At least it’s a good morning for those of us who don’t have to live in fear of being murdered or having a loved one murdered for no good reason by policemen who will not be held accountable.
Yesterday it was Eric Garner’s family that had to deal with the decision of a grand jury in Staten Island not to indict the man who killed their husband, son, father. Will Tamir Rice’s family soon suffer the same fate?
Although stark video failed to sway a grand jury to indict a cop in the chokehold homicide of Eric Garner, it captured the shock and rage Wednesday on the Staten Island street where he was killed….
“He got away with a homicide!” one irate woman screamed into her cell phone. “Who gets away with a homicide? Who? Name one person, and it’s on video! Oh my God! What more do you want?”
Chants of “Justice for who? Eric Garner!” broke out in front of 202 Bay St., the beauty supply shop where Garner was placed in a chokehold by Officer Daniel Pantaleo and taken to the ground with the help of other cops as he pleaded “I can’t breathe!”
Jamillah Rivera, 25, of Staten Island said it was hard to fathom that anyone could watch the sickening video of Garner’s takedown — first published by NYDailyNews.com — and not see anything illegal.
“I was there, I saw the whole thing,” said Rivera. “The cop (Pantaleo) stuck up his middle finger to all of us. He thought it was a big joke. How does someone like that go free?”
Daniel Pantaleo already had a troubled history when he choked Eric Garner to death in July. From the AP via Huffington Post:
Court records show that within the past two years, three men sued Daniel Pantaleo — the officer seen wrapping his arm around Garner’s neck — over allegedly unlawful, racially motivated arrests. Garner was black.
In the first lawsuit, settled by the city in January, two black men accused Pantaleo and other officers of arresting them without cause and subjecting them to a “humiliating and unlawful strip search” on the street in which they were ordered to “pull their pants and underwear down, squat and cough.” The men said they were held overnight on charges that were ultimately dismissed.
In a second lawsuit, a man accused Pantaleo and other officers of misrepresenting facts in a police report and other documents to substantiate charges that also were dismissed.
The first lawsuit cost the city $30,000.
The suit, which was settled in January…alleges that Pantaleo and several other officers — Joseph Torres, Ignazio Conca, and Steven Lopez — “unlawfully stopped” a vehicle on Jersey Street in New Brighton. Another officer, Christian Cataldo, arrived at the scene later.
Two of the car’s passengers, Darren Collins and Tommy Rice — a federally convicted gun felon who had been released from prison five months prior — wound up suing in Brooklyn federal court.
According to the lawsuit, after getting license and registration information from both the car’s driver, Morris Wilson, and Collins, the officers ordered Collins and Rice out of the vehicle for a search.
After they were handcuffed, “Pantaleo and/or Conca pulled down the plaintiffs’ pants and underwear, and touched and searched their genital areas, or stood by while this was done in their presence,” the lawsuit alleged.
Pantaleo then took the two men to the 120th Precinct stationhouse, where Pantaleo and Torres strip-searched them again, forcing them “to remove all of their clothing, squat, cough and lift their genitals.”
The men were charged with drug crimes, but the cases were later dismissed. Pantaleo had lied about seeing drugs in plain sight in the car in order to justify the stop and search.
In August, Tommy Rice reacted to the killing of Eric Garner by Pantaleo:
One of the men who filed a lawsuit against the NYPD after Officer Daniel Pantaleo falsely arrested him two years ago said he was “shocked and disappointed” the cop had been let back on the streets.
“I was kind of stunned,” said Tommy Rice, 43, of the moment he saw video of Pantaleo putting a deadly chokehold on Eric Garner.
“I went to Internal Affairs two years (ago) and they did nothing to this cop,” he said. “They let him back on the streets.”
In the second lawsuit, which is still active, Rylawn Walker accused Pantaleo of falsely arrest him in February 2012. Marijuana charges against Walker were dismissed and the records sealed shortly after the arrest. While White label cbd oil and similar oils have been used for their health benefits going back to the dawn of civilization (even before the Great Wall of China was built!), people are just recently rediscovering the profound positive impact these oils can have on treating ailments.
The Daily Beast has a good piece on an earlier case similar to Eric Garner’s–it’s the story of the real life “Radio Raheem” from Spike Lee’s Do the Right Thing.
In Do the Right Thing, as the policeman squeezes the life out of Raheem, one of the onlookers can be heard shouting, “They did it again… just like Michael Stewart.” That’s because the death of Raheem was inspired by the tragic story of Stewart who, like Garner, was cut down by New York law enforcement and whose case ran into problems with the grand jury. Jonathan Moore, a famed civil rights attorney who represented the Stewart family in a subsequent suit against the city, is representing Garner’s family.
At 2:50 a.m. on September 15, 1983, Michael Stewart was spray-painting a wall at the L train’s First Avenue subway station. He was a black, 135-pound art student at Pratt Institute, as well as an aspiring model. New York City Transit cop John Kostick observed Stewart graffiti “RQS” on the wall, and after approaching him, said he surrendered without conflict. “Hey man, you got me,” Stewart said, according to Kostick. The 25-year-old was on his way home to the Clinton Hill neighborhood where he resided with his parents, and his father was a retired MTA maintenance worker.
According to Kostick, while awaiting a van to transport Stewart to the nearest police station, his mood changed. He sprinted from him, and fell to the ground. Once inside the van, several officers allege they subdued him en route to the District 4 transit police station in Union Square. Stewart allegedly tried to run again when they arrived at Union Square. Twenty-three Parsons students later claimed to have observed a struggle between Stewart and the transit police outside the District 4 station, with student Rebecca Reiss alleging she heard him shriek, “Oh my God, someone help me… What did I do? What did I do?” Stewart was eventually booked at the station for resisting arrest and unlawful possession of marijuana (a single joint), and was then hogtied with an elastic strap, and transported to Bellevue for psychiatric evaluation. By the time he arrived there at 3:22 a.m., with a blood alcohol content more than twice the legal limit, he was comatose. He died 13 days later.
Read much more about it at The Daily Beast link.
Isn’t it interesting that the police officers involved in two recent police-involved shootings also had questionable backgrounds?
Darren Wilson, who shot and killed unarmed teenager Michael Brown in Ferguson, Missouri in August, had previously worked for a police force that had to be disbanded because of racial problems and corruption. From The Washington Post on August 23:
After going through the police academy, Wilson landed a job in 2009 as a rookie officer in Jennings, a small, struggling city of 14,000 where 89 percent of the residents were African American and poverty rates were high. At the time, the 45-employee police unit had one or two black members on the force, said Allan Stichnote, a white Jennings City Council member.
Racial tension was endemic in Jennings, said Rodney Epps, an African American city council member.
“You’re dealing with white cops, and they don’t know how to address black people,” Epps said. “The straw that broke the camel’s back, an officer shot at a female. She was stopped for a traffic violation. She had a child in the back [of the] car and was probably worried about getting locked up. And this officer chased her down Highway 70, past city limits, and took a shot at her. Just ridiculous.”
Police faced a series of lawsuits for using unnecessary force, Stichnote said. One black resident, Cassandra Fuller, sued the department claiming a white Jennings police officer beat her in June 2009 on her own porch after she made a joke. A car had smashed into her van, which was parked in front of her home, and she called police. The responding officer asked her to move the van. “It don’t run. You can take it home with you if you want,” she answered. She said the officer became enraged, threw her off the porch, knocked her to the ground and kicked her in the stomach….
The Jennings department also had a corruption problem. A joint federal and local investigation discovered that a lieutenant had been accepting federal funds for drunken-driving checks that never happened….
All the problems became too much for the city council to bear, and in March 2011 the council voted 6-to-1 to shut down the department and hire St. Louis County to run its police services, putting Lt. Jeff Fuesting in charge as commander.
According to the WaPo, a fellow officer described Wilson as “average,” someone who “didn’t go above and beyond” but “didn’t get in trouble” either.
Timothy Loehmann, who shot and killed 12-year-old Tamir Rice in Cleveland on November 22, had also previously worked for a smaller police force before getting his job at the Cleveland PD.
From The Guardian US: Officer who fatally shot Tamir Rice judged unfit for duty by police in 2012.
Officer Timothy Loehmann, who killed Tamir Rice on 22 November, was specifically faulted for breaking down emotionally while handling a live gun. During a training episode at a firing range, Loehmann was reported to be “distracted and weepy” and incommunicative. “His handgun performance was dismal,” deputy chief Jim Polak of the Independence, Ohio, police department wrote in an internal memo.
The memo concludes with a recommendation that Loehmann be “released from the employment of the City of Independence”. Less than a week later, on 3 December 2012, Loehmann resigned.
So why the hell was he hired in Cleveland in March 2014?
On a Saturday afternoon last month, Loehmann and a partner, Frank Garmack, were dispatched to Cleveland’s Cudell Commons Park after a 911 caller reported “a guy” in the park was pointing a “probably fake” gun at people. Surveillance video recovered after the incident showed Tamir Rice, the 12-year-old, handling a pistol-sized pellet gun.
Loehmann shot the boy dead within two seconds of a police car driven by Garmack arriving to the park and pulling to a stop within feet of the child. In the video, released by Cleveland police a week ago, Loehmann appears to fire his gun as he opens the door to leave the police car.
Loehmann has been taken off patrol duties in Cleveland and the shooting is under internal review.
Read more at the link.
A few more details about Loehmann’s problems from The Washington Post:
Two years ago, when he was working for a police department in a Cleveland suburb, Tim Loehmann participated in firearms qualification training.
Loehmann struggled with the exercise, according to a memo penned Nov. 29, 2012, by Jim Polak, deputy chief of the Independence Police Department and obtained Wednesday by Northeast Ohio Media Group. He was “distracted” and “weepy,” Polak wrote, and did not seem “mentally prepared” for the task.
“He could not follow simple directions, could not communicate clear thoughts nor recollections, and his handgun performance was dismal,” Polak wrote.
The letter recommended that the department split with Loehmann, who later resigned and went on to graduate from the city of Cleveland’s police academy. A Cleveland police spokesman told the media group that officers didn’t look at the file before hiring Loehmann.
“Unfortunately in law enforcement there are times when instructions need be followed to the letter, and I am under the impression Ptl. Loehmann, under certain circumstances, will not react in the way instructed,” the letter reads.
The US Department of Justice is currently looking into civil rights violations in the Michael Brown case, and yesterday Attorney General Eric Holder announced there would be a similar investigation into Eric Garner’s death.
It seems to me that a nationwide investigation of police practices is called for at this point. There have been numerous cases of white police officers killing unarmed black men and boys. When will it end? This is a shocking and serious issue that must be dealt with as a systemic problem.
What do you think? What else is happening? Please post your thoughts and links in the comment thread and hug the people you love today.
The day after Thanksgiving might very well be the slowest news day of the year unless you want to read about people fighting tooth and nail over “bargains” bargains at Walmart and other huge chain stores. Nevertheless, I’ve managed to dig up a few stories of possible interest.
Professor Jaeha Lee of at North Dakota State University and her colleagues actually published a study on the phenomenon of bad behavior by “Black Friday” shoppers. From The Conversation, Retail rage: why Black Friday leads shoppers to behave badly.
The manic nature of Black Friday has often led shoppers to engage in fistfights and other misbehavior in their desperation to snatch up the last ultra-discounted television, computer or pair of pants. What is it about the day after Thanksgiving, historically one of the busiest shopping days of the year and traditionally the start of the holiday season, that inspires consumers to misbehave?
The unique characteristics of Black Friday sales promotions and the frantic retail environment they create, coupled with the shoppers’ own physical and emotional states combine to loosen the emotional constraints. Retailers heavily promote their most desirable items at deeply discounted prices in order to encourage more foot traffic. Demand for those precious few items naturally exceeds supply, and that imbalance can lead to aggressive consumer behavior.
But another key ingredient results from the very timing of the sales, which may begin at midnight or early in the morning and require eager customers to camp outside a store all night: sleep deprivation. That means many Black Friday shoppers’ cognitive levels are not functioning at top form, resulting in impaired decision-making and heightened negative mood states, thus facilitating misbehavior.
Researchers found that most Black Friday customers are well behaved, and a “proactive” strategy would be to make store rules clear to shoppers and “monitor” their behavior even before get into the store; and remove rude and aggressive shoppers before they can start trouble. Read more at the link if you’re interested. My personal solution to “retail rage” is to stay out of stores as much as possible until after the new year, and do most of my shopping on line.
Of course Ferguson is still very much in the headlines.
From Reuters, via Huffington Post, Ferguson Protesters Target Black Friday Sales.
(Reuters) – Protesters in Ferguson, Missouri began targeting Black Friday sales at major retailers overnight in a new tactic to vent their anger at a grand jury decision not to indict a white police officer who fatally shot an unarmed black teen.
Kicking off their latest strategy inside a Walmart in another nearby suburb of St. Louis, about 75 demonstrators protested peacefully, chanting “Hands up, don’t shoot!”, bemusing bargain-hunters pushing their brimming shopping carts.
They dispersed peacefully when ordered by a small group of police, moving on to a Target store where they staged a similar demonstration. More protests were planned for Friday.
Before heading in convoy to Walmart late on Thursday, a group of some 100 demonstrators ate Thanksgiving dinner, sang, prayed and discussed their new strategy in the basement of a St. Louis church.
“We are bruised but not broken,” said Cathy Daniels, a woman known to the activists as “Momma Cat” who prepared the food. “We are regrouping. We are not going to take this lying down.”
It’s really impressive to me how organized the long-time Ferguson protesters have become.
PBS Newshour has compiled a useful chart that breaks down the differences and similarities among grand jury witnesses to the shooting of Michael Brown by police officer Darren Wilson. The results of the analysis:
– More than 50 percent of the witness statements said that Michael Brown held his hands up when Darren Wilson shot him. (16 out of 29 such statements)
– Only five witness statements said that Brown reached toward his waist during the confrontation leading up to Wilson shooting him to death.
– More than half of the witness statements said that Brown was running away from Wilson when the police officer opened fire on the 18-year-old, while fewer than one-fifth of such statements indicated that was not the case.
– There was an even split among witness statements that said whether or not Wilson fired upon Brown when the 18-year-old had already collapsed onto the ground.
– Only six witness statements said that Brown was kneeling when Wilson opened fire on him. More than half of the witness statements did not mention whether or not Brown was kneeling.
Check out the full chart at the link.
From the Guardian US, How Michael Brown’s family could still file a lawsuit against Darren Wilson.
If they do decide to go that route, the family’s first option would be to file suit against Wilson or the Ferguson police department or both for wrongful death in a state court. If they did that, the case would most likely be heard in nearby Clayton, Missouri, in the same courthouse where the grand jury that declined to indict Wilson sat.
The other option is to sue in federal court, for what is known as a “1983” violation (named for its place in federal law, Title 42 Section 1983 of the US code, not the year), which means a deprivation of civil rights. This would be filed in the US district court for the eastern district of Missouri, in St Louis.
While in federal court for the 1983 violation, they could at the same time assert the state law case of wrongful death. Importantly, a 1983 suit also contains a variety of provisions for shifting the burden of legal fees; if the plaintiff wins a 1983 case, the defendant has to pay all the lawyers’ fees and expenses, on top of any damages awarded.
“My guess is the family will go to federal court, both because of the fee-shifting rule and also because of a potentially better jury pool,” said Ben Trachtenberg, a professor of law at the University of Missouri. The state court jury pool would draw from St Louis County, which might be seen as more predisposed to support Wilson, while the federal jury would come from a wider geographical area.
At The New Republic, Brian Beutler tries to make the best of the outcome of the midterm elections, Six Reasons I’m Thankful for a Republican Congress. I can say that I agree with him, but I could be wrong. Here’s the introduction to the piece:+
I generally don’t go in for sentimental holiday rituals like announcing New Year’s resolutions or giving children candy on Halloween. But in the interest of promoting counterintuitive thinking about American politics and juicing this website’s holiday traffic, I’m making an exception this Thanksgiving. So here goes:
Today, I am thankful that Republicans won the midterm elections and will soon control the U.S. Senate.
I’m not arguing that a fully Republican Congress will produce better policy than a divided Congress, or that Democrats should feel relieved to have lost the midterms so badly. All I’m suggesting is that a Republican Senate is the best outcome for me, personally, and for the growth interests of my employer. And also, maybe—in the longer term—for the country’s fragile, wheezing political system.
Read his reasons at the link.
According to the AP (via the WaPo), some Southern Democrats want their party to get back to “basics.”
ATLANTA — Southern Democrats are joining others in the party who say that a return to advocating to lift people out of economic hardship and emphasizing spending on education and public works will re-energize black voters and attract whites as well.
“It’s time to draw a line in the sand and not surrender our brand,” Rickey Cole, the party chairman in Mississippi, said. He believes candidates have distanced themselves from the past half-century of Democratic principles.
“We don’t need a New Coke formula,” Cole said. “The problem is we’ve been out there trying to peddle Tab and RC Cola.”
Cole and other Southern Democrats acknowledge divisions with prominent populists such as Hillary Rodham Clinton, who is expected to run for president in 2016, and Massachusetts Sen. Elizabeth Warren. Yet they see merit in pushing stronger voting rights laws, tighter bank regulation, labor-friendly policies such as a higher minimum wage and other familiar party themes.
Finally, a great British mystery novelist, PD James, died yesterday at age 93. I’ve read a number of her books. From BBC News:
Her agent said she died “peacefully at her home in Oxford” on Thursday morning.
The author’s books, many featuring sleuth Adam Dalgliesh, sold millions of books around the world, with various adaptations for television and film.
Her best known novels include The Children of Men, The Murder Room and Pride and Prejudice spin-off Death Comes to Pemberley.
The author told the BBC last year she was working on another detective story and it was “important to write one more”.
“With old age, it becomes very difficult. It takes longer for the inspiration to come, but the thing about being a writer is that you need to write,” she said.
There’s much more about James at the link. I absolutely loved her first novel, An Unsuitable Job for a Woman.–so much so that I’ve read it at least three times. It’s about Cordelia Gray, a woman who successfully runs a detective agency.
Here’s tribute to PD James by her close friend and fellow mystery novelist Ruth Rendell from the Guardian, PD James: ‘Any of the events in Phyllis’s books might have happened’.
She did not write sensation novels, she wrote books about real things, things that could have happened. She didn’t write at all like Agatha Christie. Christie had the most magnificent plots and great stories, but I don’t think anyone would say that she wrote believable stuff, people didn’t want that from her.
But any of the events in Phyllis’s books might have happened – and I think people liked that because they’d never had it in crime fiction before. Dorothy Sayers was a marvellous crime writer, whom both Phyllis and I admired very much, but she hadn’t got the same reality, and she also had that peculiar snobbishness that made her have her detective the son of a duke. Phyllis would have nothing of that.
Both of us thought more about the characters than the crime. Her plots were good, of course, but she took particular care in the creation of character. Place also mattered a lot to her: if you knew the Essex coast you’d want to read some of her books because of her wonderful descriptions.
She always took enormous pains to be accurate and research her work with the greatest attention. She made few mistakes, but on one memorable occasion she did have a male character get on a motorbike and reverse it (I think you can do that now, but this was 30 or 40 years ago), and of course she got a lot of letters about it. But she had a great sense of humour and thought it was very funny.
If one of her books had police work in it, the police work would be true, it would be very real. Her detective Dalgliesh – named him after a female teacher at her school, she just liked the name – is the most intelligent police officer in fiction that I’ve ever come across. He’s sensitive, intelligent, rather awe-inspiring and slightly frightening, but he is a real person, you can get really involved in him.
Both of these women were involved in British politics.
We never talked about crime – because it was what we both wrote about – and we never talked about politics. Phyllis joined the House of Lords several years before me. We were both utterly opposed to each other politically: she was a Tory and very much a committed Conservative, whereas I’m a socialist, I’m Labour and always have been. Once we were in for a vote and crossed paths going to the two division lobbies, she to the “content” lobby and I to the “not content” – and we kissed in the chamber, which caused some concern and amazement.
James lived a long and productive life and her writing gave pleasure and intellectual stimulation to millions of readers around the world. RIP Phyllis.
That’s all the news I’ve got this morning. What stories are you following, if any? I hope everyone enjoyed the holiday. I hope to see some of you in the comment thread, although I know it’s a busy day for lots of people.
Take care, Sky Dancers! I’m thankful for all of you.
The above picture is from St. Louis….see Mediaite link below.
There is activity inside the “Justice Room” in Clayton, MO where the announcement will be made shortly…so I thought I would put up a live blog. Chris Hayes just reported that the Prosecutor Bob McCulloch, will give a twenty minute statement…and then take questions.
On Maddow they are reporting that documents will be released online within an hour after the statement. WTF?
A prosecutor is set to unveil a grand jury’s decision on whether to indict Darren Wilson, the white police officer who shot and killed unarmed black teenager Michael Brown on a street in Ferguson, Missouri, in August.
The announcement is scheduled for 9 p.m. ET.
The grand jury, which considered evidence for three months, had the option of returning a charge as severe as first-degree murder against Wilson, 28. They also had the option of a lesser charge, or no charge at all.
Ferguson and neighboring communities were on edge ahead of the announcement. Businesses boarded up windows, and schools closed early for the following day. Police beefed up patrols, and Gov. Jay Nixon readied the National Guard.
— Erin McClam
INDICTMENT OR NO?… Missouri Gov. Appeals For Calm… St. Louis County Prosecutor Will Release Records If No Indictment… NYT: Wilson Not Yet Told To Turn Himself In… What You Need To Know About The Grand Jury… TIMELINE: The Death Of Michael Brown… LIVE UPDATES…
Consider this an open thread….
President Obama’s executive action on immigration tops the news today. Ferguson is a close second. I’ll be focusing mostly on those two stories in this post.
Before I get started, I want to point you to a new post by Darren Hutchinson of Dissenting Justice. It will give you some reality-based ammunition to deal with crazy wingnut friends, relatives, and Facebook and Twitter followers.
ATTENTION: Before you can argue that the government has violated a law, you must actually READ the law.
FACT: Congress has the exclusive power to pass laws regarding immigration (U.S. Const. Article I, Section 8, Cl. 4).FACT: Executive Power of the US is vested in the President, which means the President, not Congress, executes the immigration laws (U.S. Const. Article II, Sect. 1, Cl. 1)….
FACT: Consistent with the Constitution, the INA gives the Executive Branch (President, Homeland Security, Attorney General, and Secretary of State) the power to enforce immigration laws (8 U.S.C. Sect. 1103-1104)….
FACT: The Executive Can “Cancel” the Removal of Certain Deportable Individuals.
The INA allows the Attorney General to cancel removal (deportation) or adjust the status of certain categories of undocumented individuals. The statute explicitly spells out the criteria for doing so. Thus, the statute provides an “intelligible criteria” for the Attorney General to follow. (8 U.S.C. Section 1229b(a)-(b))….
The Executive Can Give Temporary Protected Status to Certain Deportable Individuals. The INA also allows the Attorney General to grant “Temporary Protected Status” (TPS) to deportable individuals from certain countries that the Attorney General has placed on a TPS list. As required by Supreme Court doctrine, the INA gives SPECIFIC guidelines – or an intelligible principle – for the Attorney General to follow when determining whether to give TPS designation to a country. The statutory factors include serious conditions in the individual’s home country, like armed conflict; natural disasters; a request for temporary protected status by the country; or “extraordinary and temporary conditions” that preclude the safe return of the individual, so long as TPS does not conflict with the interests of the US.
(8 U.S.C. Sections 1254a-i)
Those are the highlights. There’s more at the link. I plan to save Hutchinson’s post for future reference. I’m thinking of printing it out in case I get in a political argument with my brother over Thanksgiving dinner.
Obama has been vilified from day one by people who obviously have never read the Constitution or any U.S. laws dealing with their various political hobby horses, and I’m sick and tired of it.
You all know I not a fan of Obama when he ran for president in 2008, and I still think he’s a conservative technocrat who is far to willing to support privatization of public services. But he is the President of the United States now. I support his efforts to reform immigration laws. He’s only taking executive action because Congress is full of stupid and irrational people who are too lazy or stubborn to cooperate with him. Sadly, the DC media is largely made up of wealthy, privileged people who got their jobs because through nepotism and/or because they attended elite universities and are too lazy or stupid to provide accurate information to the public. Therefore, people who don’t focus on politics like we do get false information from TV news or “journalists” who do not understand what journalism is.
A few more links on the immigration story:
Washington Post Wonkblog, Flow chart: Who qualifies for Obama’s immigration offer?
The president’s executive action would delay deportation for the undocumented mother of a child born in the U.S. on Thursday — but not an undocumented mother who gave birth here one day later. Similarly, the president has offered deferrals to children brought to this country by their parents before their 16th birthday — but not a few weeks after.
Such deadlines serve a purpose: They’re meant to discourage new immigrants from coming in the future, or to dissuade women already here from giving birth with the goal of securing deferrals. But they also show that the president’s action falls far short of a comprehensive solution. It offers, instead, a fragmented answer that will leave many immigrants disappointed.
Check out the flow chart at the link for details.
Greg Sargent at The Washington Post, Bringing perspective to Obama’s move on deportations.
Now that President Obama has announced his executive action to temporarily shield millions from deportation, confirming the administration’s view that this move is well within his authority, the battle now shifts to a political fight over the policy itself, and over whether it violates “political norms.” Is this action so provocative an affront to Congress that it sets a precedent for future GOP presidents to use discretion to selectively enforce laws liberals like?
Embedded in the legal opinion that the Office of Legal Counsel released to justify the move is an important nugget that should, in theory, help take the steam out of the idea that this move is a flagrant violation of political norms.
Obama’s action temporarily shields from deportation the parents of children who are U.S. citizens and legal residents, and also expands the program (Deferred Action for Childhood Arrivals) to protect people brought here illegally as children. But it excludes parents of DACA recipients.
The reason for this offered by the OLC memo is that protecting parents of legal residents is in line with Congressional intent, as expressed in statute, while protecting DACA parents isn’t:
[T]he parents of DACA recipients are differently situated from the parents of U.S. citizens and LPRs [Legal Permanent Residents] under the family-related provisions of the immigration law. Many provisions of the INA [Immigration and Nationality Act] reflect Congress’ general concern about separating individuals who are legally entitled to live in the United States and their immediate family members….But the immigration laws do not express comparable concern for uniting persons who lack lawful status (or prospective lawful status in the United States with their families…Extending deferred action to the parents of DACA recipients would therefore expand family-based immigration relief in a manner that deviates in important respects from the immigration system Congress has enacted.
This legal opinion probably precludes any future expansion of this program to cover parents of DACA recipients. And it underscores two things: First, that the proposal is heavily focused on providing relief from humanitarian hardship endured by U.S. citizens and permanent residents, a longtime intention of Congress, as expressed in statute. Second, it shows that the proposal’s legal rationale is tightly circumscribed to reflect that Congressional intent.
Follow me below the fold for much more . . .
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A Grand Jury decision is imminent in the Michael Brown shooting case in Ferguson, Missouri. For the past couple of weeks the media has been full of reports of how police departments in the St. Louis area are preparing for what they predict will be violent protests.
The general assumption is that Ferguson police officer, who killed Brown at about noon on August 9, will not be charged. The simple truth is that white police officer who kill black people are rarely charged and almost never convicted. Furthermore, the LA Times reports that law enforcement officers who kill citizens in Missouri are given “wide latitude.”
Missouri law provides wide latitude for police to use deadly force, particularly if the officer believes it’s necessary to protect his or her safety or the safety of others.
But that law might not shield Wilson. “If Michael Brown was trying to surrender at the time, that makes this defense not applicable,” Washington University law professor Peter Joy said. “So the question is: Was Michael Brown clearly trying to surrender at the time that the fatal gunshots were fired?”
Several witnesses who saw the shooting reported that Brown’s hands were in the air when Darren Wilson shot and killed him, but, as far as I can tell, most media sources recently have changed the narrative to the police version–not based on direct observation–in which Wilson supposedly feared for his life because the unarmed Brown “charged” at him after being hit with at least two bullets.
There is another investigation by the Justice Department into whether Darren Wilson violated Michael Brown’s civil rights, but
Joy said a federal indictment seemed unlikely, at least according to the publicly reported accounts of the shooting thus far.
“That would require that Officer Wilson intentionally planned or intentionally meant to violate the civil rights — that is, take the life of — Michael Brown because of his race,” Joy said.
The media narrative has gradually been revised since August, when we saw what were essentially police riots in which Ferguson and St. Louis police used military surplus equipment to control peaceful protesters and reporters and photographers who were covering events on the ground. Now we’re repeatedly being told that Brown was the aggressor, with the unwritten implication that he deserved to die. Back in August, some law enforcement officers threatened to kill protesters and even arrested numerous members of the media who were simply doing their jobs. But that’s all forgotten now. Now the corporate media appears to be fully behind the Ferguson and St. Louis police; and both the police and the media are preparing for what they expect–and apparently hope–will be violent and dangerous riots.
Since the Grand Jury decision may come very soon, I thought I’d gather the latest updates on this important story for today’s post. I’ll admit up front that I’m not an nonpartisan observer in this case.
First, the LA Times article I linked to above has a good summary of the two sides to the story of the shooting, Back Story: What happened in Michael Brown shooting in Ferguson, Mo.?
Also from the LA Times, a report of Missouri Governor Jay Nixon’s recent announcement about government preparations for what he apparently assumes will be riots, National Guard on call if Ferguson grand jury decision triggers violence.
The National Guard will be ready to assist law enforcement in Missouri if unrest erupts after a grand jury announces whether to indict a white police officer who fatally shot an unarmed black man in Ferguson, Gov. Jay Nixon announced Tuesday.
“Violence will not be tolerated,” Nixon said at a news conference with officials from the Missouri State Highway Patrol, St. Louis County police and St. Louis Metropolitan police. The governor said the agencies would form a unified command to deal with protests. “Residents and businesses of this region will be protected,” Nixon said….
Nixon said that the rights of peaceful protesters would be respected but that officials would have no tolerance for violent agitation. “Our dual pillars here are safety and speech,” Nixon said in the televised news conference from St. Louis. The National Guard, he said, would be available “when we determine it is necessary to support local law enforcement.”
Nixon added: “The world is watching.”
Nixon did not say whether there have been any efforts to diffuse anger on the part of local police officers or prevent more police overreactions to peaceful protests.
The story also quoted St. Louis police chief Jon Belmar.
“The community is on edge. … There is a large sense of anxiety out there. This is a little unprecedented,” St. Louis County Police Chief Jon Belmar told reporters in a televised news conference. Belmar added: “If you talk to chiefs around the country [as I have], they’re concerned and prepared for this to perhaps lap into their communities also.”
Gee, I wonder why? Could it be because police shootings of unarmed black men are so common in this country? Belmar also defended the use of military equipment to control protests.
Belmar defended the agency’s response by saying that such gear was necessary for his officers’ protection and pointed out that no protesters lost their lives during August’s demonstrations, which were occasionally marred by looting and gunshots. “My goodness, could we be that fortunate moving forward?” Belmar said of the absence of fatalities.
The St. Louis County Police Department has spent about $120,000 to replenish equipment such as shields, batons, tear gas and flex handcuffs after weeks of unrest in the aftermath of the shooting depleted supplies and damaged equipment.
Here are some recent examples of white policemen shooting unarmed black men:
The New Republic, A Dash Cam Didn’t Stop This White Officer From Shooting an Unarmed Black Man (fortunately, this officer was arrested and charged. Whether he’ll be convicted or not, we don’t know yet)
Mother Jones, August 13, 2014, 4 Unarmed Black Men Have Been Killed By Police in the Last Month.
Here’s piece on this subject by Washington Post columnist Jonathan Capehart, The terrifying police shootings of unarmed black men.
One of the burdens of being a black male is carrying the heavy weight of other people’s suspicions. One minute you’re going about your life, the next you could be pleading for it, if you’re lucky. That’s what happened to Trayvon Martin in February 2012 and Michael Brown last month. And two other recent shootings add further proof that no standard of conduct, it seems, is too good or too mundane to protect a black man’s life particularly from a police officer’s bullet.
John Crawford III was talking on his cell phone in the Beavercreek, Ohio, Wal-Mart and carrying an unloaded BB air rifle he picked up in the superstore on Aug. 5. “There is a gentleman walking around with a gun in the store,” Ronald Ritchie told the 911 operator. “Yeah, he’s, like, pointing at people….He’s looking around, waving it, waving it back and forth….He looked like he was trying to load it. I don’t know.” Fair warning: As the graphic video shows, Crawford was shot and killed by police. Ritchie has since changed his account of what happened.
You can watch the video at the link. Capehart also discusses the Brown case and the case in South Carolina (story linked above).
Levar Jones was pulled over for a seat-belt violation by now-former South Carolina state trooper Sean Groubert on Sept. 4. Thanks to the startling and graphic dashcam video we get to see every African American’s worst nightmare unfold in seconds….
Groubert asks Jones, “Can I see your license, please?” Jones, who was standing outside his car at the gas station convenience store, turned and reached inside to retrieve it. “Get out of the car! Get out of the car!” Groubert shouts before opening fire on Jones at point-blank range. After being hit in the hip, Jones can be seen moving backwards away from his car with his hands in the air as two more shots ring out.
Instead of using these recent cases to highlight and deal with the problem of police shootings of unarmed people, it seems that local and state governments like those in Missouri are simply doubling down on the people who protest them. I’m really concerned that all the talk of “riots” being inevitable in Ferguson is going to be a self-fulfilling prophecy.
Caitlin Dickson of The Daily Beast reports that at least one expert agrees with me: Riot Prep Could Fuel Ferguson Violence.
Despite a concerted police effort to quell demonstrations, protesters have carried on consistently and, for the most part, calmly since Brown’s death at the hands of police officer Darren Wilson this past August. But the impending grand jury decision on whether Wilson will be indicted in Brown’s death—and leaks of evidence suggesting he won’t—has law enforcement, residents, and business owners preparing for violence on the streets.
In addition to Missouri Governor Jay Nixon’s announcement on Tuesday that the Missouri State Highway Patrol, the St. Louis Metropolitan police, and the St. Louis County police will join forces (with the National Guard on standby) in handling demonstrations following the grand jury decision, almost every national news organization—from CNN to The New York Times, the Associated Press and Reuters—has reported that Ferguson residents and business owners have been taking matters into their own hands. Gun sales are up, local gun-shop owners told reporters. People like Dan McMullen, whose insurance agency is located near a spot where the few instances of vandalism and looting took place following Brown’s death, was quoted by both the New York Times and CNN as saying he’s stocking up on guns in case of a riot….
Despite Governor Nixon’s declarations that “violence will not be tolerated” and “residents and businesses of this region will be protected,” some experts wonder whether all the emphasis on preparedness—from the $120,000 spent by the St. Louis County Police on riot gear to the sudden demand for guns—may do more harm than good.
“I don’t think this is the way we should be thinking about what might happen,” American University professor Cathy Schneider told The Daily Beast. Instead, Schneider, who is an expert on social movements and racial tensions, argues that what we should be thinking about is, ‘how do we convince a community that the police will act to serve them, that the justice system will defend their interests, and that the verdict will be just?” [….]
“If one side is buying guns and preparing, what do you think the other people are doing, who think those guns are going to be used against them?” Schneider asked. Instead of acknowledging that Ferguson’s black community “is in pain and wondering whether justice will be done,” Schneider said, such intense preparation sends the message that “we think your community is dangerous and we’re armed and prepared to kill you.”
It also doesn’t help that Ferguson police chief Tom Jackson–who should have been fired by now–has announced that Darren Wilson, the man who killed Michael Brown, will be welcomed back to the local force if he isn’t indicted by the Grand Jury.
Here’s an excellent op-ed by Mary Sanchez of the Kansas City Star: The fire next time … may engulf Ferguson, Mo.
By every indication — from both the street and civic offices — Ferguson, Missouri is expected to blow.
The grand jury decision on whether a white police officer will be charged in the shooting death of an unarmed 18-year-old black man could come any day. Many are expecting no indictment of the officer, no criminal charges alleging that he went too far the day Michael Brown died.
If that’s the outcome, God help us all. Keeping the lid on the public reaction will be a gargantuan task.
Of course local leaders fed the outrage from the very beginning by trying to protect Darren Wilson and by leaving Michael Brown’s body lying exposed in the street for four hours.
Sanchez refers back to the riots in Los Angeles in 1965 as well as those in 1992 after the failure to indict police who beat Rodney King within an inch of his life. Why don’t government leaders deal with the root problems at work in these cases?
In Watts nearly 50 years ago the name was Marquette Frye, not Michael Brown. Frye, 21, was pulled over in a traffic stop, suspected of being drunk. When other family members arrived, a fight broke out with police. Word spread, alleging police had over-reacted.
For six days people rioted. There were 34 deaths, more than 1,000 people injured, $40 million in property damage and more than 1,000 buildings were destroyed.
In 1992, the person at the center was Rodney King. He’d led police on a high-speed car chase, fleeing after fearing that his probation would be revoked from a robbery conviction. When he finally was stopped, what happened next shocked the nation. The video of the officers assaulting King without mercy when they could have simply handcuffed him was played over and over on television.
When those officers weren’t indicted, the city erupted again. This time, 53 people died, more than 2,000 were injured, the property damage was pegged at $1 billion and another 1,000 buildings were destroyed.
In both cases, commissions were formed and good people went to work unraveling how one incident could ignite such violence. The underlying causes were found to be similar despite the nearly 30 years that had passed: the burdens of poor education, lack of jobs, poverty, racial tensions, and inferior housing and transportation.
Sanchez goes on to recommend changes that local and state governments will most likely either ignore or respond to with lip service.
We’ve seen over the past several years that virulent racism is alive and well in this country, and we simply are not dealing with it.
This nation was founded on the enslavement of black people, and despite the civil rights struggles of the 1960s, efforts to desegregate schools, and affirmative action, black people are still treated as second class citizens by many Americans. A number of states have even instituted voter ID laws that essentially act as poll taxes did in the Jim Crow era to keep black people from voting, and the Supreme Court has affirmed the right of states to do this.
We are now on the verge of another flashpoint in the history of race conflicts in our country–the possibility of violence following a failure to punish Darren Wilson for essentially ignoring the humanity of black teenager Michael Brown.
When will it end?
A few more reads to check out if you’re interested:
St. Louis Post-Dispatch, Protesters prepare for the worst in Ferguson.
Fellowship of Reconciliation, Ferguson Under Indictment.
Juan Williams at Fox News, Are liberal news outlets begging for a race riot in Ferguson?
Michael Martinez at CNN, Ferguson case raises question: Where’s the data on officer-involved killings?
Christian Science Monitor, Ferguson verdict: Why St. Louis schools will know first.
AP via Boston Globe, Churches prepare for possible Ferguson unrest
What stories are you following today? Please post your thoughts and links in the comment thread, and have a great weekend.