“Politics, Not Policy, Trumps Police”: Nothing Gets Done On The Policy End Unless There Are Serious Changes In The Political Climate
As a 10-member delegation of Congressional Black Caucus members head to Ferguson on Sunday for a moment of Martin Luther King, Jr. birthday observance with its citizens, there’s been an emerging argument that now is the time for this second coming of the Civil Rights Movement to transition from its current protest phase to a much more mature public policy phase. As we speak, black elected officials on the state, federal and local level are engaged in a mad dash to draft bills addressing a number of issues related to police violence and misconduct.
There’s a big snag, though: nothing gets done on the policy end unless there are serious changes in the political climate. Without any dramatic alterations on the political landscape, don’t expect any radical implementation of public policy, much less full passage of it. Many observers, and even caucus members themselves, describe the flurry of police brutality, law enforcement data and criminal justice reform bills as “dead on arrival” in the very conservative House Judiciary Committee chaired by Rep. Bob Goodlatte (R-VA).
Republicans have shown no real public interest in addressing these issues, although CBC members claim that they will be getting hearings – at least – on the various bills introduced. But an emboldened Republican majority is running things in Congress and a very red political map of Republican governors and supermajorities in state capitols will keep that going.
The problem is that protesters are failing to make a very important distinction between Politics and Policy. These are two separate functions. They’re like cousins: they are definitely related, and yes, they support or, sometimes, fight each other. But the long-held perception that they’re identical twins is flat out wrong.
Ultimately, cousin policy can’t be implemented unless cousin politics is in the mix as bodyguard and hit man. Even when legislation becomes law, there’s no incentive for folks to follow it without political leverage in place to enforce it. President Obama may have signed the Death in Custody Reporting Act as an important nod to protesters, but it’s not like they’re whipping out the Grey Goose – many movement organizers don’t even know that happened.
And once it’s in place, there’s the question of funding and making sure there’s adequate political influence in cities and states to ensure police departments will be compliant.
Jim Crow didn’t suddenly crumble the day the Civil Rights Act was signed. Acceptance, albeit still slow, didn’t happen until black voters were mobilized into a solid political force to be reckoned with. Soon, we were electing black mayors, black city council members, and black state and federal legislators at a frantic pace. Eventually we got a black president. Since 1970, the number of black elected officials combined on the state, federal and local level has risen by about 650 percent (sadly, the folks who faithfully tallied that number over the past 44 years just went out of business last year – and no one seems to care).
We can quibble later over whether that’s translated into full equality for African Americans. But, you can’t argue with one clear fact: we have way greater flexibility to engage fully in society than we’ve ever had before.
Don’t get me wrong: this new discussion about transitioning from protest to policy is a very, very encouraging development. All movements, at some point, have to mature and grasp the legislative process. Recent criticism showed patience wearing thin from both prominent figures watching the movement and those within it as #BlackLivesMatter activists suddenly found themselves losing public sentiment. A recent YouGov poll shows 44 percent of Americans believe protesters should shoulder some responsibility for the murder of NYPD officers Rafael Ramos and Wenijian Liu – along with 40 percent saying police should have more say over law enforcement than the elected officials who pass their budgets and oversee their activities.
Such polling data reveal the uncomfortable reality that protesters are losing the public narrative, which is usually the direct result of a failed political game.
It’s been nearly six months since Michael Brown was killed, police unleashed blue fury on Ferguson, Missouri and Officer Darren Wilson got a pass. To date, the same mayor and city council are in place, with no plans for a recall election in the foreseeable future. That is downright unacceptable.
No heads have rolled and no public firings of ranking officials or police chiefs have taken place in any of those cities where there are large black populations that can be groomed, prepped and mobilized into ferocious take-no-prisoners political machines. Police officers are turning their back on the Mayor of New York City and actively engaging in “work stoppages” – yet, where’s the black political counter-act to that? Progressives and others are always clowning or bashing the Tea Party and other conservative political groups. But current civil rights protesters could actually learn something from them: Tea Party influence may have declined a bit in the past year, but Republican politicians are still forced to shape policy to their liking or face the prospect of job loss in a primary. Stand Your Ground and voter suppression laws would not have passed if powerful interests like the conservative American Legislative Exchange Council hadn’t applied pressure on Republican state lawmakers.
Right now, that’s a missing piece in the movement. People want immediate change they can see, hear and touch. Passing bills through a complex legislative process few average citizens understand won’t make a bit of difference if political blood isn’t spilled first. Bills don’t give you control. Winning elections and running things do.
By: Charles Ellison, Political Animal Blog, The Washington Monthly, January 16, 2015
“You Can Always Count On Fox”: Fox Captures The Culprit For The Paris Attacks; Bill de Blasio, With An Assist From Obama
My first thought on hearing about the killing of at least a dozen Parisians at the satirical newspaper Charlie Hebdo—including editors, cartoonists, and one cop shot on the sidewalk, execution-style, in front of cell-phone cameras—was that Bill Maher will feel even more justified in denouncing Islam as a “violent religion,” all the eloquent arguments by Reza Aslan and others notwithstanding. The murders were an attack not just on journalism, but on comedy itself, not unlike the hacking of Sony over the cartoony Seth Rogen movie The Interview.
My second thought was, “Will journos and comedians now need bodyguards?” Unfortunately, they already do—one of the cops killed Wednesday had been assigned to protect editor Stéphane Charbonnier because of Charlie‘s previous cartoons lampooning the prophet Muhammed and jihadist terror groups. The offices were firebombed in 2011 because of Charbonnier’s fearlessness.
Third thought: “How will Fox cover this?” Will they be torn between hating the terrorists and defending the “surrender monkey” French? Will they somehow connect this to the two cops killed in New York and blame Mayor de Blasio and protesters around the country marching against police violence? Nah, they can’t manage that, can they?
But you can always count on Fox. Within hours of the breaking news this morning, host Martha MacCallum and New York Post columnist Michael Goodwin were throwing the Paris attack and the NYC story into the same blender. After the Ferguson and New York protests, Goodwin said, “Police started to second guess themselves” for fear of being unjustly blamed or worse, killed, for acting too aggressively. The cops, he said, were like journalists who “censor themselves” for fear of being attacked.
Martha nodded. Whether it’s journalists holding their tongues for the sake of political correctness or cops holding back on choke-holds and shooting unarmed black men, “that makes things a lot softer,” she said.
Fox’s Eric Bolling raised the stakes on Outnumbered, saying, “This should be a test case for New York City and cities everywhere. Here’s the point: there’s a very serious push from the left that the police should not be militarized. We should over-militarize.”
An hour earlier, Fox & Friends had been jumping back and forth between the Paris attack and Obama’s threat to veto the first two bills coming out of the new Republican Congress, with Elisabeth Hasselbeck teasing before two commercial breaks: “Coming up: Hypocrisy brewing over president’s veto threats?” The idea is to link two unrelated things—terrorism and Obama’s promised veto of the Keystone pipeline—by weaving them into the same time and space. Weave and repeat: It’s simple and effective propagandistic association.
Ultimately, Fox connects everything under a still-larger narrative: YOU are under attack. Different Fox hosts Wednesday morning went on to tie the Paris attack to the release of Guantanamo prisoners, the Benghazi terrorists who haven’t been apprehended, and the likelihood that enhanced interrogation techniques—i.e., torture—won’t be used on any perpetrators because Obama is just too soft on Islamic terrorists.
On cable news this morning, you did hear the caveat to not blame all Muslims—Bobby Ghozi warned against that impulse on CNN; on MSNBC, White House spokesman Josh Earnest said Islam was “a “peaceful religion.” And even on Fox, a counterterrorism expert said, “Islam is not the definition of terrorism. Far from it.” But he added that unless we start calling it “what it is—radical Islamic terrorism,” we can’t beat them.
In other words, while much of the liberal media are still trying to sort out just what happened and who did it, Fox is already out of the gate incorporating the attack into its ongoing agenda. And no matter whether or not this terrorist assault helps the authoritarian right over here like 9/11 did, in France it will almost certainly boost the Islamophobic Marine le Pen and the right in France 2017 elections.
As political commentator and Huff Post French editor Philippe Moreau Chevrolet said on Al Jazeera, “The far right doesn’t need to campaign anymore. [The attack] is doing the campaigning for them.”
By: Leslie Savan, The Nation, January 7, 2015
“Who Should Investigate Police Abuse?”: When Local DA’s Investigate Local Police Officers, There Is An Inherent Conflict Of Interest
The national conversation about police abuse will shortly take a new turn. Following the failures of local grand juries to bring charges against the white police officers who killed Michael Brown in Ferguson, Missouri, and Eric Garner, in Staten Island, protesters around the country took to the streets. Then, after the murders of the New York police officers Rafael Ramos and Wenjian Liu in Brooklyn on December 21st, a fierce backlash against the anti-police protests began. The result is a sour standoff, with opposing sides united only in their sense of victimhood. Protesters shout “I can’t breathe,” and cops turn their backs on Mayor Bill de Blasio—but now what?
To date, one serious proposal for reform has emerged. On December 8th, Eric Schneiderman, the Attorney General of New York, proposed that Governor Andrew Cuomo name him, Schneiderman, as an independent special prosecutor to investigate and, if appropriate, prosecute police officers in any situation where they cause the death of a civilian. As Schneiderman noted in his letter to the governor, the proposal seeks to address a real problem. When local district attorneys investigate local police officers, there is an inherent conflict of interest. In virtually all usual circumstances, police and prosecutors are partners, working together to build cases against defendants. This is especially true in a place like Staten Island, where the elected district attorney, Dan Donovan, both works closely with the police and answers to many of them as his constituents. As Schneinderman noted, on the rare occasions when prosecutors investigate the police, even when all parties act with the best of intentions, “the question is whether there is public confidence that justice has been served, especially in cases where homicide or other serious charges against the accused officer are not pursued or are dismissed prior to a jury trial.” Cases, in other words, like those of the officers who killed Brown and Garner. (Cuomo has hedged in response to Schneiderman’s idea, saying that he wants to weigh a full package of reforms.)
Schneiderman’s proposal met with a fiercely negative response from an unexpected quarter. Kenneth Thompson, the newly elected district attorney in Brooklyn, blasted Schneiderman’s proposal as “unworkable” and an insult to the state’s sixty-two elected district attorneys. Thompson, a Democrat, is hardly a mouthpiece for his colleagues in law enforcement; he defeated an incumbent district attorney, in significant part, by criticizing the cozy relationship between police and prosecutors in the borough. In his objections to Schneiderman’s proposal, Thompson pointed to potential practical problems—saying that it would stretch the attorney general too thin, particularly if it came to include all accusations of police brutality, not just those that ended in death. But Thompson’s objections were also more profound. “As the duly elected district attorney of Brooklyn, I am more than able to thoroughly and fairly investigate any fatality of an unarmed civilian by a police officer,” Thompson said. Indeed, Thompson recently brought a police-brutality case against two officers, and is investigating the recent police-shooting death of an unarmed man in a housing project.
The conflict between Schneiderman and Thompson illustrates a paradox, even a contradiction, in the criminal-justice system. New York, like most states, has a regime of elected countywide prosecutors. The idea is that law enforcement should respond to the needs of the local community, and for the subjective needs of the community to be paramount. But the system also demands objectivity—an ideal of justice untainted by the special interests of the locals. This is the heart of the conflict over Schneiderman’s idea, and both sides can point to examples that prove their point. It is true that local prosecutors like Thompson have, on occasion, brought successful cases against local police officers. And outsiders, who are not subject to the usual checks and balances on prosecutors, can abuse their freedom. “When you start to talk about special prosecutors—do we really want another Ken Starr?” Frank Sedita, the Erie County District Attorney, asked in response to Schneiderman, referring to the federal independent counsel who led the investigation of President Bill Clinton. The risk, according to Sedita, is ending up with “somebody who is not accountable to the public and specifically not accountable to the citizens of that county.”
Schneiderman’s idea has considerable appeal; his judgment in the Eric Garner case would surely have had more credibility than the one rendered by Donovan. Still, special prosecutors are not necessarily good or bad. Like the locals they replace, they are only as good as the cases they bring, or refrain from bringing. That, ultimately, will rest on the good judgment of the individuals involved, and no one has yet figured out a way of putting the right person in place all the time.
By: Jeffrey Toobin, The New Yorker, December 30, 2014
“Escalating Confrontations That Go Beyond The Black Panthers”: Texas Gun Slingers Police The Police—With A Black Panthers Tactic
On any given night in Arlington, Texas, a group of open-carry activists turned self-appointed cop-watchers can be found walking by the side of the road, in safety-yellow reflector vests with cameras pointed at police. They carry “FILM THE POLICE” signs, and sometimes, in a habit that’s become of increasing concern to the officers being watched, they’re carrying guns of their own.
These armed activists’ mission—ostensibly to hold the police accountable by recording every interaction—has found new meaning in light of recent deaths of unarmed citizens like Mike Brown and Eric Garner. Indeed, members of the Texas group have adopted the “Hands Up, Don’t Shoot” cry popularized during protests of the men’s deaths.
The group is led in part by Kory Watkins, an Olive Garden bartender trainer and a bandwagon activist who also presides over Open Carry Tarrant County (OCTC). (He’s also the host of Open Carry Cop Watch, an Internet radio show that’s launching this week.) Chasing leads from police scanners, members of OCTC and a local faction known as Cop Block—another loosely organized group of anti-law enforcement libertarian-leaners—have been gathering in the approach to DUI checkpoints and speed traps to warn motorists of the police presence, responding in real time with cops to 911 calls, making impromptu stops to film strangers’ traffic violations, all while trolling the police they observe. (During the heckling, bacon references abound, and some cop-watchers even wear police hats with pig ears attached as they follow officers.) According to Watkins, who often carries his AK-47 while cop-watching, the group makes as many as 20 stops a session, depending on the night.
Cop-watching—the practice of observing and documenting police interactions to try to reduce brutality and civil-rights violations—was started by the Black Panther Party in Oakland in the 1960s. Panthers carrying shotguns or wearing pistols on their hips would hit the streets with law books and watch the police to demand accountability. The open carrying of guns was perfectly legal then, though laws were soon enacted to restrict the practice, due in large part to the Panthers’ enthusiastic exercising of their rights.
Today, cop-watching is back, mostly in response to killings of unarmed citizens by police and controversial policies like New York City’s stop-and-frisk. Many cop-watch organizations like to tout the Black Panthers’ origin story, but due to laws or common sense, no longer arm themselves. “Today, our cameras are our weapons,” New York City’s People’s Justice says on its site.
Not so much in Texas.
According to the Arlington Police Department, cop-watching has been going on in that city for about a year. Though early interactions were uneventful—Sgt. Jeffrey Houston told The Daily Beast both the filming of police and the open carry of firearms are “a constitutional right that the department supports”—recently, the cop-watches have been escalating in hostility and frequency and several members have been arrested.
“The police department in Arlington is out of control and keeps wrongfully arresting people for doing things that are well within their rights,” Watkins said in part of a statement provided to The Daily Beast. “It’s wasting taxpayer money and it’s violating the rights of the people.”
Jacob Cordova, 27, is the latest activist to be jailed for their activities. Cordova, an Air Force veteran who sports a Ron Paul “rEVOLution” tattoo on his right arm and flashes a peace sign in his Facebook photos, was on patrol last Saturday as a part of the Tarrant County Peaceful Streets Project when, according a two-minute video of the event, he was arrested. “[For] a pre-1899 black powder pistol, which isn’t against the law. I want them to,” he says as two cops approach. The arresting officer says, “You’re not allowed to have a firearm. I’ve asked you to put it up.” Though the gun is actually legal in Texas, which allows the open carry of long guns and certain antique revolvers, Cordova was taken into custody and charged with the misdemeanor of interfering with public duties.
According to police, Cordova drove up to a traffic stop, got out of his car, and began yelling at officers and pulling up his vest to show them he was armed.
“When you see somebody being aggressive, interfering with a stop, and armed with a deadly weapon, the officer can’t just ignore that,” Sgt. Houston said.
Open-carry activists are known for baiting cops into on-camera arguments about the Second Amendment and state laws. And Cordova has had his share of run-ins with authorities, including an ill-advised attempt to issue a citizen’s arrest for a police officer for double parking.
Arlington police say they’re gotten used to open-carry activists, and even the biggest firebrands among the cop-watch crowd. “It’s the combination that creates an enhanced threat to officer safety,” said Tiara Richard, a spokeswoman for the Arlington Police Department.
Cordova refused to comment on the officer’s allegations—he and others in the group are reluctant to talk with reporters about Cordova’s arrest or their cop-watching activities—but wrote in a Facebook chat with me, “What you see on the video is what you get.” The posted video, however, starts conveniently just before the officers arrest him and leaves out any possible inciting incident by Cordova.
Cordova’s arrest was the second of the night for the cop-watch gang. The first was 26-year-old Pablo Frias, who showed up to record as police responded to a 911 call for a woman had been threatened with a rifle. According to police, Frias got into a disagreement with a bystander at the scene. “Officers had to go stop an elderly lady from being assaulted,” Sgt. Houston said. Frias—who was arrested in 2013 for interfering with public duties and public intoxication—was not carrying a gun at the time.
In September, Watkins; his wife, Janie Lucero; and Joseph Tye, a leader of Texas Cop Block, were arrested on charges related to interfering with a traffic stop. Later, Lucero posted photos online of bruises to her arms, alleging she’d been manhandled by police.
The ratcheting cop-watches and arrests come at a time of anti-police sentiment and heightened concern over officers’ safety. An Arlington PD spokesman noted that in the last fortnight, two New York officers were shot dead in their car, two Los Angeles officers were shot at as they responded to a call, and an officer in Florida was shot and killed responding to a noise complaint.
“It’s a real threat,” Sgt. Houston said.
“We don’t mind them cop-watching. Just leave your guns in the car. Leave your guns at home,” Lt. Christopher Cook told the Fort Worth Star-Telegram.
But such a bargain seems unlikely. Certified letters from the Arlington Police Department requesting a meeting with the cop-watch and open-carry groups have been denied and ignored. Responding to Cordova’s arrest, cop-watch leader Watkins posted a video doubling down: “You disobey the oath that you took and you kidnap and harass citizens who are well within their rights and this is what you get: pissed off patriots. And it ain’t going anywhere.”
By: Brandy Zadrozny, The Daily Beast, January 2, 2015
“The Distance Yet To Go”: 2014, A Reminder Of The Lasting Power Of Racial Politics In America
The year 2014 will be remembered politically for many things, among them the Republican Party’s impressive victories in the midterm elections. But as much as anything, the year was a reminder of the depth of racial tensions and divisions in America.
Killings of unarmed African Americans by police officers in several cities brought demonstrators into the streets in many more cities. Then came the fatal shooting of two New York police officers by a black man who apparently targeted them for murder, an attack that shocked the sensibilities of people of all races and worsened strains between the city’s police union and New York Mayor Bill de Blasio.
The final days of the year have seen another racial controversy arise. This time, it was over the 2002 appearance by Louisiana Republican Steve Scalise, who is now the House majority whip, before a white-supremacist group founded by David Duke, the former grand wizard of the Ku Klux Klan. Duke was a frequent candidate for political office in Louisiana two decades ago.
The Scalise episode, as my colleagues Robert Costa and Philip Rucker wrote, is more than a case of one politician and one event. It is also a reminder of the complexities of race and politics in the Old and New South as that region has made a long transition from one-party Democratic rule a generation ago to today’s one-party Republican dominance.
President Obama is a symbol of the racial progress this country has made and of the distance yet to go. When he was first elected president, he said he believed that his race was as much an asset as a liability in that victory. For every person who cast a vote against him because of his race, he said, there was probably someone who voted for him because of it.
In the weeks after his 2008 victory, he told me that, based on his experience in Illinois, he was confident when he started the campaign that the country had moved far enough on racial issues for race not to be a major obstacle to winning the presidency.
Yet some of Obama’s detractors have made him the target of racially charged criticisms. His allies say that were he not the nation’s first black president, he would not be subjected to such disrespect and venom.
Where does that leave things as the new year begins? Recent polling shows a huge gap between blacks and whites on perceptions of police treatment of minorities — as well as a significant gap between white Democrats and white Republicans. This is not necessarily new, but it speaks to lasting differences that affect political decisions and party coalitions.
Obama, taking a long view, argues that the country has made significant progress and that this ought not to be forgotten at times of heightened tensions. In a reflective interview with NPR’s Steve Inskeep that was released a few days ago, the president said he believes that the country is less racially divided than it was when he took office six years ago.
Obama said that the way the issue of race surfaced in 2014 was likely healthy for society. “The issue of police and communities of color being mistrustful of each other is hardly new,” he said. “That dates back a long time. It’s just something that hasn’t been talked about.”
He went on to say that the attention given to the killings of Michael Brown in Ferguson, Mo., and Eric Garner on Staten Island may make it appear that racial divisions have worsened. But he added, “I assure you, from the perspective of African Americans or Latinos in poor communities who have been dealing with this all their lives, they wouldn’t suggest somehow that it’s worse now than it was 10, 15 or 20 years ago.”
The swiftness with which Scalise and other House Republican leaders moved to defuse the controversy over his appearance before Duke’s group, the European-American Unity and Rights Organization (EURO), shows their sensitivity to being tied to anything that smacks of racially insensitive politics. Acting as quickly as they did, the leaders no doubt hope that the Scalise controversy will have mostly died down by the time lawmakers gather next week, with Republicans celebrating the fact that they now control both the House and Senate.
Still, what remains unclear is why Scalise did not immediately recognize at the time the dangers of speaking to a group whose name suggested its origins and racist interests. His friends and allies contend that he has been adept at avoiding racially polarizing actions or connections that plagued other politicians in the past.
Stephanie Grace, who has long covered Scalise in Louisiana, posted an article Tuesday night on the Web site of the New Orleans Advocate in which she said she never saw any evidence that Scalise endorsed the views of Duke’s organization. She said she has seen him work closely with Rep. Cedric Richmond (D-La.), who is African American, and others in the black community.
She also wrote that Scalise once had said to her that he was like Duke without the baggage. As a result, she wrote, “I also get how the invitation wouldn’t have set off alarm bells, given that Scalise had long since made his awkward peace with the situation. In fact, by 2002, Scalise may have been so used to the idea of dealing with Duke voters that he really considered EURO just another part of his constituency, even if it was a distasteful one.“
That David Duke had a following and a constituency was undeniable, given the support he attracted in his campaigns. Conservatives like Scalise, who came along later, wanted the support of many of Duke’s supporters — even if they rejected his racist politics.
Robert Mann, who has worked for a number of Democratic elected officials from Louisiana and is now a professor at Louisiana State University, made another point in an e-mail message sent Tuesday. “Duke’s racial views were — and still are to some degree — pretty mainstream among a significant percentage of whites here,” he wrote.
It’s noteworthy that Republicans now have a diverse set of statewide elected officials in the South and elsewhere: an African American senator (Tim Scott of South Carolina), two Indian American governors (Bobby Jindal of Louisiana and Nikki Haley of South Carolina), and two Hispanic governors (Susana Martinez of New Mexico and Brian Sandoval of Nevada).
Equally noteworthy is the degree to which the Republican Party still struggles to expand its voter coalition to include more minorities. That Democrats still command 90 percent of the African American vote and that Mitt Romney won just 27 percent of the Hispanic vote in 2012 underscores the distance Republicans must travel.
Today, the two major parties highlight the racial gaps that exist in society. Scott Clement of The Washington Post’s polling unit looked at the racial makeup of the two political parties, based on surveys conducted in the past 15 months. In those polls, the percentage of self-identified Republicans who were white averaged 85 percent. Among Democrats, the average percentage of whites was 53 percent.
Norman Ornstein of the American Enterprise Institute wrote recently in the National Journal that, with the continuing decline in support for Democrats among working-class whites and the failure of Republicans to attract more support among minorities, “it is possible to see a future where the GOP is clearly and distinctly a white party, while Democrats are clearly a majority-minority party.”
That’s not healthy — for either party or for the nation. Changing this will be part of the challenge for the president in his final two years, for Republicans as they take control of Congress and implement their agendas in states where they have unified control and for those who seek the presidency two years from now.
By: Dan Baltz, The Baltz, Chief Correspondent, The Washington Post, December 31, 2014
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