Im-Politic: A Bad Week in Court…for the Race-Mongers

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African Americans, Ahmaud Arbery, Andrew Coffee, anti-semitism, Charlottesville, citizens arrest, criminal justice, Florida, fugitive slave laws, Georgia, Im-Politic, Kenosha, Kyle Rittenhouse, racism, self-defense, systemic racism, Unite the Right, vigilantism, white supremacists

It’s been a very bad week for those Americans (and others) convinced that their country’s entire society, and especially its criminal justice system, remain so thoroughly infected with racism that nothing less than multiple amputations and lobotomies are required.

As a result, it’s been a very good week for those Americans (and others) trying to grapple rigorously with the racism that has historically stained that criminal justice system and larger society, culture, and economy, and with its lingering effects in all their complexity.

For this time period has seen no fewer than three race-infused trials conclude with verdicts that thoroughly debunk claims of bigotry racism in that justice system so pervasive as to be systemic.

The first and most publicized resulted in murder convictions for three white Georgians who killed an African American man jogging through a neighborhood in the southeastern corner of the state. The trio of whites blamed their attack on Ahmaud Arbery on his resistance to their attempts to carry out a citizen’s arrest prompted by suspicions of his involvement in several local burglaries.

But the nearly all-white jury ultimately agreed with the prosecutor’s observation that the attackers’ actions were utterly illegal vigilantism even by the recklessly indulgent standards of a state law that, like many counterparts, is rooted in a history of genuinely shameful fugitive slave statutes – and that was repealed this past May. For none of the defendants saw Arbery engage even in any dodgy act, and possessed no evidence of his possible guilt.

Arbery’s family and others argued that the killing took much too long to be investigated, and their charges of attempted cover-up by some local officials seems to have been vindicated by the eventual decisions of area prosecutors and judges to recuse themselves from the trial. So there’s a strong case to be made that justice was delayed. But in this instance, it’s clear that it wasn’t denied.

The second trial attracted less attention, but appears no less important. This past Tuesday, more than a dozen white racist and anti-semitic leaders and their organizations, which organized the tumultuous 2017 “Unite the Right” rally in Charlottesville, Virginia, that claimed one life, were found guilty of breaking state law by conspiring to intimidate, harass, or harm counter-protestors and local residents. The verdict by the majority white jury awarded the plaintiffs $26 million in compensatory and punitive damages, and the defendants are almost certain to be tried on the federal charges (of conspiring to commit racially motivated violence) on which the jury failed to reach a decision.

The third trial has received almost no national attention, but is especially interesting given widespread arguments that acquitted Kenosha, Wisconsin shooter Kyle Rittenhouse would have been found guilty of some form of homicide had he been black. (See, e.g., here and here.) This third trial is especially interesting because the verdict actually did acquit on self-defense charges an African American who killed an intruder into his home and attempted to slay another. Special bonus: The two intruders were cops.

The defendant, Andrew Coffee IV, didn’t get off scot free. The Vero Beach, Florida jurors found him guilty of illegally possessing a firearm. (He was found guilty of felony battery and evading arrest in 2013.) But his position that he didn’t realize that the intruders were law enforcement officers, and didn’t hear the SWAT team in question so identify itself, carried the day on the main charge. And here’s a fun fact – Coffee’s acquittal came the same day as Rittenhouse’s.

As noted above, these results don’t mean that African Americans have never gotten horrifically raw deals from the American criminal justice system, or even that no such injustices take place today. (I’ve written about the latter issue, e.g., here.) But these three verdicts – which all came in states belonging to the old Confederacy – cannot possibly have taken place in a country still determined to suppress the rights of blacks (and other minorities). Instead, they took place in a country where, as noted by an African American lawyer quoted here, such outcomes are possible, if not yet often enough, in the first place – and always have been.

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Im-Politic: So You’re Outraged by Trump’s Reported –hole Remarks?

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amnesty, Barack Obama, chain migration, Charlottesville, DACA, Deferred Action for Childhood Arrivals, Dick Durbin, Gang of Six, illegal immigration, Im-Politic, Immigration, Open Borders, racism, Trump, visa lottery

Although it’s anything but clear that President Trump made the profane comments attributed to him at a recent meeting on immigration reform with several members of Congress, it’s also anything but outrageous that a reporter would ask him afterwards, “Are you a racist?” His performance after the Charlottesville protests last August alone are grounds for legitimate concern.

But are the alleged Trump comments (which only one participant in the meeting – Open Borders supporter Dick Durbin, a Democratic Senator from Illinois – has “confirmed”) the only outrageous set of remarks or positions characterizing the immigration policy debate specifically since it entered its current phase in the mid-2000s? Not on your life. In fact, here are some questions I wish journalists would ask Durbin and the rest of the pro-amnesty crowd.

>”Are you an adult?” That’s a question that’s justified by the abject refusal of those blanketly opposing all efforts to establish some form of effective controls on immigration flows to inform the rest of us just how many newcomers they believe the nation can safely absorb, and over what period of time. Their apparent belief that the answers are “an infinite number” and “as quickly as possible” can’t accurately be described as anything but childish.

>”Do you have a working brain?” The president’s critics have never acknowledged the reality that any sizable version of amnesty – as Open Borders enthusiasts in both major political parties are still pushing in the current negotiations over illegal immigrants originally brought to the United States as children – is going to strengthen greatly the magnet that encourages populations from all over the world to take whatever steps are needed to enter the country illegally?

It happened after passage of the ballyhooed amnesty-centered immigration reform legislation of 1986. And it happened after former President Obama in mid-2012 announced his decision to postpone deportation for many of the aforementioned illegal immigrant children via his Deferred Action for Childhood Arrivals (DACA) decision. And why wouldn’t it? If Washington announces that nothing will be done to remove illegal immigrants once they’ve arrived, why wouldn’t they keep trying to come?

>”Are you completely cynical?” President Trump gave Congress more leeway than ever (mistakenly, in my view) to come up compromise immigration legislation. His unmistakable and entirely reasonable assumption was that the group of lawmakers he convened last Tuesday would come up with a proposal that would make permanent the protections currently enjoyed by most of the aforementioned childhood arrivals in exchange for (a) significantly strengthened border security measures; (b) ending the “chain migration” feature of current U.S. immigration policy, which has supercharged the entry of newcomers who have little or no prospect of contributing to the economy; and (c) ending the equally doofy visa lottery, which seeks to increase immigration inflows from certain countries simply because they have been deemed inadequate.

What was the initial response – from a self-appointed task force of Democratic and Republican legislators called “the Gang of Six”? Amnesty not only for DACA recipients but for those denied its benefits by the Obama program, and for the parents of most of this entire cohort; threadbare funding for border security; a shell game stunt that leaves the chain migration system fundamentally intact; and a visa lottery proposal that was just as fake.

So I’ll close by repeating a point I’ve made ever since Mr. Trump made his formal debut in presidential politics in late 2015: If his opponents really wanted to send him and his often objectionable style packing – or now that he’s in the White House, to neuter his effectiveness – they’d spend much more time and energy coming up with realistic solutions to the legitimate complaints voiced by him and his supporters than they spend on fulminating about his latest outrages.

Their failure to process that lesson helped fuel the President’s 2016 victory, and their responses to the alleged – hole remarks shows that their learning curve remains entirely too shallow.

Im-Politic: Latest Charlottesville Polls Suggest a U.S. Race Relations Muddle

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ABC News, CBS News, Charlottesville, Confederate monuments, Harris, Harvard University, Huffington Post, Im-Politic, Marist University, Mark Penn, Morning Consult, NPR, Politic, polls, race relations, The Hill, Trump, Washington Post, white nationalists, white supremacists

Keeping in mind how flawed they are, and keeping in mind that the wording of their questions matters a lot, several polls are now in (out?) on the intertwined issues of what to do about the nation’s various (and variegated!) Confederate monuments, and how Americans viewed President Trump’s response to the recent Charlottesville, Virginia “Unite the Right” rally, the counter-protests it attracted, and the violence that resulted – which of course produced the death of counter-protester Heather Heyer. The findings seem pretty clear, if somewhat challenging to explain: Most Americans don’t want the statues etc, removed from public spaces, but at the same time, most Americans disapproved of Mr. Trump’s response to the controversy – which included a defense of keeping the monuments in place.

Huffington Post, a news outlet I rarely cite, just performed a useful service by compiling the results of seven surveys on the Confederate monuments question conducted this month by six organizations. In five of the seven (including the NPR-Marist poll I wrote about last Friday), majorities backed keeping the monuments exactly where they are. In one of the outliers, this position was backed by a big plurality (49 percent).

The only survey showing a widespread desire for change found that by a wide 58 percent to 26 percent margin, respondents supported “relocating monuments honoring the Confederacy from government property and moving them to museums or other historic sites where they can be viewed in proper historical context.” Unless it’s assumed that “proper historical context” would portray the Confederate cause in an overall less-than-flattering light, even this arguably moderate viewpoint doesn’t exactly demonstrate that most Americans view its links to slavery and treason as especially troubling. Which of course I find especially troubling.

It’s possible to explain how these opinions dovetail with the negative reviews drawn by the president’s Charlottesville-related words and deeds, but it’s anything but easy, as I’ll elaborate on in a moment. But first the actual findings.

The earliest survey on the matter yielded results that could be seen as ambiguous. It was the NPR-Marist poll, and it showed that by 51 percent to 31 percent, the public viewed the Trump “response to the violence in Charlottesville” was “not strong enough” (as opposed to being “strong enough). This poll, remember, came out on August 17, and was only asking respondents about the president’s remarks as of Monday, August 14 and Tuesday, August 15 – before his late Tuesday afternoon press conference, when he made much more controversial comments. So it wasn’t entirely clear of whom Mr. Trump should have spoken more “strongly” – if any group or individual.

Subsequent polls, however, have made clear that most Americans believe that the racial issues as well as that Trump performance lay at the heart of their criticisms. The first clue came in a CBS News poll that was released on Thursday, the 17^th. According to the pollsters, a strong majority disapproved of “Trump’s response to Charlottesville” attack and that “Disapproval of the president’s handling of events rose [in interviews conducted] following the [Tuesday] press conference.” Indeed, those interviewed by CBS Tuesday and Wednesday frowned on Mr. Trump’s remarks by a 58 percent to 33 percent margin. The Monday interviewees disapproved by a 52 percent to 35 percent margin.

On August 21, the Washington Post reported that a poll it conducted with ABC News found that that Mr. Trump’s Charlottesville comments earned a failing grade from Americans by a two-to-one ration (56 percent versus 28 percent). And three days later, a survey conducted by Harvard University and the Harris polling firm found that 57 percent of respondents viewed the Trump remarks as a missed opportunity to bring the country together, and 57 percent believed he should do more to promote racial unity. (And in case you’re wondering, 59 percent agreed that the President should be doing more in this respect.)

Moreover a similar Harris finding – that the Trump comments did more to divide the country than to unite it – was supported by data both from the CBS News poll and a separate Politico/Morning Consult survey released on August 23). 

Nevertheless, these polls all presented results that raise important questions as to exactly how their Charlottesville-related views are or aren’t influencing Americans’ views on race relations above and beyond the Confederate monuments controversy.

For example, despite the stated desire both for better race relations and for a greater presidential effort to bring them about, and even though Mr. Trump’s comments on Charlottesville were broadly unpopular, most of the polling evidence shows agreement with the President’s view that both sides deserve equal blame for the violence in that city. (CBS’ was the only poll I found with contrasting results.) Those two sets of views don’t easily jibe with the great dissatisfaction expressed with Mr. Trump’s comments ostensibly because they weren’t racially sensitive enough.

Moreover, fully nine percent of Americans, according to the Post-ABC poll, said that it is “acceptable” to “hold neo-Nazi or white supremacist views.” Another eight percent were undecided. (The NPR-Marist poll, held before the heated Trump press conference, found support for “white supremacist” and “white nationalist” groups at only half these levels.)

The best explanation I’ve found for these apparent inconsistencies comes from Mark Penn, a well known pollster who helps direct the Harvard-Harris operations. Penn centered on that Trump press conference and contended, “His arguing the point about the violence is a Pyrrhic victory as he still gets the blame for the polarization in the country. The voters are looking for a uniter and he is coming off as a divider.”

I fully agree that Mr. Trump’s big post-Charlottesville problem has been being too argumentative (on top of firing off inconsistent comments seemingly from day to day) and that most Americans want a unifier in the White House. Yet the polls and Penn’s observation leave me less convinced that a critical mass of the country agrees on what it wants this unifying message to be, especially when it comes to race issues.

Im-Politic: Was Some Unpopular Speech Just Banned in Boston?

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Boston, Boston police, Charlottesville, Constitution, free speech, Im-Politic, William Evans

“Banned in Boston” was a term widely used in the late 19^th and early 20^th centuries to describe the city’s habit of censoring books and plays that a powerful and puritanical group of its leading citizens didn’t happen to like. Yesterday, strong evidence emerged that an even more disturbing set of “Banned in Boston” impulses have staged a comeback: a policy of censoring political speech and the city’s police commissioner, and possibly the rest of its political leadership, doesn’t like.

The story begins with a charge made by John Medlar, an organizer of yesterday’s so-called rally held in Boston yesterday avowedly to support the idea of free speech. I only say “so-called” because rally attendance was pathetically low. In any event, Medlar claims that before the event’s scheduled end at 2 PM local time, “supporters were blocked by counter-protesters and by police from getting to their cordoned-off area….” (This phrasing is from a local radio station report.)

More important, later yesterday afternoon, Boston Police Commissioner William Evans was asked to respond. His own words (as quoted by that same local radio station):  “If they [people who want to talk about hate] didn’t get in, that’s a good thing, because their message isn’t what we want to hear.”

There’s definitely some ambiguity here. For example, is Evans saying that he heard that some who wanted to attend the rally just happened to fail to make it through the combination of massed counter-protesters and the heavy police presence stationed in the area to prevent violence (a presence that accomplished this crucial mission far more effectively than its counterpart in Charlottesville, Virginia, the weekend before)? Or is Evans agreeing that the police knowingly prevented rally supporters from reaching the rally site? Obviously, the first possibility would be much more excusable, especially if those wanting to attend the rally failed to make their identities known, than the second.

Yet even if the inevitable confusion surrounding such events was partly or mainly responsible for the inability of some to attend the rally, it’s still justifiable in my view to criticize the Boston police and the orders they may have received. For as I argued last Saturday, free speech can’t truly be protected adequately if protesters or rally-ers can be intimidated from or physically blocked from carrying out their planned activities (provided of course that these activities are peaceful).

As a result, local, state, and/or federal authorities have a legal and Constitutional obligation actively to ensure that these events go on as planned. Otherwise, even the right of unpopular causes to demonstrate despite possible threats their activity might pose to public safety and order (because of disorderly behavior from their opponentsdeeds) can too easily be turned into a hollow right. And this country would take a big step closer to mob rule.

So I propose that the federal government launch a civil rights investigation to find out what actually happened at the Boston Common. Satisfactorily accurate conclusions can’t be drawn based solely on the news coverage, or even on Evans’ statements. But Evans’ own words certainly indicate that his officers and those to whom they report dropped a major free speech ball of some kind here.

Im-Politic: Charlottesville & Trump: A Never-Ending Story?

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American South, anti-semitism, Charlottesville, Confederate monuments, free speech, hate groups, Im-Politic, neo-Nazis, racism, Trump, white supremacists

And so President Trump has stepped in it once again, and guaranteed that, unless something major changes, self-inflicted wounds will become the hallmarks of his presidency.

Of course, I’m talking about his impromptu remarks at yesterday’s press appearance, in which new, explicit denunciations of racist and anti-semitic hate groups were accompanied by descriptions of some of their individual members present in Charlottesville, Virginia as “very fine people” – along with comments that at least could reasonably be read as establishing a moral equivalence between the marchers and those who came to the region to protest their planned rally.

Among the least defensible:

>The contention that the torchlight marchers last Friday night included “people protesting very quietly the taking down the statue of Robert E. Lee”;

>The charge that supporters of removing Confederate memorials are “changing culture” – which closely resembles the specious claim that the memorials were erected to honor the American South’s distinctive “heritage.”

As per the views I expressed on Saturday, I still don’t believe that Mr. Trump is a racist or an anti-semite. I still believe that his behavior mainly reflects a “pathetically mistaken” belief that a big chunk of his largely white, working class base will take offense at overly harsh attacks on bigoted, fringe figures like David Duke and Richard Spencer.

But upon reflection, I’d add that he’s stunningly inarticulate, and terminally – and in many ways childishly – argumentative. And although I’m not concerned that his verbal indiscipline will needlessly spark a war or some other kind of domestic or global crisis, those are worrisome traits in a figure whose every syllable is (understandably) put under a microscope. Nor is much simple common sense visible on the President’s part, or at least not often enough.

After all, how difficult would it have been to draw up sometime over the weekend and deliver on TV a statement along the lines of:

“My fellow Americans [or whatever standard presidential speech introductory wording you like]. I loathe the Charlottesville protesters and everything they represent. The neo-Nazis, the white supremacists and their ilk have deliberately associated themselves with historical atrocities and injustices that are not only appalling. They are uniquely evil in nature. It is indeed infuriating to see them openly displaying their perverse and destructive views in our streets and parks and squares. In fact, I am personally infuriated that they keep invoking my name, and portraying my efforts to reinvigorate the ideal of a practical, healthy nationalism as an endorsement of racism and anti-semitism and xenophobia.

“But we also must remember something crucial about our democratic values – which of course are values that the hate groups’ evil historical idols have tried to destroy. They demand that even loathsome figures and voices enjoy the freedom to exercise their Constitutional speech rights. So in that respect, attempts to disrupt their activities, or the First Amendment freedoms of other unpopular speakers, must be condemned, too.

“Therefore, law-breakers will be prosecuted – whatever their political views and associations.

“But much more important, I hope that the vast majority of Americans angered by the disgraceful Charlottesville marchers and their supporters understand, and take to heart, that the best way to counter, and defeat, the hatred they spew is not by joining them in the gutter and resorting to violence – unless it’s a matter of self-defense. The best way is to expose their sick lies with the power of reason. The best way is to remember our love, compassion, and respect for each other, and take every opportunity to show it. The best way is to strengthen our nation’s unity of spirit. And the best way is to fulfill our sacred duty each and every day to keep our great national experiment in self-government a beacon for all of humanity.”

Now the President is reaping the whirlwind. I have no idea whether this latest uproar will simply blow over (as with the Access Hollywood video episode), or become superseded by another headline news development, or will doom Mr. Trump to a single term, or will erode his political support so drastically that his presidency becomes impossible to continue. What does seem certain is that the prospects of a successful Trump presidency, and especially of promises kept to economically struggling middle class and working class Americans, have taken a body blow, and that something on the order of a dramatic display of executive competence, an equally dramatic display of contrition and/or explanatory eloquence – plus a tidal wave of dumb luck – will be needed for even a partial recovery.

Im-Politic: First Thoughts on Charlottesville

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ACLU, American Civil Liberties Union, anti-semitism, Charlottesville, civil liberties, Civil War, Confederacy, Constitution, David Duke, Founding Fathers, free speech, Im-Politic, neo-Nazis, racism, Robert E. Lee, secession, slavery, treason, Trump, Virginia

It’s as tempting to offer timely thoughts about today’s Charlottesville, Virginia violence and the reactions it’s generated as it is difficult – for new developments keep taking place, and incontrovertible facts are hard to come by. That said, here are what strike me as as points worth making at present.

First, as I’ve previously written, the triggering complaint of the white nationalist/neo-Nazi/confederate revivalist/call-them-what-you-wish protest and the narrowest-gauge cause it represents should be unacceptable to all Americans who truly love their country. Confederate statues and other monuments to the rebellion (e.g., street and high school names) have no place in our national life. And removing them has nothing to do with erasing history. The history of the Civil War must of course be taught in the most intellectually honest way possible. But statues and street names etc are unmistakable efforts to honor and memorialize.

And whether you view the secession as motivated by intertwined racism and slavery issues (where in my view the bulk of the evidence points) or more legitimate federalist and states rights claims, the decision to revolt violently against the federal government was a simple act of treason, which should always be condemned in the harshest possible terms.

Moreover, please don’t respond with observations that the Founding Fathers’ ranks included slave-owners (like Washington and Jefferson) or that many subsequent American leaders were racists (like Woodrow Wilson). For slavery was, tragically, legal under the Constitution until emancipation. And as I’ve written (in the post linked above), most of the historical national figures with inadequate records on race were, first, to great extents products of their time and, second, known for playing many other roles and making many other contributions to the nation and its success.

As for the protesters’ broader supposed grievances about repressed and endangered white rights and even safety, I have no doubt that economic stresses and anxieties are at work in many cases. But feeling the need, or advisability, to fly the Confederate flag or wear the swastika simply signals a form of derangement that our society has rightly decided is beyond the pale politically and morally speaking. So public figures should decry this message and reject any association with those sending them.

Which brings us to the question of the Trump response. It was, as critics have charged, far too weak. What I can’t figure out is the “why”. Is the president a racist? He’s had too many African-American friends and supporters for that charge to stick. He and his advisers and aides also have too often argued for restricting immigration by pointing to the benefits U.S. blacks would reap.

Related anti-semitism make even less sense, given that Mr. Trump’s daughter married an orthodox Jew (who he has anointed as a top White House aide) and then converted herself to Judaism. I know that the “some of my best friends are….” argument can be and has been abused by anti-semites (as well as racists). But insisting that “some of my children and grandkids….” is much harder to dismiss.

The only explanation that makes even some sense to me (meaning of course that I’m not totally convinced) is that the president worries that a substantial part of his (largely white) base either covertly or (much likelier) subconsciously sees itself as racially repressed or marginalized, too, and would suddenly desert him if he went after the David Dukes and Richard Spencers of this country. In other words, Mr. Trump’s troubling words reflect a political calculation, not a shared bigotry.

If so, his position is not only timorous, but pathetically mistaken. Because for every hater he retains by his silence or anodyne words at times like this weekend, he risks losing many more moderates and independents who have no use for the identity-politics obsessed, and therefore intrinsically divisive, Democrats but who are disgusted by overt racists – much less neo-Nazis. In fact, Duke’s tweets today show that this arch-racist and anti-semite is infuriated by the president’s Charlottesville remarks.

More important, the president will earn much more durable support from independents and moderates – especially those who have actually lost economic ground or fear such losses – by keeping the campaign promises he made to restore living wage jobs than by even minimal pandering to prejudice.

Finally, the role of the Charlottesville police and any other law enforcement authorities tasked with handling the protests needs to be scrutinized thoroughly – along with our notions of protesters’ rights. I’m pretty certain that most Americans would agree with the right of Nazis and the like to stage a protest over the treatment of Confederate memorials (or any other reprehensible) cause, and to display symbols that should disgust all people of good will. And of course, these are Constitutionally protected rights.

But I’ve long thought that the right to protest also entails the right of protesters to be protected from those seeking to disrupt their events. In other words, once counter-protesters started physically interfering with the Nazis, the police force present should have stepped in and started making arrests. Even better, they should have taken much more effective measures to keep the counter-protesters physically apart from the protesters, to reduce the odds of violence breaking out to begin with. To my knowledge, law enforcement authorities have never been sued for such failures (not even by the American Civil Liberties Union, which admirably supported the Nazis’ etc right to demonstrate in Charlottesville). I hope the organization will consider bringing such a case in the wake of Charlottesville, if the circumstances merit this action.

For failing to establish protesters’ right to security could easily turn into an open invitation for harassment that could crimp free speech rights yet further. And what would induce the Nazis – and violence-prone lefties – to start licking their chops more eagerly?