of Department, Philip Banks, specifically called for crackdowns on loosie sales in Staten Island. “Among the specific public complaints of illegal activity in that area included the sale of untaxed cigarettes as well as open (alcohol) container and marijuana use and sale offenses,” an NYPD spokesman told the News.
Police Commissioner William Bratton introduced broken windows policing to the NYPD when he was first hired by then-Mayor Rudy Giuliani in 1993, and he is continuing its use while serving under current Mayor Bill de Blasio. But just as the response to Ferguson protests raised questions about the sagacity of outfitting local cops with military grade weapons and gear, the death of Garner and other non-violent suspects is forcing a debate over broken windows. “I don’t think it’s a necessary police tactic,” City Councilman Andy King told the News. Councilwoman Inez Barron argued that “such enforcement ‘leads to confrontations like this [one].’”
As in most cases involving social science and broad cultural trends, supporters and critics of broken windows policing can marshal seemingly irrefutable evidence in favor of their position. There’s little question that New Yorkers support arrests for low-level offenses. A Quinnipiac Poll of New Yorkers in August found that 60 percent of respondents agreed that “when a cop enforces some low-level offense…it improve[s] quality of life.” Only 34 percent said it increased neighborhood tensions, with “very little difference among black and white voters.”
Yet clearly something has gone horribly wrong when a man lies dead after being confronted for selling cigarettes to willing buyers. Especially since, as even Bratton has acknowledged, the chokehold applied by the restraining officer is prohibited by the NYPD’s own rulebook. Does the commissioner really control his officers, and is it time to rethink nanny state policies that create flourishing underground markets?
The conversation over the militarization of police started by Ferguson is well under way and has already yielded real change: In the name of transparency, more police departments and the federal government are calling for the use of wearable body cameras that will at least capture parts of confrontations like the one that ended in Michael Brown’s death.
It’s past time to have that same sort of open conversation about broken windows policing. It’s safe to say that noboby thinks selling loosies is a capital offense, but if the police cause the death of a man they are taking into custody by using chokeholds, things get pretty murky very fast.
By: Nick Gillespie, The Daily Beast, December 3, 2014
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