The Simple Way Congress Can Stop Federal Officials from Abusing Protesters
https://www.politico.com/news/magazine/2020/06/10/the-simple-way-congress-can-stop-federal-officials-from-abusing-protesters-309959
Lone Candle
Champion of Truth
https://www.politico.com/news/magazine/2020/06/10/the-simple-way-congress-can-stop-federal-officials-from-abusing-protesters-309959
“For Europeans watching events unfold across the Atlantic — as thousands took to the streets across the U.S. — it was the massive, and seemingly effective, response that followed George Floyd’s death as much as the brutality of his killing that spurred them to action. At a time when U.S. President Donald Trump has tarnished the national brand in the eyes of many in Europe, activists took cues and borrowed slogans from a civil rights movement that has inspired people on both sides of the Atlantic for decades.
In Belgium, some 10,000 people gathered in front of Brussels’ Palais de Justice for a protest organized by the Belgian Network for Black Lives. In a sea of hand-drawn “Black Lives Matter” and “No justice, no peace” placards, people held up signs calling out the country’s history of racism — “Belgium, too” and “We need to talk about Leopold II and Belgian colonies” — and the names of recent victims of police violence.
A planned protest last week organized by families of victims of police brutality in France — including Adama Traoré, a 24-year-old black man who died in police custody in 2016 — drew record numbers of people in Paris. In cities across Germany, Spain, the U.K. and the Netherlands, protesters also flouted lockdown rules to flood public squares to demand justice for the people of color who died in police custody in their own countries. They filled streets in Dublin, Copenhagen and Milan. In Bristol, in the U.K., protesters tore down the statue of a 17th-century slave trader, dragged it through the streets and threw it in the harbor.”
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“Europe’s history with race relations is so different from that of the U.S. There was no large-scale system of slavery in modern Europe; it largely “exported” its racism to its colonies, which it plundered for wealth and cheap labor. Most migration from Africa to Europe is relatively recent, starting in the 1960s. In most European countries, there are people who remember when large numbers of migrants first arrived.
Colonialism is still a touchy subject in a number of countries, particularly in France and Belgium, which have largely failed to grapple with their bloody legacies. There is a “selective amnesia” in Europe about its imperial legacy and a “toxic nostalgia that to this day taints their misunderstanding of that history,” the British journalist Gary Younge wrote in a piece for the New York Review of Books.”
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“Although most of Europe, unlike the U.S., has never put in place a system of legal discrimination explicitly targeting people of color, like the Jim Crow laws, the daily racism experienced by Europeans is no less shocking. In some cases, it’s more so.
“Levels of incarceration, unemployment, deprivation and poverty are all higher for black Europeans,” according to Younge. “Perhaps only because the Continent is not blighted by the gun culture of the U.S., racism here is less lethal.”
Being a black or brown person in Europe means being confronted from a young age with teachings that paint colonialism as a worthy enterprise. It means you’re more likely to live in poorer, heavily policed neighborhoods. It means your job applications will often go unanswered and you will have a hard time renting property or buying a house.
You’ll have seen people black up their faces and dress up as Zwarte Piet every year in early December. You’ll have watched far-right parties rise in the polls on openly racist platforms and loose language comparing migrants to vermin. You’ll have seen footage of football fans throwing banana skins at black players. And you’ll have seen politicians, most of whom do not look like you, stay silent.”
“It would be “wiser…not to keep open the sores of war,” said the former Confederate general Robert E. Lee in 1869, “but to follow the examples of those nations who endeavored to obliterate the marks of civil strife, to commit to oblivion the feelings engendered.” Lee wrote those remarks as he rejected an invitation to enshrine Confederate memorials for fallen soldiers.”
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“the erstwhile general may finally be getting his wish. In the wake of protests across the country, set in motion after a Minneapolis cop killed George Floyd, an unarmed black man, numerous communities have seen a reinvigorated push to remove local homages to Confederate soldiers—the likes of which amount to little more than grand participation trophies that celebrate the most racially fraught time in U.S. history
There’s a rich irony to the fact that Lee, who recognized the ill-conceived nature of the idea, would become the unwitting mascot for those who support those memorials.”
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“Supporters of Confederate monuments often argue that the stone exaltations preserve heritage. Memorials inherently celebrate a particular time and place—it’s right there in the name. But what good does it do if the heritage preserved and celebrated is an inherently racist one?
The bulk of these Confederate memorials were erected between 1900-1930 during the era of Jim Crow, long after the Civil War’s conclusion. Behind their enshrinement was the very same racial animus that the country is currently attempting to grapple with. The 1924 reception for Lee’s statue provides an adequate anecdote. As I’ve written previously:
Over in Charlottesville, the Ku Klux Klan commemorated the May 21 unveiling of Lee’s statue with a public cross burning on May 16 and a two-hour parade on May 18 attended by “thousands,” according to archives from The Daily Progress, the Charlottesville newspaper that’s been publishing since 1892. The throngs of people “equaled those usually seen here to witness the parade of the large circuses,” the paper wrote. “The march of the white-robed figures was impressive, and directed attention to the presence of the organization in the community.”
That wasn’t the exception but rather the rule. In Chapel Hill, North Carolina, the industrialist Julian Carr introduced the now-toppled Silent Sam statue in 1913 with a speech on the merits of preserving white supremacy. “One hundred yards from where we stand,” he noted, “less than 90 days perhaps after my return from Appomattox, I horse-whipped a negro wench, until her skirts hung in shreds.” New Orleans’ 1911 celebration of the monument of Confederate President Jefferson Davis—a fierce defender of slavery—had a Stars and Bars formation singing “Dixie” at a ‘Whites Only’ ceremony. The list goes on.”
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“that heritage incontrovertibly hinges on a legacy of slavery and racial terrorism, whether some like to admit it or not. Those who fought for the Confederacy should never be forgotten—but put them in a museum, keep them in the history books, and so on. Don’t give them a reception fit only for history’s best heroes.”
“Watching things like that should help me sympathize with the people rioting last night.
So should my friend Fabian’s experience. When Fabian was 20, he bought his first car, a luxury edition Infiniti J30 Sedan. He’d saved up for it working as an airplane technician, transporting U.S. soldiers to war zones around the world.
Then, while pumping gas back in NYC, police officers approached him, demanding his license and registration.
He produced the documents and showed them that the car was registered in his name. But Fabian is black, and the police would not believe that the car belonged to him. They arrested him and charged him with grand theft auto.
He sat in jail for two days.
Finally, a judge dismissed the case—using the same documentation Fabian had showed the police. They released him—without any apology.
The trauma still haunts him. Fabian says it evokes a sense of helplessness—a fear that “anytime there’s an encounter with law enforcement, getting arrested or even death could be the outcome.”
Yet, as I watch protesters (even two lawyers were arrested) throwing Molotov cocktails at police officers, and I see opportunistic young people looting stores, and my privileged left-wing white friends say things like, “the looting of our society by unrestrained capitalism is worse!” I get even more furious.
This country, and capitalism, has done more good things for disadvantaged people of all races than any society, ever.
Fabian, despite his terrible experience, says that living as a black man in America is a gift. He came here as a teen from Jamaica. America, he says, gave him opportunity he would never have had elsewhere.
Now, he’s a capitalist who owns things.”
“1. In San Diego: No more “carotid restraints.” Police in San Diego are permitted to use a type of neck hold that cuts off blood to the brain and quickly renders people unconscious. Officers used these holds 70 times in 2019, according to the San Diego Union-Tribune.
Yesterday, San Diego Police Chief David Nisleit ordered a stop to their use, given the potential for harm.”
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“2. In New York City: Standardize police discipline and ban police chokeholds. In New York City, where police unions are powerful and Mayor Bill de Blasio is so weak that it took five years just to fire the NYPD officer who killed Eric Garner, it will likely take the city council to actually force changes.
After Garner’s death from a chokehold in 2014, a New York City council member introduced a measure that would criminalize the use of choke holds by police. De Blasio responded by threatening a veto. Now de Blasio says he’d approve the measure so long as it provides an exception if the officer is in a “life or death situation.”
In addition, another council member is proposing a “disciplinary matrix” to create a standard of discipline when officers engage in misconduct. Council Member Donavan Richards told NY1, “There is no written instruction on what a disciplinary action should be if an officer commits an infraction. This will set an example.””
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“3. In Colorado: Require police to intervene when fellow officers act out. Police unions are often quick to run to the defense of officers when they’re accused of misconduct. But when Minneapolis Police Officer Derek Chauvin was caught on video kneeling on Floyd’s neck for more than eight minutes, many unions made it clear they found Chauvin’s conduct indefensible.
In Colorado, three law enforcement groups—the County Sheriffs of Colorado, the Colorado Fraternal Order of Police, and the Colorado Association of Chiefs of Police—put out a joint statement Tuesday calling for state lawmakers to require that other officers intervene when they see something like what happened to Floyd.
The groups note that it’s already a duty for officers to intervene when he or she witnesses a fellow officer engaged in unreasonable force. They’re asking for state lawmakers to make it a statutory requirement, leaving officers who don’t intervene (like the three cops who stood by while Chauvin slowly suffocated Floyd) possibly facing criminal charges.”
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“4. In New Jersey: Launch a statewide use-of-force database. One of the challenges when fighting for reform is the general lack of data about how frequently police use force, under what circumstances, and what the justifications were. Heck, simply tracking who police officers kill in the line of duty is not easy, and efforts by the FBI to track that information nationally have been woefully inadequate.
In New Jersey, data journalists at NJ Advance Media put together their own database of use-of-force incidents within the state covering five years and collating more than 70,000 documents. There was no other statewide collection of use-of-force data and little analysis. After the NJ Advance Media “Force Report” database was released in 2018, state officials started a pilot project to launch an official government database to track the use of force in selected police departments. On Tuesday, New Jersey Attorney General Gurbir Grewal said that starting on July 1, all police departments in the state will be able to participate.”
https://www.vox.com/2020/6/10/21286426/can-asymptomatic-people-spread-coronavirus-who-transmission
“Arizona is one of 12 states seeing a rise in hospitalizations from Covid-19 and one of eight states that experts say are the new hot spots for the virus. The relatively fast rise in new cases in Arizona makes it one of the most concerning outbreaks because its health care system could soon be overwhelmed. Hospital capacity was at 83 percent as of Tuesday, the Associated Press reported.
It’s not entirely clear what’s driving the rise in new cases, but on May 15 Arizona Gov. Doug Ducey lifted the stay-at-home order enacted on March 31. The state’s reopening is guided by an executive order that “allows businesses to gradually and safely open in compliance with federal guidelines as the state continues to mitigate and prevent the spread of Covid-19.””
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“the state issued protocols for public health measures like physical distancing, hygiene, and wearing masks, the executive order didn’t provide a way to enforce them or to ensure compliance. (Many experts believe masks should be mandatory in crowded public spaces to reduce transmission, and several other states have made them so.)
“They were ‘recommendations’ instead of ‘requirements,’” said Will Humble, executive director of the Arizona Public Health Association and the former director of the ADHS.
Three weeks later, infections are spiking.
“If you do a root cause analysis of what’s going on and what’s wrong, it’s that word [recommendations],” said Humble.”
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“Meanwhile, countries like Italy that have lifted their restrictions have not seen a resurgence of the virus. Experts aren’t sure why. It may be due to changes in habits and hygiene that have stuck. The difference in outcomes highlights the importance of early action and vigilance. States like Arizona meanwhile are launching a real-world experiment, and an extremely risky one at that.”
“While it is true that the majority of drugs Americans consume are imported, just 13 percent of the facilities certified by the FDA to make drugs for the United States are located in China. Last year, less than 1 percent of the finished drugs imported into the United States came from China—compared to 23 percent from Ireland.”
“In 2018, as a gunman murdered 17 students at Marjory Stoneman Douglas High School in Parkland, Florida, Sgt. Brian Miller, a sheriff’s deputy with the Broward County Sheriff’s Office, hid behind his police cruiser, waiting 10 minutes to radio for help. For his failure to act, Miller was fired. The official cause was “neglect of duty.”
Last month, however, Miller was not only reinstated but given full back pay. His 2017 salary was more than $138,000. Miller had challenged his firing, and, as The Miami Herald reports, he had done so with the full backing of his union.”
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“This is what police unions do: defend the narrow interests of police at the expense of public safety. They exist to demand that taxpayers pay for dangerous, and even deadly, negligence. And although they are not the only pathology that affects American policing, they are a key internal influence on police culture, a locus of resistance to improvements designed to reduce police violence. To stop bad cops and police abuse, we must tackle police unions.
In case after case, police unions have defended deadly misdeeds committed by law enforcement. In 2014, for example, New York City police officer Daniel Pantaleo put Eric Garner in a chokehold for selling loose cigarettes. As a result of Pantaleo’s chokehold, Garner died. Garner’s last words were, “I can’t breathe.”
The incident, caught on video, helped galvanize the Black Lives Matter movement. A grand jury declined to indict Pantaleo, but five years after Garner’s death, he was fired from the force following a police administrative judge’s ruling that the chokehold was, indeed, a violation of department policy.
Pantaleo had violated his police department’s policy in a way that resulted in the death of a man who was committing the most minor of offenses. Yet when he was finally fired, Patrick Lynch, the president of the Police Benevolent Association, Pantaleo’s union, criticized the city for giving in to “anti-police extremists” and warned that such decisions threatened the ability of city police to do their jobs. “We are urging all New York City police officers to proceed with the utmost caution in this new reality, in which they may be deemed ‘reckless’ just for doing their job,” Lynch said.”
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“Forthcoming research out of the University of Victoria’s economics department finds that the introduction of collective bargaining produces somewhat higher compensation for police officers. It does not correlate with a reduction in total crime—but it does eventually correlate with higher numbers of killings by police, especially of minorities.
In other words, the research finds about what you’d expect given a public sector workforce with unions set up to protect police officer compensation while limiting discipline and oversight. Police get paid more, yet the public is no safer—and it’s even at greater risk of violence by police.”
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“consider the case of Camden, New Jersey. For decades, the city was among the most violent in the country, plagued by one of America’s highest murder rates and commensurate levels of property crime. In 2012, with the murder rate approaching record highs, The New York Times reported, police acknowledged “that they have all but ceded these streets to crime.” City officials said the police union was to blame. Union contracts made hiring officers prohibitively expensive. The cops on the payroll were being paid too much and they weren’t getting the job done.
So the city made a novel decision: Fire the police. All of them.
That year, Camden began the process of terminating hundreds of officers and hiring a new force initially made up of less expensive, non-union labor, controlled by the county.
It was a decision meant to address both budget and crime problems. Naturally, the police union opposed the plan, saying it was “definitely a form of union-busting.” City officials, the union said, were relying on a reform that was “unproven and untested,” putting faith in an agency that did not yet exist.
By many measures, however, the unproven and untested new police force worked. After disbanding the city police and reorganizing under the county with lower pay, plus adding focus on rebuilding trust with the community (which is among the nation’s poorest), murders declined. The city is still dangerous compared to some others, but there’s been clear progress in terms of reducing crime and improving community relations. Over the weekend, as residents took to the streets to protest disparate and abusive treatment in black communities, Camden police officers marched with the protesters.”
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“Unions aren’t the only problem plaguing American police forces; there are plenty of other reforms worth pursuing, from demilitarization to ending qualified immunity. But they have consistently proven to be a force of organized resistance to calmer, safer, less aggressive policing”
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“Police are public servants granted enormous power over the citizenry. They are tasked with protecting the public and serving their interests. Police unions, in contrast, are tasked with protecting police and serving their interests—even in direct contravention of serving the public. That distinction makes them a barrier to reforms aimed at improving public safety and increasing oversight of how law enforcement behaves. If union-busting is what it takes to reduce the pernicious influence of today’s police unions on policing, then it’s time to bust some police unions.”
“Keep in mind that the current protests and related riots were sparked by the abusive and murderous actions of police officers who are (allegedly) trained to protect the communities in which they live and the public that they serve. It’s difficult to see how the situation is going to be improved by the addition of troops more often trained to kill people and break things—especially when they’re handed weapons and pointed toward antagonists.
“U.S. soldiers are trained for combat against a foreign enemy, not for riot control against Americans,” the Wall Street Journal editorial page warns. “The risk of mistakes would be high, and Mr. Trump would be blamed for any bloodshed from civilian clashes with troops.”
The Journal editors were recoiling not from Tom Cotton’s eagerness to escalate hostilities against American civilians, but from the president’s similar scheme. Trump, too, has proposed sending in the military to battle rioters, even over local objections.”
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“it’s exactly that history of domination and imposed order, which treats members of the public as an enemy, overcriminalizes a wide variety of conduct, and disproportionately targets minority communities, that led us to this point. Deploying the military to clear the streets might disperse protesters and looters alike in the short term, but it will exacerbate the problem of authoritarian law enforcement. And that guarantees escalating tensions that, if they’re not addressed, will eventually explode into new conflict.”