“Hear now this, O foolish people, and without understanding; which have eyes, and see not; which have ears, and hear not:”
— Jeremiah 5:21, from the King James Version of the Bible.
With the release of the redacted Mueller Report last week by the presidential administration’s stooge at the Department of Justice, Attorney General William Barr, Democrats should finally let go of one of the beliefs they have clung to since Hillary Clinton’s defeat in 2016, namely that the other campaign colluded with the Russians in meddling with the election. Special Counsel Robert Mueller and his team found it was not through lack of trying on the part of Republican campaign officials that collusion did not occur, but due to their bumbling incompetence.
Ms. Clinton is apparently still in denial about her loss in 2016. As we move further away from 2016 and closer to 2020, she becomes increasingly irrelevant unless – please no! – she throws her hat in the ring again. Mainstream Democrats have to get over the loss by first admitting one undeniable fact: The Republican candidate didn’t win the election as much as Ms. Clinton lost it, largely due to the arrogance and hubris that infected her campaign. The Russians didn’t help him win; she lost. The Democratic National Committee didn’t obstruct her progress; far from it, since the Committee colluded with her to obstruct the progress of her rival in the primaries, Vermont Senator Bernie Sanders. Sexism undoubtedly worked against Ms. Clinton, though possibly only among those who weren’t going to vote for her anyway for other reasons.
The Pharisee and the Publican, a painting from between 1886 and 1894 by James Tissot (1836-1902), based on a parable in the Gospel of Luke.
There are many things that would improve elections in this country, among them reforming the system of primaries and abolishing the Electoral College. Those two major improvements are unlikely to happen before 2020. What can and should happen this year and going into 2020 are impeachment proceedings against the president in the House of Representatives. There is enough even in the redacted version of the Mueller Report, as well as in other ongoing investigations, to start impeachment proceedings against this president. While impeachment is an indictment only, and not the entire procedure to eject a president from office, the public proceedings can lay before the public all the president’s misdeeds. If impeachment succeeds, will he be convicted at trial in the Republican controlled Senate? No.
It is important to proceed with impeachment of the president because it is the right thing to do, because the evidence against him mounts every day and the House is therefore obligated by law to proceed, and because no matter what Old Guard Democrats like California Representative Nancy Pelosi and New York Senator Chuck Schumer advise about waiting the president out until November 2020, they are wrong since they underestimate the value of the impeachment proceedings aside from the futility of achieving conviction. The Oval Office Blowhard wants to always make everything about him? Very well, let him have it, with day after day airing of dirty laundry.
One third of the American people are never going to be dissuaded from following this president no matter what comes out in an impeachment. Those people are lost to reason, as the president acknowledged in his notoriously accurate assessment of them when as a candidate he boasted he could shoot somebody in broad daylight and they would let him get away with it. The people who need to have the case against the president laid before them in a way they can’t ignore are the third of the people between the hard core MAGA brigade and the other third of the population, mainstream Democrats.
“Israelites”, a 1968 song by Desmond Dekker & The Aces.
Then see clearly enough to put before the voters a Democratic candidate who generates more widespread enthusiasm than a neoliberal hack such as Hillary Clinton. Give them someone who genuinely speaks for all of them, not just Wall Street while hypocritically mouthing old platitudes about helping the middle and working classes. People don’t want to be sold down the river again, as they were in the Bankers’ Bailouts of 2008 and 2009, and the only ones who could blame them are mainstream, corporatist Democrats who haven’t learned a thing from that time or from the Debacle of 2016.
— Ed.
With this year’s midterm election three weeks away and an enormous amount at stake regarding what sort of country voters want to live in, it’s a safe prediction that turnout will be higher than usual, perhaps at a record level. Midterm elections have historically drawn out only about 40 percent of eligible voters, compared to about 60 percent in presidential election years. There are so many cultural issues at stake in this first national election since 2016 that people are more likely than ever to turn out at the polls despite the relatively good economy, which ordinarily would be a reason for complacency and low turnout.
High voter turnout typically favors Democratic candidates, and that should hold true this year as well, but turnout by Republican voters should be high as well on account of the fires being stoked by their leader in the Oval Office, the Divider-in-Chief. In rally after rally and through draconian policy actions meant to provoke an outraged and, in his view, pearl-clutching response from the opposition, the Republican Party’s national leader inflames his base with culture war issues distorted and amplified through their partisan media outlet, Fox News. Ramming Supreme Court nominee Brett Kavanaugh through the relatively wet noodle opposition on the Senate Judiciary Committee served the Divider-in-Chief’s purposes admirably, giving him and his base a win in the culture wars against liberals. Whether Mr. Kavanaugh’s service on the Court will improve the rule of law in this country, or even respect it, is besides the point as far as they are concerned.
Map of Voter ID laws in the United States, Strict vs Non-Strict (November 2016).
Red ——– Photo ID required (Strict)
Orange —- Photo ID requested (Non-strict)
Dark Blue – Non-photo ID required (Strict)
Light Blue – Non-photo ID requested (Non-strict)
Gray ——- No ID required to vote
This map may not be up to date. Check with your local registrar if you are unsure. Map by Peterljr888.
With the Republicans fired up and their unofficial paramilitary offshoots among white supremacist organizations feeling emboldened by Supreme Leader and by the police, it’s also a fair prediction that voter intimidation efforts at the polls by those groups will be higher than ever this year. Supreme Leader has signaled numerous times to the lunatic fringe of the alt-right that he has their backs, and the police have done the same by standing by passively while white supremacist groups have rioted and dealt violence to counter protesters, most prominently in Charlottesville, Virginia, in August 2017, and again recently at altercations in Portland, Oregon, and in New York City.
If voters are intimidated at polling places this year by over zealous followers of Supreme Leader, it is perhaps not advisable to rely on reporting the matter to local police employees. It is probably better to follow the guidelines of the American Civil Liberties Union (ACLU) and call the Election Protection Hotline at 866-OUR-VOTE, or the Department of Justice Voting Rights Hotline at 800-253-3931. The ACLU also advises contacting an attorney, but as that can add up to a lot of expense, it helps to realize the Election Protection Hotline is run by the Lawyers’ Committee for Civil Rights Under Law and can help with legal questions pro bono. Now that everyone in the country has had two years to observe where the Divider-in-Chief and his cohort want to take the country, to unsavory places where the rule of law is not respected and where only the rich benefit from the nation’s wealth, it has never been more clear how much voting can make a difference in the sort of country we claim to be than in this year’s midterm election. Vote!
— Ed.
“If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary.”
― from The Federalist Papers, No. 51, by James Madison.
United States Attorney General Jeff Sessions is a fan of civil asset forfeiture, and last year he reinstated the federal partnership with state and local authorities that had been ended by the previous Attorney General, Eric Holder. That partnership allows state and local police to share seized assets with federal authorities if they claim even the flimsiest trespass on federal law by the forfeited assets (in a pretzel-like twist of legal reasoning, it is the assets themselves that are accused, not the person or persons who own them). Engaging the federal government in this way allows state and local police to bypass their civil asset forfeiture laws because they are superseded by federal laws, which are often more favorable to the police. The feds then give the state and local cops a kickback of all or part of the proceeds. This is called “equitable sharing” or, more cutely, “federal adoption”.
Getting pulled over for a minor traffic violation while carrying a large amount of cash can lead to a nightmare civil asset forfeiture scenario for the driver, regardless of the legitimacy of his or her claim to the cash. Only the rich can afford to fight city hall in court. Photo by photoo.uk.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
― The Fifth Amendment to the United States Constitution, with the due process clause.
It’s hard to imagine how the law can be more clear than this: ” . . . nor be deprived of life, liberty, or property, without due process of law . . . ” To be doubly sure, there is another due process clause in the 14th Amendment. Yet here we are, with police abusing the citizenry by stealing from them, sometimes without even a formal charge filed, but only on mere suspicion of a crime having been committed with the asset or assets, and keeping the proceeds in order to augment their budget. There are slight differences in the law from state to state, but in many states the police are allowed to keep seized assets, which also clearly violates the last clause of the Fifth Amendment, the takings clause. It’s impossible to imagine a more blatant case of conflict of interest, adding insult to the injury of the initial seizure.
In a civil asset forfeiture case, the burden of proof is often on the citizen whose assets were seized, not the authorities who took them. In order to retrieve seized assets, a citizen must prove they were not used in the commission of a crime or are a result of criminal activity, and this proof must be forthcoming even when the police have not filed a charge in court. Apparently the only thing to prevent the police from more flagrantly abusing the civil asset forfeiture laws more than they do is the basic decency and good character of the majority of them. But men are not angels, as James Madison wisely observed, and to allow these laws to remain on the books is to invite corruption of the police and further erosion of public trust in government.
Cash found in a freezer at the Washington, D.C. home of Congressman William J. Jefferson of Louisiana. This photo was entered as evidence in July 2009 showing what was seized in August 2005 from the freezer of the home of then Rep. William Jefferson, D-New Orleans. Jurors in the trial of Jefferson, who lost his re-election bid in 2008 while under indictment for bribery, saw photos of the infamous frozen cash. It was wrapped in $10,000 increments and concealed in boxes of Pillsbury pie crust and Boca burgers. Photo by the U.S. Attorney’s Office.
A flagrant case of abuse occurred last year in Jeff Sessions’s home state of Alabama, in the small town of Castleberry in the south central part of the state. To generate revenue for his little town, the mayor hatched a plan for taking advantage of Alabama’s very favorable civil asset forfeiture laws by confiscating cash and property from citizens and visitors alike, but especially out of state visitors, often using entirely invented suspicions. The police chief made no bones about it on public forums, where he joked about how the bogus money grabbing had been a windfall for the town of Castleberry and its nascent police department, now flush with fancy new equipment and patrol cars. Eventually bad publicity caught up with the mayor and police chief of Castleberry, and they were hit with a lawsuit. On a national scale, what happened in Castleberry doesn’t amount to much other than a clear distillation of everything wrong with civil asset forfeiture.
Attorney General Sessions, waving the bloody shirt of the War on Drugs, nevertheless wants to continue civil asset forfeiture and expand it, if he can get away with it. His motivations are unimportant other than how they forecast all the draconian policies he’s likely to see through while he is in charge of the Department of Justice. The important thing is that he has opened up one of the very few issues that attracts a bipartisan consensus in Congress, and that has been for less civil asset forfeiture, not more.
Highway robbery in Stanley Kubrick’s 1975 film Barry Lyndon, with Ryan O’Neal as Redmond Barry. Under America’s civil asset forfeiture laws, the gold guineas in Barry’s purse, and the horse he rode in on, could be forfeited to the robbers, or police. The strange history of this policy of official stealing from the innocent and the guilty alike also matters little, except perhaps to those appellate court judges who fall back on referring to obscure precedents of legal reasoning as convoluted and ultimately irrelevant as the debates of clerics who wondered how many angels might dance on the head of a pin. Congress can take this matter away from both Sessions and the judges by enacting legislation rolling it back. Really it should be swept away entirely, along with the War on Drugs it purportedly assists, as failed policies which have corrupted the police and eroded public trust every bit as much and in the same way as Prohibition did in the early decades of the twentieth century, when civil asset forfeiture first became a major police tactic. It seems we never learn lessons once and for all, but have to forever relearn them.
― Ed.
Last Friday the Justice Department released their report on abuses committed by the Chicago police. At a news conference held by US Attorney General Loretta Lynch, Chicago Mayor Rahm “#%*@!” Emanuel, and Chicago Police Superintendent Eddie Johnson, Emanuel said he found the report “sobering.” Are we to infer from his remark that he was smashed out of his gourd when he allegedly colluded with the Chicago Police Department to suppress the dashcam video of the 2014 Laquan McDonald shooting while he sought re-election in 2015?
Police brutality has never been a secret to poor and minority communities in this country. A few things have changed in the last generation, however, to bring that brutality up front where the larger community can no longer ignore it. Foremost is the prevalence of cell phone cameras which allow citizens to document abuse as it happens. While the existence of photographic evidence seems to have had little effect in seeing that abusive police actually get jail time, it has had the effect of waking up the populace to the abuse.
Secondly is the “Us vs. Them” culture which has taken hold in police departments across the country. Police often behave now as if they are soldiers in an occupying army rather than civil servants pledged to “Protect and Serve” their fellow citizens. They shoot first and ask questions later, if at all, and do so with impunity because they know their union and the rest of the police department “has their back.” The local district attorney will file charges and investigate police brutality with reluctance because he or she needs the daily cooperation of the police in resolving other cases on the docket.
Infamously foul-mouthed Chicago Mayor Rahm Emanuel
A third and often overlooked factor is steroid use by some cops. Steroids can lead to hostility, hyper-aggressiveness, and poor judgment, all of which are prominent factors in police abusing their authority. Instead of defusing a situation, a cop on steroids is just as likely to escalate it by being confrontational and by issuing impatient demands for a suspect to obey orders, however irrational and impetuous.
There are ways to confront and remedy at least some police misconduct other than the standard police department method of placing an officer on administrative leave – a paid vacation – while they conduct an internal investigation until they hope everything blows over and everyone has forgotten about the incident in question, at which point the officer and the department can return to business as usual. It is police culture that is at the root of the problem, and until we address that, we should understand that adjudicating individual incidents of police brutality is merely playing at whack-a-mole. Along with Mayor Rahm “&+#!!” Emanuel, we need to sober up and hold cops accountable if we expect them to behave with accountability. Every good parent understands this principle.
― Ed.
In May of 2016, Department of Justice officials wrote a memorandum seeking a warrant to search a Lancaster, California, premises and to force the occupants to unlock any phones or electronic devices with their fingerprints if the devices were equipped with that technology. This amounted to a fishing expedition to circumvent previous court rulings which held that law enforcement could not compel a criminal suspect to unlock an electronic device with their pass code because that would be a violation of the Fifth Amendment protection against self incrimination. It is unclear whether the DoJ ultimately received the warrant they sought because not all documents related to the case are publicly available.
“Creation of Adam,” by Michelangelo
Why is compelling a suspect to unlock a device with their fingerprint also not a violation of the Fifth Amendment? Because of a 2014 ruling in a Virginia Circuit Court which stated that fingerprints and other bodily attributes are not protected, while handing over a pass code to law enforcement is divulging of information, which is protected. Law enforcement has long been able to use a suspect’s physical characteristics to incriminate him or her, but has not been allowed to compel a suspect to give up information. The problem now is that technology has leaped ahead of current law, and judges and prosecutors are falling back on anachronistic case law to cope with the use of biometrics like fingerprints and iris scans to lock personal electronic devices. Case law going back one hundred years and more treats fingerprints as a way of determining a suspect’s culpability at a crime scene, not as a key to a suspect’s possessions which may or may not contain evidence. It is obtuse to claim that a fingerprint or any other biometric is not the same as a pass code when it is being used for the same purpose.
“All seeing eye,” from U.S. currency
The use of biometrics is springing up not only in consumer devices, but in technology used by the military and law enforcement. The 2002 film, Minority Report, depicts a dystopian future when law enforcement and advertisers make great use of biometrics, and those predictions are proving more accurate with each passing year. The Department of Justice already uses facial recognition technology for surveillance of people in public spaces, and as we have seen with the National Security Agency, the ability of modern digital storage to accumulate massive amounts of data encourages the practice of scooping up everything indiscriminately. Like a fishing trawler using a drift net, law enforcement intends to collect everything now, store it, and sort it all out later. They think they are being efficient and better safe than sorry. But people are not fish subject to by-catch, which ought to be obvious enough, and to be sure the Fourth and Fifth Amendments to the Constitution make the distinction clear.
– Techly
Randolph County, Georgia, Veterans Memorial Park Bill of Rights marker; photo by Michael Rivera
