“Go For It, Mr. Speaker”: Eric Garner Offers Boehner A Path To Redemption
What does the death of Eric Garner, following a police chokehold, have to do with immigration? For House Speaker John Boehner, perhaps quite a lot.
Boehner has been trying to contain the Republican reaction to President Barack Obama’s recent executive action on immigration. Boehner’s hopes of passing comprehensive immigration reform were dashed long ago. But he would still like to mute his conference’s most virulent anti-immigration voices — call it the Steve King caucus — to keep his party from becoming further identified with intolerance. (Thursday’s debate on the “Preventing Executive Overreach on Immigration Act of 2014,” a bill sponsored by Republican Representative Ted Yoho, won’t help. It essentially puts the party on record in favor of mass deportation. And the House passed it.)
Republicans are quick to mount the barricades against Obamacare or taxes on high incomes. When it comes to protesting injustice against the poor and marginalized, their reflexes can be unnervingly slow.
Senator Rand Paul shrewdly (and even bravely, despite some dissembling) has tried to shift perceptions that Republicans don’t care about racial minorities, speaking before black audiences and citing his belief, however unreal, that the Republican coalition can bring in a substantial number of black voters in 2016. Confronted by the news of a grand jury’s refusal to bring charges against a police officer who put Garner in a chokehold, however, Paul whiffed. In effect, he focused his outrage on the supreme injustice of New York’s cigarette taxes rather than the loss of a man’s life in police custody.
Boehner’s reaction was both smarter and more humane. Asked about the grand jury decision, Boehner said, “The American people deserve more answers about what really happened here.” Significantly, Boehner also “hasn’t ruled out holding congressional hearings on the matter,” according to BuzzFeed.
Hearings chaired by Republicans would be good for the country and good for Republicans. They would establish precisely what protesters say they are fighting for: an assertion that “black lives matter” to the nation’s leaders and political institutions. At the same time, they would show that Republicans know how to be a party of all Americans, not just the white parts. And they would showcase Republicans grappling with a complex problem instead of unleashing the party demagogues on Benghazi for the umpteenth time.
The timing is auspicious. The Republicans’ aggressive turn against immigrants is highly unlikely to sit well with Hispanics and Asians. Black voters already shun the party by embarrassingly large margins.
It’s not all about political opportunism. Plenty of conservatives are genuinely appalled at the circumstances of Garner’s death. Thursday’s Department of Justice report on the Cleveland police department, released in the wake of a police officer’s fatal shooting of a 12-year-old boy there, underscores the need for a serious federal inquiry. Hearings would be good for everyone. Go for it, Mr. Speaker.
By: Francis Wilkinson, The National Memo, December 5, 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
“Justice Is Not An Unreasonable Desire”: Eric Holder; Problems Exposed By Ferguson ‘Threaten The Entire Nation’
The problems put on display after the death of Michael Brown in the small St. Louis suburb of Ferguson, Missouri, in August “are truly national in scope and that threaten the entire nation,” Attorney General Eric Holder said in a speech on Monday.
Holder, speaking at Ebenezer Baptist Church in Atlanta, said the nation needs to confront the broken relationship between many law enforcement agencies and the communities that they are supposed to serve.
“Broadly speaking, without mutual understanding between citizens — whose rights must be respected — and law enforcement officers — who make tremendous and often-unheralded personal sacrifices every day to preserve public safety — there can be no meaningful progress,” Holder said in prepared remarks. “Our police officers cannot be seen as an occupying force disconnected from the communities they serve. Bonds that have been broken must be restored. Bonds that never existed must now be created.”
Holder, who plans to resign as the nation’s top law enforcement official if the Senate confirms U.S. Attorney Loretta Lynch as his replacement, visited Ferguson back in August. His Justice Department has launched an investigation into the practices of the Ferguson Police Department, in addition to a separate ongoing federal investigation into the shooting of Brown by former Ferguson Police Officer Darren Wilson.
In his speech on Monday, Holder said that the “overall system of justice must be strengthened and made more fair” to ensure faith in the justice system.
“Without that deserved faith, without that reasoned belief, there can be no justice. This is not an unreasonable desire — it is a fundamental American right enshrined in our founding documents,” Holder said.
Calling 18-year-old Brown’s death a “tragedy,” Holder said it “sparked a significant national conversation about the need to ensure confidence in the law enforcement and criminal justice processes” and exposed rifts that “must be addressed — by all Americans — in a constructive manner.”
Holder condemned the looting and destruction that took place around Ferguson last week, saying it was “deeply unfortunate that this vital conversation was interrupted, and this young man’s memory dishonored, by destruction and looting on the part of a relatively small criminal element.”
Holder said that “acts of mindless destruction are not only contrary to the rule of law and the aims of public safety; they threaten to stifle important debate, ‘adding deeper darkness to a night already devoid of stars,'” referencing a quote from Dr. Martin Luther King Jr. “They actively impede social progress by drowning out the legitimate voices of those attempting to make themselves heard. And they are not consistent with the wishes of Michael Brown’s father, who asked that his son be remembered peacefully.”
Holder called on “those who seek to lend their voices to important causes and discussions, and who seek to elevate these vital conversations, to do so in ways that respect the gravity of their subject matter.”
“These are the moments that remind us of the values that bind us together as a nation. These are the times — of great challenge and great consequence — that point the way forward in our ongoing pursuit of a more perfect union,” Holder continued. “And these are the lights that will help us beat back the encroaching darkness — and the stars that will guide us, together, out of this storm.”
By: Ryan J. Reilly, The Blog, The Huffington Post, December 1, 2014
“Liberty, Racism And Police Militarization”: Those Entrusted With Our Safekeeping Have Become Agents Of Racial And Class Division
An important duty of any law enforcement professional is to prioritize the safety of the public over that of his or her self, which is precisely the sacrifice for which we owe our officers immense respect and gratitude. Their selfless commitment to protect and serve our communities warrants praise and commendation, without question.
Unfortunately, it is becoming evident that police agencies are instead implicitly prioritizing their own safety over that of the public, and they justify this trend by citing heightened threat levels on the job. This reorganization of priorities is implied by a passive but evident willingness to increase their protection and firepower at the cost of civil liberty and comfort.
Police militarization is in and of itself an escalation of sorts; when confronted by a police force that is armed with and protected by military grade equipment, a reasonable person will likely perceive himself to be under immediate threat of physical violence. Therefore he will be more likely to reciprocate, resulting in increased aggression by both parties whether that manifests passively (police intimidation) or physically (hurling rocks at a line of police). It is by no means an imaginative stretch to say that the chances of a peaceful protest becoming violent increase dramatically if the assembly is approached or contained by an intimidating and imposing police presence.
Unnecessarily subjecting our police to harm is also ill-advised, but we should pay careful attention to the balance between their safety and the degree to which their presence hinders individual and collective liberty. Even if any perceived assault on liberty is wholly unintended, it is nonetheless unwarranted and unjust.
My critique of police convention is not to trivialize the issue of the structural racism evident in Ferguson and which is pervasive across our justice system. Contrarily, the issue of the militarization of law enforcement directly contributes to and perpetuates this unfair system since the burden of militarization most often rests on the shoulders of underprivileged minority groups. For comparison, consider this year’s Pumpkin Festival at Keene State, which largely devolved into a destructive riot, and how the police response was relatively subdued.
In the aforementioned example, it could be argued that a reduced perception of threat could have driven the relatively amicable police response. This line of thinking alone is indicative of the inequality prevalent in our society. It suggests that those we have entrusted with the safekeeping of our communities have themselves become agents of racial and class division, and that their understanding of institutionalized privilege and oppressive power structures is largely nonexistent.
Though it is easy to believe that such subjectivity is warranted and possibly even a best practice for the protection of our law enforcement officers, placing the safety of a police force over the safety of the community is a dangerous line to cross in the context of a supposedly free and progressive nation. How can we expect subjective law enforcement conventions to establish and maintain an objective peace in our marginalized communities if they themselves perpetuate the structural violence that affects these communities?
Furthermore, we cannot readily expect communities that receive privileged treatment from law enforcement agencies to denounce, acknowledge, or even understand the impacts of inherently racist police practices, their ignorance a result of their own advantaged realities. Such existential distance diminishes the power of compassion to rally our ally communities in support of the less fortunate.
Will a less intimidating police presence fix our problems? No. But it will be a lot easier to support our officers when we don’t see them as being catalysts of the very violence they are employed to suppress.
By: Andrew Nathan Bartholomew, The Blog, The Huffington Post, December 1, 2014
“Let’s Talk About ‘Black On Black’ Crime”: African-Americans Long Oppressed By What Might Be Called “America On Black” Crime
OK, fine. Let’s talk about “black on black” crime.
That, after all, is where the conversation seems to inevitably turn whenever one seeks to engage a conservative on the American habit of shooting unarmed African-American boys and men. So it was exasperating, but nowhere near surprising, to see former New York City mayor Rudy Giuliani go there last week on Meet the Press.
Asked by host Chuck Todd, during a discussion of the Michael Brown shooting in Ferguson, Missouri, about the fact that African-American communities like that one are often served by snow-white police departments, he offered some perfunctory words about the effort to produce more representative cop shops. But then Giuliani took a sharp turn off topic and into the brambles. “I find it very disappointing,” he told Todd, “that you’re not discussing the fact that 93 percent of blacks in America are killed by other blacks. … I would like to see the attention paid to that that you are paying to this.”
There followed a sharp exchange with another panelist, author and professor Michael Eric Dyson, which produced this parting shot from the mayor: “The white police officers wouldn’t be there if you weren’t killing each other.”
Somehow, he managed not to call Dyson “you people.” In nearly every other respect, Giuliani’s words reeked of a paternalistic white supremacy unworthy of a former mayor of America’s largest city — or even a sewer worker in its remotest Podunk. But again, this has become the go-to “reasoning” for those on the right — Sean Hannity, Lou Dobbs, Rush Limbaugh — when asked to give a d–n about the killings of unarmed black boys and men.
That formulation is false for multiple reasons.
In the first place, being concerned over the shooting of unarmed black men hardly precludes being concerned over violence within the African-American community. Giuliani and others suggest a dichotomy where none exists.
In the second place, they ignore the obvious: When black people commit crimes against black people, they face prosecution, but when police officers (or certain neighborhood watchmen) commit crimes against black people, they face getting off with little if any punishment.
In the third place, what exactly is “black on black” crime?
Do black people kill one another? Sure they do. Ninety percent of black murder victims are killed by black assailants.
But guess what? White people kill one another, too. Eighty-three percent of white victims are killed by white assailants. See, the vast majority of violent crime is committed within — not between — racial groups. Crime is a matter of proximity and opportunity. People victimize their own rather than drive across town to victimize somebody else.
So another term for “black on black” crime is “crime.”
But there is crime and there is crime.
Redlining, loan discrimination and predatory mortgages have stripped generations of wealth from the African-American community. What is that if not robbery?
The Republican Party practices policies of voter suppression. That’s the assault and battery of African-American political rights.
Mass incarceration criminalizes the very existence of black men and boys. That’s the rape of equal justice.
Unarmed people are killed by those who are purportedly there to protect and serve them and the “just us” system looks the other way. That’s the murder of basic human rights.
It is touching that Giuliani and others are so concerned about black-on-black crime. But African-Americans have also been long oppressed by what might be called “America on black” crime.
When do you suppose they’ll be ready to talk about that?
By: Leonard Pitts, Jr., Columnist for The Miami Herald; The National Memo, December 1, 2014
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