FOCUS | No Surprise: No Federal Charges in Eric Garner Case
Thursday, 18 July 2019 10:34
Taibbi writes: "I first started hearing about federal agents in Staten Island about four years ago, roughly a year after the killing of Eric Garner."
Gwen Carr, the mother of Eric Garner, and Reverend Al Sharpton leave the Federal Court House after being informed in a private meeting that prosecutors would not seek charges against the police officer who they believe choked her son to death. (photo: Andrew Lichtenstein/Getty)
No Surprise: No Federal Charges in Eric Garner Case
By Matt Taibbi, Rolling Stone
18 July 19
Trump or no Trump, the writing has long been on the wall in the infamous police brutality case
first started hearing about federal agents in Staten Island about four years ago, roughly a year after the killing of Eric Garner. I was working on a book about the case called I Can’t Breathe. The streets were abuzz with rumors about G-Men showing up in the old Bay Street neighborhood where Garner had been choked to death, in July of 2014, by a New York City policeman.
The New York Times summarized what happened to Garner:
Bystanders filmed the arrest on their cellphones, recording Mr. Garner as he gasped “I can’t breathe,” and his death was one of several fatal encounters between black people and the police that catalyzed the national Black Lives Matter movement.
Through the years, there has been at least some expectation the federal government might step in and pursue civil rights charges in this case. That the FBI was even in Staten Island for a time suggested at least someone thought it was serious enough to investigate. Friends and family members alternated between belief and unbelief that a prosecution was coming.
That all ended this week, when word came by way of the U.S. Attorney in Brooklyn, Richard Donoghue, that charges were not forthcoming. Donoghue made the announcement a day before the fifth anniversary of Garner’s death.
The sub-headline in the New York Times story this week reads, “Five years after… Attorney General William P. Barr ordered the case be dropped.”
This is technically true, but it would be a mistake to cast the news as a re-routing of history by the hated William Barr. The fate of this case was probably sealed when Jeff Sessions became the Attorney General, and maybe before that.
Sessions made changing policy on precisely this kind of federal civil rights investigation a priority from the moment he assumed office. The issue bookended his reign as the nation’s top law enforcement official.
Upon entering office in 2017, he ordered a review of such investigations, saying “it is not the responsibility of the federal government to manage non-federal law enforcement agencies.” Then, on his way out, he signed a memorandum limiting the Justice Department’s ability to enter into consent decrees with local jurisdictions with problem police departments, like Staten Island or Ferguson, Missouri.
Sessions gave senior Justice Department leadership – read, the political appointees – more control over civil rights prosecutions. The Sessions memo also requires that “a consent decree must include a sunset provision” that terminates when the defendant jurisdiction comes into “durable compliance.”
So not just the Garner case, but really all such cases are now, by design, likely to be reviewed even less frequently by the federal government (which already has not filed charges in a death-in-custody case since the Nineties).
In the time people around the case have spent waiting for a decision by the feds, the man who filmed Garner’s death, Ramsey Orta, has been arrested, jailed, allegedly poisoned at Rikers Island, released again, tried, then sentenced to four years, of which he’s served two and a half already (he’s due to be released in December).
Meanwhile Dan Donovan, the District Attorney who famously failed to make the case against police officer Daniel Pantaleo, has had time to run for Congress, win, be re-elected, announce a second re-election campaign, and lose that race to a Democrat.
Garner’s namesake grandson was conceived and born in the time federal agents have been contemplating charges. His daughter Erica tragically died at the age of 27 during that span as well, and a federal case was on her mind at the time of her death. That was two years ago.
My main takeaway from years spent on I Can’t Breathe is that this glacial slowness is built into the system at every level. It’s more powerful than anything written into law, including things like the Sessions memo. The agonizing pace is intentional in the sense that politicians of all stripes, Republican and Democrat, are heavily incentivized to keep kicking decisions into the future.
The closer you are to the day of a gruesome killing like Garner’s, the hotter the public, to the press, even the family gets for action. With each passing day, public outrage wanes, and energy from friends and family and lawyers to keep fighting the various bureaucracies dissipates. People get tired.
Next thing you know, years have passed, and a decision to sweep a case under a rug earns a little mention in page 17. The Internet, its denizens 10 million cat videos removed from the original viral upset, barely hiccups.
This is probably the biggest reason the police brutality issue goes perpetually unaddressed. Inaction is baked into the cake. A bad thing hits the headlines, the officers in question are lightly disciplined, years pass amid talk of federal charges, and finally nothing happens and the cycle repeats.
In 1999, New York police shot Guinean immigrant Amadou Diallo 41 times in a similarly repulsive and inexplicable incident. The unusual wrinkle here was police actually got indicted. They were acquitted of all charges. The federal government then took three years to decide not to sue and impose a consent decree. Outrage subsided until the next case, and the next, and so on.
The Garner case is the ultimate example of this phenomenon. Authorities have cycled through all the different stages of inaction. Even after five long years, the system still cannot decide if it can bring itself to fire an officer with a history of force complaints whose strategy for dealing with a sub-misdemeanor offense (which Garner was not guilty of that day, incidentally) is a chokehold.
If it takes that long to make that basic call, people know nothing will ever be done about more complex issues like poverty, job loss, collapsing schools, etc. And they stop demanding those changes. Which might be the point all along.
Reich writes: "You often hear Trump and Republicans in Congress railing against so-called 'welfare programs' - by which they mean programs that provide health care or safety nets to ordinary Americans."
Robert Reich. (photo: Getty)
How Corporate Welfare Hurts You
By Robert Reich, Robert Reich's Blog
18 July 19
ou often hear Trump and Republicans in Congress railing against so-called “welfare programs” – by which they mean programs that provide health care or safety nets to ordinary Americans.
But you almost never hear them complaining about another form of welfare that lines the pockets of wealthy corporations. We must end corporate welfare. Now.
There are several ways corporations get rich on the taxpayer’s dime. The most obvious comes through subsidies or tax breaks for certain businesses or industries.
An even more insidious example of corporate welfare occurs when corporations don’t pay their workers a living wage. As a result, those workers often have to rely on programs like Medicaid, public housing, food stamps and other safety nets.
Which means you and I and other taxpayers end up subsidizing these low wages so those corporations can enjoy even higher profits for their executives and wealthy investors.
Here’s the bottom-line: When corporations get special handouts from the government, it costs the rest of us. We have to pay more in taxes to make up for these hidden tax breaks, subsidies, and loopholes. In turn, there’s less money for good schools and roads, Medicare and national defense, and everything else we need.
So the next time you hear conservatives railing against welfare handouts for the poor, remind them that we should really be cutting corporate welfare – unnecessary and unwarranted aid for dependent corporations.
Kamala Harris Might Be Surging - but Her Record Will Soon Catch Up With Her
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=49998"><span class="small">Bhaskar Sunkara, Guardian UK</span></a>
Wednesday, 17 July 2019 12:47
Sunkara writes: "Kamala Harris isn't just not leftwing enough to be the Democratic party's nominee, she's also not bold enough to win a presidential election and bring about the change we desperately need."
Sen. Kamala Harris. (photo: Reuters)
Kamala Harris Might Be Surging - but Her Record Will Soon Catch Up With Her
By Bhaskar Sunkara, Guardian UK
17 July 19
A leftward moving party is hungry for change. Just like Joe Biden, Kamala Harris’ past will prove to be a liability
he first pair of Democratic presidential primary debates showed how wide open the field is. Former vice-president Joe Biden came in with a comfortable lead, but stumbled during the debates and has dropped in the polls since.
California senator Kamala Harris emerged the victor after the debate, confronting Biden on his past chummy relations with segregationist senators and vehement opposition to busing policies meant to integrate public schools. According to one poll, she’s now within two points of him.
Joe Biden had a couple things going for him: he was connected to a popular Obama administration and he is still widely perceived as being electable. For stalwart Democratic voters, preventing a second term for Trump and an ever-rightward moving Republican party is a key priority.
Biden might have stood out with his relatively conservative stances on healthcare, the environment, financial regulations and other issues that the Democratic base cared about – but at least he seemed like a safe bet to take on Trump. But now with the former vice-president crumbling under debate pressure and committing a seemingly endless string of gaffes, his electability may now be in question.
The Biden team is constantly talking about “Obama-Biden” accomplishments, trying to inexorably tie him to the first black president’s legacy, but the more people find out about his own record, the more they’re turned off by it. The same will be true of Kamala Harris, a candidate who says all the right things on the debate stage, is surging in the polls, but will soon find out that positive attention may soon turn into negative scrutiny.
Harris is talking about financial industry abuses, but she’s doing fundraisers with a Wells Fargo executive. Though often glibly compared to Obama, Harris’s policy triangulations, donor-base ties, and questionable political past are all reminiscent of Hillary Clinton. Take her stance on what was once seemingly her strongest policy stances. Harris was an initial endorser of Bernie Sanders’s 2017 healthcare bill, which would have set up a Medicare for All, single-payer system. Such a plan would get rid of private insurance middlemen, and improve health outcomes and efficiency across the country. “Let’s eliminate all of that. Let’s move on,” she said at a January town hall.
Discussing her mother’s battle with colon cancer, Harris declared that “healthcare should be a right.”
When candidates were asked during the debate whether they would “abolish private insurance in favor of a government-run plan”, she joined Bernie Sanders in raising her hand. That’s all fine and good, a brave stance that could have been followed up with an explanation telling millions of curious Americans that they can still keep seeing their regular doctors, only in our future universal healthcare system they no longer will have to deal with insurance companies and the accompanying hefty deductible and premium payments.
Instead, she beat a hasty retreat. The morning after the debate, she said she had misunderstood the question and certainly believed the private insurance would continue to play a role providing supplementary coverage. In other words, she would keep around the same companies responsible for our failed healthcare system and allow them to rally their forces to undermine a Medicare for All plan. (Most Americans favor getting rid of private insurance, when told they can keep their doctors.)
It’s no wonder that likely Democratic voters see Bernie Sanders as the best candidate to handle health policy – agree or disagree, he’s consistent, and has been standing firm for single-payer as others vacillate. Why trust newcomers to progressive stances over someone who has been saying the same thing for decades?
Part of Harris’s dilemma must stem from the fact that she sees that her party’s voters are moving leftward, and sees Biden’s centrist vulnerabilities, but is at the same time reliant on far-from-progressive campaign donors. A recent New York Times headline captures the situation well: “Wall Street Donors Are Swooning for Mayor Pete. (And They Like Biden and Harris, Too.)”
Harris is talking about financial industry abuses, but she’s doing fundraisers with a Wells Fargo executive, Miguel Bustos, implicated in the company’s fake accounts scandal. When it comes time to take on big banking interests, is it unreasonable to assume that she’ll be less willing to challenge the sector than, say, Senator Warren?
And let’s not forget about racial justice, an issue Harris expertly used to contest Biden’s record. But what will happen when people start to pay closer attention to her history as California attorney general. Harris can talk about her past as a young black girl who personally benefited from school integration. But what about the young black people she sent to prison for drug violations? What about the poor mothers trying to get by in a society that gives them no support that Harris threatened to jail and fine if their kids didn’t show up on time to school?
Some political evolutions are genuine, and Harris’s “law-and-order” past wasn’t out of place in the Democratic party at the time. But that old wisdom is now being called into question. It’s hard to imagine that a party tacking to the left in an increasingly polarized country is about to elect a criminal prosecutor as its nominee.
For now, Sanders is still among the frontrunners but has some ground to make up. His debate performance was mediocre, and he needs to appeal better to older voters still in the Biden camp. But by having a record that matches his rhetoric and by avoiding monied interests, he’s showing that campaigns can be run on a very different basis than Harris is running hers.
Bernie Sanders raised $24m in the second quarter of 2019. The workers that donated to him the most were teachers. His largest sum came from Walmart workers. That shouldn’t be a surprise – when other candidates were holding lavish fundraisers, Sanders was raising hell at a Walmart shareholder meeting, denouncing the Walton family’s greed and calling for the company to pay a living wage to its employees.
That’s how you break from a stale establishment consensus. That’s how you actually show Americans that you’re different and that you care. That’s the type of angry and earnest politics that can beat President Trump.
Kamala Harris isn’t just not leftwing enough to be the Democratic party’s nominee, she’s also not bold enough to win a presidential election and bring about the change we desperately need.
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=51176"><span class="small">Irma Omerhodzic, EcoWatch</span></a>
Wednesday, 17 July 2019 12:47
Omerhodzic writes: "It's important to remember that one person can make a difference. From teenagers to world-renowned scientists, individuals are inspiring positive shifts around the world."
Greta Thunberg, outside the Swedish parliament. (photo: Wikimedia)
6 Environmentalists Inspiring Climate Action
By Irma Omerhodzic, EcoWatch
17 July 19
t's important to remember that one person can make a difference. From teenagers to world-renowned scientists, individuals are inspiring positive shifts around the world. Maybe you won't become a hard-core activist, but this list of people below can inspire simple ways to kickstart better habits. Here are six people advocating for a better planet.
1. Gail Bradbrook
Molecular biophysicist Gail Bradbrook is the co-founder of Extinction Rebellion (XR). She's been referred to as the "Godmother" of this international environmental movement "that uses non-violent civil disobedience to achieve radical change in order to minimize the risk of human extinction and ecological collapse." Bradbrook first co-founded the group Rising Up!, which then progressed and became XR.
For more insight into what Bradbrook's all about, check out these articles below:
Sixteen-year-old Swedish climate activist Greta Thunberg has inspired an entire generation of kids to participate in her "Fridays for Future" protest movement. Just last month, Greta and her movement were honored with an Amnesty International award for their "unique leadership and courage in standing up for human rights."
Thunberg's speeches are collected in her bookNo One Is Too Small to Make a Difference. She has said that she hopes the book causes panic. "I want you to panic … I want you to act as if our house is on fire. Because it is."
Naomi Klein is an award-winning journalist, activist and author. Since publishing her New York Times bestsellerThis Changes Everything: Capitalism vs. the Climate, Klein has become a strong force in the environmental movement.
Klein has a new book coming out in September, On Fire: The (Burning) Case for a Green New Deal. The book is described as an expansive, far-ranging exploration that "captures the urgency of the climate crisis, as well as the energy of a rising political movement demanding change now."
4. Bill McKibben
Bill McKibben is an author, environmentalist and activist. He is the founder of 350.org. Nearly 30 years ago, he published the first book on climate change, The End of Nature, written for the average person to understand the looming crisis. No climate activist list would ever be complete without acknowledging McKibben's consistent dedication to our planet.
Vox recently interviewed McKibben and captured his best advice.
5. Xiuhtezcatl Martinez
Xiuhtezcatl Martinez is a 19-year-old Indigenous environmental activist, musician and youth director of Earth Guardians. He recently told Rolling Stone, "I've been protesting since before I could walk."
He's also one of the plaintiffs on the youth climate lawsuit Juliana v. United States. In 2015, Martinez and 21 other youths filed a lawsuit against the U.S. federal government. For more on the trial, follow EcoWatch including this article that discusses what's happening with this lawsuit.
Martinez recently wrote an op-ed in Teen Vogue in April that explains the power of young voices. "Young people and marginalized communities are reclaiming our power and our voices in the movements that are shaping our future. From Standing Rock to Flint, from the Bayou to DC, we're beginning to see a different face of environmental leadership," he said.
Johnson's blog, Zero Waste Home, and her book by the same name have inspired an entire movement devoted to a minimalist lifestyle. She believes that a zero-waste lifestyle is not only good for the planet, but also for our personal health. The book garnered international interest and has been translated into 26 languages.
Johnson was recently interviewed by Here and Now's Peter O'Dowd. Listen below for five tips on how to live a more zero-waste life.
Toobin writes: "John Paul Stevens, who served on the Supreme Court from 1975 to 2010 and died Tuesday, at the age of ninety-nine, belonged to a vanished tradition on the Court and in American life: moderate Republicanism."
Former Associate Justice John Paul Stevens has passed away at the age of 99. (photo: Getty)
The Humane Legacy of John Paul Stevens
By Jeffrey Toobin, The New Yorker
17 July 19
ohn Paul Stevens, who served on the Supreme Court from 1975 to 2010 and died Tuesday, at the age of ninety-nine, belonged to a vanished tradition on the Court and in American life: moderate Republicanism. By the time he left the Court, during the tenure of John Roberts as Chief Justice, Stevens was the senior member of the Court’s liberal wing—which was evidence, mostly, of how far the Court turned to the right during his long tenure.
Stevens was appointed to the Court by Gerald Ford, who also looks today like a representative of a vanished strain within the G.O.P. Stevens’s and Ford’s views in the nineteen-seventies were roughly in line with those of moderate Republicans on the Court, such as Potter Stewart and Harry Blackmun. Like them, Stevens supported abortion rights, some forms of affirmative action (especially in university admissions), and limits on Presidential power. These were once mainstream views among leading Republicans—and they are still supported by most Americans—but the election of Ronald Reagan in 1980 began a transformation of the Party and of the Supreme Court.
Stevens kept a low public profile for most of his time on the Court, but he was always a canny behind-the-scenes strategist, working with frequent (but not constant) allies like Sandra Day O’Connor and Anthony Kennedy to preserve fragile majorities on such issues as abortion and the treatment of the detainees at Guantánamo. Stevens frequently duelled with his ideological (and temperamental) opposite, Antonin Scalia, who won many of the biggest battles between them. Unlike Scalia, Stevens was invariably courteous, even in defeat. But the most famous words that Stevens wrote on the Court came from his rightly indignant dissenting opinion in Bush v. Gore. In response to his colleagues’ decision to shut down the recount of votes in Florida, and thus award the 2000 Presidential election to George W. Bush, Stevens wrote, “Although we may never know with complete certainty the identity of the winner of this year’s Presidential election, the identity of the loser is perfectly clear. It is the Nation’s confidence in the judge as an impartial guardian of the rule of law.”
It wasn’t just the Republican Party that evolved during Stevens’s thirty-four years on the Court (the third-longest tenure in history). Stevens moved left on some issues, especially the death penalty, which he came to see as an institution fatally at variance with the nation’s legal traditions. (Blackmun had reached the same conclusion, a few years earlier.) Still, it’s clear that the Republican Party changed more than Stevens did. The party of Donald Trump—and of Neil Gorsuch and Brett Kavanaugh, his appointees to the Court—shares almost nothing with the humane ideological home of John Paul Stevens.
Trump is not a deep thinker about legal issues, but he understood politics well enough to know that he could prove himself to the right-wing base of his adopted party by embracing its extremist agenda for the Supreme Court. This commitment remains the core of his appeal to his party. In fact if not in words, Trump and his appointees are dedicated to overturning virtually everything that Stevens stood for as a Justice: equal rights for women, including the right to choose abortion; civil rights for gay people and for racial minorities, especially concerning the right to vote; a sensible understanding of the right to regulate guns under the Second Amendment (which Stevens, in retirement, called for repealing); separation of church and state; reasonable limits on the power of the Presidency.
Before his retirement, Stevens was one of the last veterans of the Second World War still active in a prominent public position. His record of public service, like that of so many of his colleagues in the armed forces, continued long after the war. Remarkably, too, Stevens wrote three books, including a recent memoir, after he retired from the Court, at the age of ninety. But his death is more than just the vanishing of a generational landmark; it’s his ideology, his understanding of the Constitution, that’s disappearing, too. And that’s the gravest loss to the country.
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