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The Most Powerful Weapon for Police Reform Is Back Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=59212"><span class="small">James D. Walsh, New York Magazine</span></a>   
Sunday, 25 April 2021 13:01

Walsh writes: "On the heels of Derek Chauvin's murder conviction, Attorney General Merrick Garland announced that the Justice Department is launching a 'pattern or practice' investigation into the Minneapolis Police Department."

Minnesota Police officers stand guard outside the Brooklyn Center Police Station after a police officer shot and killed Daunte Wright. (photo: Kerem Yucel/AFP/Getty Images)
Minnesota Police officers stand guard outside the Brooklyn Center Police Station after a police officer shot and killed Daunte Wright. (photo: Kerem Yucel/AFP/Getty Images)


The Most Powerful Weapon for Police Reform Is Back

By James D. Walsh, New York Magazine

25 April 21

 

n the heels of Derek Chauvin’s murder conviction, Attorney General Merrick Garland announced that the Justice Department is launching a “pattern or practice” investigation into the Minneapolis Police Department. Pattern or practice probes are often a precursor to court enforced reform agreements between the DOJ and local law enforcement agencies, which require them to comply with a list of goals before federal oversight can be lifted. A court-appointed monitor, usually a DOJ attorney in its civil rights division, is responsible for overseeing the goals and evaluating the department’s progress. President Joe Biden campaigned on a promise to revive pattern-or-practice investigations – as well as subsequent reform agreements – after the Trump administration suspended the program in 2017.

Congress first gave the Justice Department the power to enter reform agreements in the 1994 crime bill drafted by Biden following civic unrest in Los Angeles two years earlier over the LAPD beating of Rodney King. Many police accountability experts say the reform agreements – both consent decrees and settlement agreements – are the most effective way to achieve long-term police reform.

“If you have a troubled police department, this is how you do it,” said Sam Walker, an expert in police accountability and professor emeritus at University of Nebraska at Omaha. “Consent decrees and settlement agreements really offer systemic reforms for entire police departments. Just photocopy some decrees and change the wording and there you are.”

Under Barack Obama, the DOJ opened 25 pattern or practice investigations, at least 22 of which resulted in court-enforced reform agreements. In those agreements, monitors set reform benchmarks for departments over the unlawful use of force, bias in policing, mental health and crisis intervention, language access for non-English speakers, and more. Sometimes departments take just a few years to achieve compliance, but other departments take much longer: The Oakland Police Department, for example, has been under a consent decree since 2003.

Reform agreements have long-term staying power, according to Walker, and there’s no better example of that than the past four years. “What Jeff Sessions did early in 2017, was to suspend the program. There were no new investigations. No new consent decrees,” he said. “There was a lot of worry that the local U.S. attorneys who participated in this process would undermine existing consent decrees.” But Walker hasn’t seen any evidence that the Trump administration’s halt on new investigations or agreements undermined the agreements that were already in place. He points to Newark, New Jersey where the police department has been under consent decree since 2016. In 2020, no Newark police officer fired his or her weapon, a feat that would have been unthinkable a few short years ago.

“That told me that the U.S. attorney did not back away, that the reforms continued and they worked,” Walker said. “The new policy, the new training, the new supervision – all overseen by the monitor – stayed in place.”

Advocates of reform agreements often point to Connecticut’s East Haven Police Department as an example of their effectiveness. Though pattern or practice investigations look into systemic wrongdoing, they are often triggered by individual incidents. The DOJ started investigating the department in 2009, after officers took decorative license plates from the wall of an Ecuadorian store, claiming it was against the law to have old license plates, and proceeded to arrest a priest who witnessed the incident. A DOJ pattern or practice investigation followed and led to the arrest of four officers for a range of civil rights abuses. All four served time in prison. In 2012, the department entered a consent decree agreement. Over the next five years, the makeup of the department changed radically, as the city pushed hard to recruit Spanish-speaking officers and a new police chief encouraged the reforms laid out by the federal monitor.

“I think people felt uncomfortable going out. They were scared to get harassed,” Paul Matute, the son of the owners of the Ecuadoran store, told the Washington Post in December. “People were afraid to come to the store because they thought they’d get pulled over for being Hispanic. Now people are comfortable. That would never happen again in this town.”

It’s often said that reform agreements, at their core, are an attempt to change the culture of a department, a task some critics on the left say is impossible without radically changing the fundamental nature of policing. Others say that the reforms in cities like Pittsburgh didn’t stick. The East Haven consent decree was one of five Obama-era agreements that expressly targeted discrimination against the Latino community. A similar agreement on Long Island has taken longer to realize. The DOJ opened an investigation into the Suffolk County Police Department in 2009, shortly after a group of white teenagers who called themselves the Caucasian Crew murdered Marcelo Lucero, an Ecuadorian immigrant. In December 2013, the SCPD entered a settlement agreement with the DOJ and, one month later, Sgt. Scott Greene, a 25-year veteran of the force, was arrested for, and eventually convicted of, robbing Latino drivers during bogus traffic stops. Since then, progress has been slow. The federal monitor’s last publicly available assessment, completed in October 2018, stated that the department has yet to reach full compliance in bias-free policing and, seven years after the settlement agreement was inked, community leaders say that real progress has been nominal.

“What was identified in the DOJ’s settlement agreement are things that we’re still pushing for them to improve today,” said Irma Solis, the Suffolk County director of the New York Civil Liberties Union. “They may have some improved policies in place, but they haven’t made much progress, in my opinion, in making sure that those policies are well known by those who are expected to follow them.”

Earlier this month, a federal court cleared the way for a class-action lawsuit to proceed against the SCPD. Filed on behalf of 21 unnamed Latino plaintiffs in 2015, the suit accuses the department of subjecting “Latinos to an ongoing policy, pattern, and practice of discriminatory policing.” Judge Lois Bloom’s recommendation for class certification gives credence to that claim. “The SCPD has failed to collect reliable data and has failed to assess its data to prevent biased policing,” she wrote in her decision. Last year, the plaintiffs submitted an expert analysis by Michael Smith, an expert in racial profiling and police policy at the University of Texas San Antonio, which said that as recently as 2020, the SCPD was not collecting data “that is necessary for an appropriate racial or ethnic disparity analysis of these traffic stop outcomes.”

With nearly 2,500 officers, the SCPD is one of the largest local law enforcement agencies in the country, which might partly explain why it has taken so long to comply fully with the settlement agreement. (For comparison, East Haven’s force numbers just over 60 officers.) But police reformers in Suffolk are up against a department with a long history of corruption and a powerful police union — Donald Trump felt comfortable enough in Suffolk County to encourage cops in a speech he made at a police academy graduation address to rough up suspects. (The SCPD almost immediately distanced itself from the his remarks.)

“There’s this pervasive history of racially biased policing by Suffolk County, which [SCPD] has refused to acknowledge or only begrudgingly,” said José Pérez, an attorney for LatinoJustice, which filed the class-action suit. “Suffolk County routinely failed to collect the appropriate data and failed to analyze the data. Had the department undertaken these steps, as the settlement agreement required them to do, they might have been covered.”

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The Armenian "Genocide": This Is What Happened in 1915 Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=39234"><span class="small">Gillian Brockell, The Washington Post</span></a>   
Sunday, 25 April 2021 12:56

Brockell writes: "The word genocide was coined in 1944 by a Polish lawyer named Raphael Lemkin, who lost 49 members of his Jewish family in the Holocaust."

The U.S. ambassador to the Ottoman Empire included this photo of dead Armenians on a road in his 1918 book recounting the horrors he witnessed. (photo: Brigham Young University)
The U.S. ambassador to the Ottoman Empire included this photo of dead Armenians on a road in his 1918 book recounting the horrors he witnessed. (photo: Brigham Young University)


The Armenian "Genocide": This Is What Happened in 1915

By Gillian Brockell, The Washington Post

25 April 21

 

he word genocide was coined in 1944 by a Polish lawyer named Raphael Lemkin, who lost 49 members of his Jewish family in the Holocaust.

But it wasn’t the Nazis who first got him thinking about how to stop the intentional destruction of national, ethnic or religious groups. Decades earlier, when he was in college, he heard about the assassination of Talaat Pasha, one of the main organizers of the deportation and mass killing of Armenians in the Ottoman Empire, by an Armenian man who had survived it. The subsequent trial of the assassin opened his eyes to the suffering of the Armenian people.

“At that moment,” Lemkin wrote later in his autobiography, “my worries about the murder of the innocent became more meaningful to me. I didn’t know all the answers, but I felt that a law against this type of racial or religious murder must be adopted by the world.”

The Ottoman Empire killed an estimated 1.5 million Armenians during World War I. On Saturday, President Biden called it “genocide,” making him the first president to do so since Ronald Reagan. It’s a move that could further strain relations with U.S. ally Turkey.

The Ottoman Empire comprised many different ethnic and religious groups but was largely controlled by Muslims. In 1908, a group called the Young Turks seized control, first of a society called the Committee of Union and Progress, and then of the government. The CUP promised modernization, prosperity and secular, constitutional reforms.

At first, it seemed as though this vision included ethnic Armenians, most of whom were poor peasants on the eastern side of Anatolia (what is now Turkey). But over the next few years, the CUP grew increasingly focused on Turkish nationalism; by 1913, it was a full-on dictatorship.

When World War I broke out, Armenians found themselves physically on both sides of the battlefront between the Ottomans and the Russians. The Ottoman government drafted Armenian men to fight, but when the military suffered heavy losses, it blamed them on Armenians, accusing them of collaborating with the enemy. The Armenian soldiers were disarmed and murdered by Ottoman troops.

On April 24, 1915, the government arrested about 250 Armenian leaders and intellectuals. This is seen by many as the beginning of the massacre, and April 24 now marks Armenian Genocide Remembrance Day.

In the following months, most of those Armenian leaders were killed. The military forced Armenian villagers from their homes and on long, cruel marches to concentrations camps in what is now northern Syria and Iraq. Many of them died along the way; others died in the camps of starvation and thirst. Meanwhile, irregular forces and locals rounded up Armenians in their villages and slaughtered them. Historians estimate that between 600,000 and 1.5 million Armenians died.

The few survivors were often forced to convert to Islam, and Armenian orphans were adopted by Muslim families. The empty homes and businesses were also given to Muslims, some of whom had recently been forced out of the Balkans.

At this point in the war, the United States was still neutral. Henry Morgenthau Sr. was the U.S. ambassador to the Ottoman Empire and witnessed many of the atrocities. In a July 16, 1915, cable, he told the State Department: “It appears that a campaign of race extermination is in progress.”

He pleaded with Ottoman officials to stop it, and with President Woodrow Wilson to intervene. (He didn’t.) Eventually, Morgenthau fundraised for Armenian refugees and published a book recounting the horrors he had witnessed.

The Republic of Turkey rose from the ashes of the Ottoman Empire after World War I, led by its founder, Mustafa Kemal Ataturk, who had been part of the Young Turks takeover and a revered general. Ataturk brought the long-promised secular reforms and modernization, though, by that time, the country he united was missing millions of its ethnic Armenians, Assyrians and Greeks.

Nations often resist exploring the darkest corners of their past. Many Americans, for example, are angered by the characterization of the nation’s founders as enslavers of Africans and killers of Indigenous people. Former president Donald Trump even tried to introduce a new history curriculum to paper over some of the uglier chapters of our history.

But in Turkey, that avoidance is enshrined into law; publicly denigrating “Turkishness” is punishable by six months to two years in prison.

Some of Turkey’s most well-known authors and journalists have been prosecuted under this law just for acknowledging the mass killings of Armenians in 1915. Turkish officials have acknowledged that atrocities took place, but they regard it more as a civil war than a coordinated campaign to destroy the Armenian people.

So was it a genocide? The majority of historians say yes.

As did the man who created the very word “genocide.”

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FOCUS: Biden's Earth Day Climate Pledge for 2030 Will Define His Presidency Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=35861"><span class="small">Bill McKibben, The New Yorker</span></a>   
Sunday, 25 April 2021 11:57

McKibben writes: "Joe Biden's pandemic strategy has been to under-promise and over-deliver-his Administration, after committing to delivering a hundred million vaccine doses in its first hundred days, managed to double the goal and then some. That strategy is politically savvy, especially coming on the heels of a President who did precisely the opposite at every opportunity."

Bill McKibben. (photo: Wolfgang Schmidt)
Bill McKibben. (photo: Wolfgang Schmidt)


Biden's Earth Day Climate Pledge for 2030 Will Define His Presidency

By Bill McKibben, The New Yorker

25 April 21


Meeting the goal of halving greenhouse-gas emissions means that every action between now and then will have to be weighed against it.

oe Biden’s pandemic strategy has been to under-promise and over-deliver—his Administration, after committing to delivering a hundred million vaccine doses in its first hundred days, managed to double the goal and then some. That strategy is politically savvy, especially coming on the heels of a President who did precisely the opposite at every opportunity.

Biden’s new climate plan doesn’t follow that template, however. He opened his Earth Day summit of forty global leaders on Thursday by calling for the United States to make a fifty-per-cent reduction in greenhouse-gas emissions by 2030. That’s a big number. It’s not as big as it seems on the surface, because the cuts come from where we were in 2005, and we’ve already reduced some since then. But it is much bigger than what the U.S. pledged in the 2016 Paris climate accord.

It’s big enough, and a hard enough target, that meeting it would likely occupy the attention of his entire Presidency. Let’s assume that Biden and, after him, Vice-President Kamala Harris, win the next couple of Presidential elections. That would take us to 2030, but meeting the new goal means that every action between now and then will have to be weighed against it. The infrastructure plan currently before Congress would be a start, and a useful one, but much more would be needed.

And it wouldn’t all be the fun stuff for politicians—the money-spending part. Yes, there are lots of E.V. chargers to install and solar farms to construct, but there are also lots of pipelines and fracking wells to block. There are hundreds of thousands of big buildings that need to be retrofitted for energy efficiency—that’s a lot of landlords and developers to deal with. There are tens of millions of homes that will need to have their appliances replaced—and, if you think that vaccine hesitancy is hard to overcome, imagine induction-cooktop hesitancy. None of these tasks are impossible, and, in the end, all of them will save money. But there are lots of vested interests to stand up to, including some of the most formidable. If Biden can’t get banks and asset managers to stop underwriting fossil-fuel companies, he won’t stand a chance.

To make it happen, he’s going to need the movement that got us to this point—it’s only because so many people pushed so hard for change that he has enough of a constituency to even consider this proposal. It was such groups as the Sunrise Movement that helped finally make climate a top issue among voters. It probably annoyed the Administration when, on Tuesday, Representative Alexandria Ocasio-Cortez and Senator Ed Markey proposed their Green New Deal again, with goals and price tags much grander even than Biden’s infrastructure bill. But it shouldn’t: demanding the climate equivalent of three hundred million shots sets up the kind of useful bidding war that makes progress at this pace possible—and makes the Biden promises look moderate, which is not always a bad thing strategically. But then the Administration will have to act in good faith at every turn. The previous Democratic strategy has been to offer up big cuts in carbon emissions but to accomplish them by building out natural-gas-fired power, thus spiking methane levels. By some counts, following that plan, the Obama Administration managed to run precisely in place, as heat-trapping methane replaced heat-trapping carbon: the Administration claimed victory, but the atmosphere couldn’t tell the difference.

More activists are wise to that trick now, and, presumably, Biden won’t try it. Indeed, the task before us is sufficiently difficult that real transparency will help deal with the unavoidable mistakes and the technologies that don’t pan out. There are doubtless going to be some scandals along the way (such as the one involving Solyndra, the solar-panel startup that collapsed, in 2011, after securing a huge federal-loan guarantee). Knowing that in advance, and owning mistakes when they happen, will make getting past them easier. In that sense, it’s like fighting a nonviolent war: you’re going to lose battles, and everyone is going to know about it. You need enough fervor and momentum to carry you past those losses.

And, of course, any war effort on this scale requires allies. In fact, the climate crisis is literally a world war, against a common enemy. That’s why Biden made his announcement on Thursday, with leaders from around the world, including Xi Jinping and Vladimir Putin (and Pope Francis), listening. They won’t necessarily believe him, of course—every President and Prime Minister and autocrat watching will have understood that Biden has limited freedom of action, bound by an encrusted Congress and a Trumpish judiciary. But they need him to be making progress if they’re to do it themselves; in many ways, this is a global-scale confidence game, in the best sense of the phrase.

For a long time, climate campaigners have celebrated announcements, because that’s all they’ve had—it was a big victory if a Presidential candidate so much as mentioned the climate crisis during a debate. But those days end now—with 2030 as the deadline set by science, this is the last proclamation that will get a big cheer. From here on, it will be about execution. A pandemic doesn’t yield to exhortation, and neither does a climate crisis. This is a real shot in the arm, and it’s going to have to last.

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While Justice Sleeps Here Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=59211"><span class="small">Stacey Abrams, Vanity Fair</span></a>   
Sunday, 25 April 2021 08:33

Abrams writes: "You know Stacey Abrams as the founder of Fair Fight and a leader in the battle for voter rights. She's also a novelist, whose new thriller takes on conspiracy theories, biotech, and the Supreme Court."

Stacey Abrams. (photo: LaToya Ruby Frazier/The New Yorker)
Stacey Abrams. (photo: LaToya Ruby Frazier/The New Yorker)


While Justice Sleeps Here

By Stacey Abrams, Vanity Fair

25 April 21


You know Stacey Abrams as the founder of Fair Fight and a leader in the battle for voter rights. She’s also a novelist, whose new thriller takes on conspiracy theories, biotech, and the Supreme Court.

is brain died at 11:47 p.m. At nine o’clock on Sunday night, Supreme Court justice Howard Wynn shifted testily in his favorite leather chair, the high-backed Chesterfield purportedly commissioned by Chief Justice William Howard Taft. The wide seat resembled a settee more than a chair, but the latter Howard appreciated the capacious width. Unlike the robust former president, Justice Wynn was built along trimmer lines, a sleek sloop to the fearsome cargo ship of a man who preceded him on the bench. But he enjoyed the chair for its unexpected utility. Extra space at his hip for the books he habitually tucked to his side, on the off chance the chosen tome for his nightly read bored him.

Howard Wynn did not suffer boredom or mediocrity well.

He felt equally dismissive of willful ignorance—his description of the modern press—and smug stupidity, his bon mot for politicians. To his mind, they were a gang of vapid and arrogant thugs all, who greedily snatched their information from one another like disappearing crumbs as society spiraled merrily toward hell. With the current crop of pundits, bureaucrats, and hired guns in charge, America was destined to repeat the cycles of intellectual torpor that toppled Rome and Greece and Mali and the Incas and every empire that stumbled into short-lived, debauched existence. Show man ignoble work and easy sex, and there went civilization.

“A righteous flood, that’s what we need,” he muttered into the dimly lit study. “Drown the bastards out.”

Behind him, a chessboard stood in midplay, the antique wooden pieces beginning to attract particles of dust from disuse. Once, he’d played the game with a ferocity that rivaled that of grand masters, a prodigy in his youth. Careful maneuvers and contemplations of endgames had been sufficient until he learned that he could do the same in real life, when his mind became destined for the law. The game in progress was with a man he’d never met who lived half a world away. But even his new friend had deserted him to this last room of refuge.

The door to the study had been shut tight for hours, leaving him alone in his sanctuary. Beyond the study, an early summer storm rattled the windows. White flashed in the distance, and then came the inevitable bark of thunder. Wynn nodded in weary recognition of the tumult. To drown the thunder, he turned on the small television he kept in the room. As a rule, he despised the idiot box, but now he reluctantly acknowledged its utility. Tonight, it would tell him if he’d destroyed his life’s mission or saved it.

A commercial offered discount car insurance, followed by the opening graphics for a popular evening talk show of comedic and political invective. Wynn watched with hawkish eyes as the host wasted no time before launching his shtick. “And earlier today…the epic meltdown at American University by Justice Howard Wynn…or, perhaps he should be called Justice ‘Where the Hell Am I?’ ”

The studio audience roared with laughter as the screen flickered to a shot of Wynn speaking that afternoon at the university’s commencement ceremony. He’d done this countless times, offering pithy lies about the promise of the next generation. The clip caught him as he leaned over the podium, clad in his academic regalia—simply another meaningless black robe. A tight shot of his face flashed onscreen, mouth sneering. “Science is the greatest trick the Devil ever played on man!” he pronounced to the undergraduates squirming uncomfortably in their metal chairs. The man he watched onscreen lifted his fist in anger. “He let us believe we could control our destiny, but we’ve only built our demise. Breaking the laws of nature to construct a shrine to Satan’s handiwork. We must be stopped!”

The television screen filled to frame a shot of a stone-faced Brandon Stokes, the president of the United States, staring stoically ahead as Justice Wynn raged on. The graduation of the president’s youngest daughter had brought him to the festivities, and he’d graciously agreed to share the podium with the jurist who reveled in swatting down his initiatives and eviscerating the laws signed by his administration. The animus between the men had been the source of great debate at the college—one brought to a head by Zoe Stokes’s unexpected early graduation, fulfilled by a recalculation of her study-abroad hours. With the invitation to the Supreme Court justice already accepted, the college had no graceful way to rescind his speaking engagement.

Wynn stared at the crowd, his face frozen in irascibility. In the next image, clearly realizing her grave error, the college’s president warily approached from the side of the podium, extending her hand in the universal gesture of nice doggy. Her voice was faint but clearly heard by the cameraman. “Justice Wynn? Are you okay?”

Wynn spun around and swatted at the proffered hand, his voice dismissive. “Of course I’m not. I’m trying to warn you of the coming apocalypse, and you want me to tell these children that the world awaits them. What waits is death. It will come for the others first, but the Devil will have his due.”

At that point, uncomfortable murmurs spread through the crowd, peppered with chuckles of derision, and Wynn turned back once more. “Laugh if you will, you carrion of society. But mark my words—hell has come to earth, and your parents have elected its offspring.”

With that, he shoved his hand into his pocket and glared at President Stokes, then marched toward him. Yanking his hand free from his pocket, Justice Wynn stopped in front of Stokes and extended his right hand. The president came awkwardly to his feet and accepted the gesture, and the justice muttered something near his ear.

The video played the strained handshake before the justice stalked offstage, trailed by the clearly distraught college president.

“Not sure what Justice Wynn whispered there, but I think it’s safe to say he won’t be endorsing the president for reelection,” deadpanned the late-night host, to raucous applause. “They call Justice Wynn the ‘Voice of the People,’ but now everyone is wondering if he’s the one hearing voices. He’s known for riding the subway in D.C., but this makes me wonder if he’ll be living in the tunnels soon. Scary that he’s the swing vote on some big decisions the court will make this month. And even scarier is that he’s probably not the worst one. I wonder if they’ll give him his own reality show, Crazy Justice.” Laughter followed, and Wynn flicked off the television.

“Funny man,” he muttered to himself, staring again at the storm raging beyond the windows. “Thoreau had it right about nature versus man. Nature always wins.” As he spoke in the empty room, his voice held no venom, only resignation. Nature, he knew, was a crafty adversary. While a man slept peacefully in his bed, Nature rummaged through tissue and cell down to chromosomes so slight as to be invisible. With a capricious flick, it switched on the time bomb that would explode a man’s life. A man’s brain.

“Leaving me a mewling, puking shadow of myself for others to feed upon like viscera,” he acknowledged morosely. No one replied. Too often, these days, his conversations spun out to meet no response.

They’d all left him. One wife dead, another deserted. His only son despised him.

The court was no better. A collection of sycophants and despisers, plotting against him. Pretending to care about him. But he’d discovered the way to do what must be done, and the few to whom he could entrust the tasks ahead.

Wynn struggled from the chair and crossed to a bookshelf. He shifted the books to the carpet. The task was harder than it should have been. With a glance over his shoulder, he checked that the door was still closed.

“Don’t want that sneaky viper to creep up on me and steal more of my secrets,” he muttered. Wynn entered the combination to the safe. The lock popped quietly and flashed its green entry signal. He tugged at the handle.

Inside, the contents were exactly as he’d left them. Soon, though, he’d forget what lay inside. Worse, he’d forget that he even had a safe and the other hiding places he’d set across the whorish town. Places that might betray him by refusing to be found. Such was his fated end. From brilliant jurist to a hollowed-out shell of a man chased by shadows, betrayed by memory.

Time had winnowed itself down to nothingness. At some point, his enemies would attempt to rush him toward death, but he knew a secret. Between the end and now lay uncharted territory that he alone had begun to map. His enemies would try to follow him, but they would fail. All except the ones who could follow the breadcrumbs.

Each term, the U.S. Supreme Court held its hearings and issued its edicts like gods from Olympus. By law, they commenced their deliberations on the first Monday in October, parceling out times for lawyers and the wretched they represented to beg the indulgence of him and his fellow jurists. But the clock struck midnight at the end of June, shutting the door on deliverance or condemnation. By tradition, they parceled out their weightiest decisions in those final weeks, occasionally eking into July, but never during his tenure. No, June 30 was his D-Day, his Waterloo, his checkmate.

He slammed the safe door shut and leaned heavily against the cold metal, his forehead pressed against his lifted arm. What if she couldn’t finish it? If they too got lost, like he had. Perhaps if he told the chief what he’d done, what he’d learned, she’d be able to help him. But if she knew, she’d be honor-bound to stop him. Deny him this last act of penance.

Part of him recognized the argument swirling in his head. A vicious tug-of-war he scarcely recalled from day to day. The neurologist had warned him that the symptoms would worsen. That the shadows in his once-clear mind would grow fangs and horns. That he would see enemies.

No, he reminded himself. There were enemies. Enemies he had to fight. Because if he told the truth, they might not believe him. Worse, they would destroy the truth. Too many doctors whispering about his deteriorating health, about paranoia and anxiety and conspiracy brought on by neurological disease.

It was better this way, to wait and see if his opponents accepted his king’s gambit. An opening sacrifice to strengthen his game. The White House thought itself so clever. Use his body’s own betrayal against him. Send in a spy to watch his moves and figure out what he’d learned. Executive privilege versus the great jurist Howard Wynn? Pah!

Filled with adrenaline, Wynn replaced the books, opened the study door, and returned to his chair. His mind was made up. Again. He would play the labyrinthine game the law demanded, and he would win. They wouldn’t stop him.

Abruptly, the anxiety sharpened, its razor claws slicing through reason in his suddenly clouded thoughts. Wynn jerked upright and hissed into the empty room, “You want to kill me, don’t you? Silence me?” He punched the air with an angry, shaking fist. “I know what you’ve done. How you’ve lied to us! Soon enough, I’ll prove it, and even your guard dogs won’t be able to save you!”

“Justice Wynn? Who are you talking to?” At the doorway to the study, his nurse appeared and frowned at the outburst. “Are you on the phone?”

The clouds receded, and he snarled, “I am conversing with Nature, woman. Smartest companion I am likely to encounter in this house.”

Unconvinced, his nurse, Jamie Lewis, crossed the threshold. She plastered on a smile. “It’s time for your medication and for bed, Justice. You need your rest. You had a long day today, and I don’t want you too tuckered to go to work tomorrow. Busy week.”

Wynn slapped the arm of the Chesterfield chair with a satisfying crack. “I’m not a goddamned child, Nurse Lewis. I don’t need to be coaxed into bed like a whelp in diapers. I sit on the bench of the United States Supreme Court.”

“Yes, you do.” Jamie edged closer, her crepe-soled shoes silent on the hardwood. Only her pale yellow skirt made a whisper of sound as she closed the distance between them. With the dulcet smile that she knew would irritate, she cooed, “You’re a fine lawyer, Justice Wynn. God knows, I’ve met enough of them, thanks to Thomas.” She gave a false laugh. “Perhaps I should have married a doctor, not a salesman.”

“A doctor? Scoundrels!” This time, the smack of his hand echoed for an instant. “Damned charlatans…refusing to do an honest day’s labor. Off golfing and finding diseases that were never lost.”

“Doctors are important, Justice. As important as lawyers, I’d wager. They’re keeping you here, aren’t they?”

“There’s no comparison,” he barked. “Jurisprudence is one of the last pure métiers of Western creation, like the blues or bid whist. I find modern physicians only slightly more capable than leeches and witches’ cauldrons. Eight years of training, and still they only barely practice at their craft!”

“Don’t lawyers practice the law?”

“When we stumble, no one dies.” His hand trembled as he flipped defiantly through the musty pages of Faust and knew he had lied. “Doctors are nothing but cranks and convicts roaming the earth, telling lies to the healthy. Gathering corpses for their experiments.”

Bushy eyebrows, twin shocks of alabaster against bronzed skin, lifted and lowered in rage. “But then, that’s not much better than this new crop of lawyers roaming the court. A generation laid to waste by the putrescence of their own thoughts. Not an incisive mind among them. Computer-addled miscreants who’d rather be told the answer than investigate. Can barely find one smart enough to fetch my coffee.”

“I thought you liked Mr. Brewer and Ms. Keene,” Jamie reminded him, standing at his elbow. His rant slid into a cough, and soon would warble off into mutterings. To urge the sequence along, she poked: “Just yesterday, you told me Ms. Keene was a bright young scholar worth watching.”

“I said no such thing!” He levered himself into a fighting stance and spat, “Don’t tell me I’ve said things I didn’t say. Especially about persons whom you are ill-equipped to hold small talk with, let alone discuss their relative cerebral merit, Nurse Lewis.” He sneered her title and clutched her arm, desperately afraid that he had indeed paid the glowing compliment about one of his clerks.

Too often, these days, he could not remember his own words from moment to moment. Or from afternoon to night.

Wynn glanced up to find the nurse watching him, checking him for signs of dementia or the coming of death. Had he finished his sentence? How long had he been silent? “Stop staring at me!” he snapped and tightened his hold on her muscular arm.

Jamie obliged and looked away before he could see her worry. His lapses were coming more frequently now. One day, the lapse would freeze in time. She’d seen it once before. Boursin’s syndrome was the name of the disease, and she could read its trek in Justice Wynn’s panicked eyes. Gently, she probed, “What were we discussing, Justice?”

“Why? So you can report me to the president or whatever goon sent you to spy on me?” He snorted derisively. “Did I go too far at the graduation? Have they told you to kill me?”

The nurse blanched. “Sir?”

“Of course you’re spying on me,” he told her gruffly. “I may be paranoid and dying, but I am not stupid.”

“You believe I would kill you?”

“Nothing so bold and direct. You simply write down your observations and pass them along, in violation of medical privilege, building their case against me.”

“Sir—”

“I assume they make you report on my impending demise on a regular basis. Probably have you reading my papers at night, snapping photos so they know what I’m doing. Would love to have you tape me, but their surveillance can’t get inside. That interloper in the White House is afraid I’m going to crush his dreams, and they sent you to keep tabs on me. My speech today must have him cursing my name.”

Her eyes widened. “I don’t know what—”

“Don’t lie to me!” he barked. “For God’s sake, be the last exemplar of honesty left in this house.” A cough rattled through him, and he bowed his head as his lungs struggled for air. “How did they turn you? A bribe or a threat? Did they use your husband?”

The flush turned pale and the nurse’s head hung slightly. “Thomas is in trouble again. They’re considering arresting him for some scam. He swears he didn’t do it,” she whispered. “I didn’t have a choice.”

“You had a choice, Nurse Lewis,” he corrected tersely. “You simply chose the living over the dead.”

“They want to know if you can do your job, sir. If you still have the capacity to function. That tantrum at the commencement didn’t help.”

“That was no tantrum, you silly cow! It was strategy. It’s all strategy. Opening move of the king’s gambit! Every breath is a movement toward the endgame.” His eyes widened, and he shook his fist. “Did you tell them about my research? That I know what happened?”

Jamie frowned in genuine confusion. “Research? For the court?”

“Of course for the court! Why else would they have you here? I am a threat to national security, but one they can’t prove without admitting what they’ve done. So the White House trespasser sends in his carrier pigeons to watch me like a hawk. I know their secret!”

“Justice, you’re not making sense. Please, sit down.”

“I won’t sit, and I won’t be silenced!” The bellow carried an edge of hysteria. He thought again about his estranged son. “They can’t kill my boy with their lies!”

“No one is trying to kill Jared,” Jamie soothed, her hand stroking his stiffened back. “Please, Justice, calm down.”

“It’s a prisoner’s dilemma,” he whispered as his voice shook. “My son’s life for their defeat. But I’ve outsmarted them. Lasker-Bauer, which they will never suspect.”

“Lask Bauer? Who is he?”

“Not he, you simpleton. In the middle game, both bishops will die to save him. To save the endgame.”

“Who are the bishops?” Jamie frowned in confusion and gripped his shoulder. “Justice Wynn, who am I?”

“Leave me be!”

Jamie leaned closer and demanded, “Who am I?”

His eyes snapped to hers, his mind clearing. He snarled, “Someone I cannot trust. I can’t trust anyone anymore.”

“I’m here to help you.”

“Liar. You’re telling them I’m crazy. That I’m infirm. I am still strong, madam. Stronger than he is.” Still, agitation knotted his belly. If the call came on the right day, a day when he’d forgotten his plan, he might accept their demands and ruin everything he’d so carefully plotted.

Not yet. By God, not yet. Forcing his once-agile mind to focus, Justice Wynn summoned the thread of his conversation with Nurse Lewis. “Stop staring at me.”

“What were we talking about?”

“Before you admitted your perfidy, we were discussing the intellectual capacity of my law clerks, and I made a reference to a strategy beyond your grasp. And for the record, Ms. Keene is no better and no worse than the rest of her kind. Her sole differentiation is the glimmer of potential she tries to hide. Otherwise, she is as bright as one can expect given the utter absence of scholarship among her tutors.”

Jamie closed plump, steady fingers around Justice Wynn’s upper arm and steered him to the open door. “I thought she went to Yale? Isn’t that a good school?”

“A cesspool, just like Harvard, Stanford, or any other bastion of education in this end of days. A sea of sloppy thinking posing as legal education.” He stumbled and caught himself on the hallway wall. “No wonder lawyers want strict construction of the Constitution. Hell, that way, it’s already written down for their feeble minds.”

At the staircase, Jamie nudged him to the left. Wynn halted beneath a framed photo displaying a sweep of glacier, the blue vibrant and grand. Remembering their earlier exchange, he shook his head. “Knowing the law isn’t about the school. It’s about the mind. The heart. About understanding what the law intends as much as reading beneath what it says. Knowing how to find one’s way to the truth.” He breathed deep, resting more of his weight on Jamie’s sturdy frame, confident she’d hold.

He lifted his eyes to meet hers. Staring intently, he demanded, “Do you like Avery?”

She nodded hesitantly. “She’s impressive. Well-spoken.”

“That’s all you can say?”

With a shrug, Jamie countered, “Well, she has a bit of an attitude, if you ask me. Tough. Not like that charming Mr. Brewer. He’s going places. I can tell.”

“Brewer will build shallow empires,” Wynn snorted. “But Ms. Keene is a smart girl. Very smart. A bit preoccupied with proving herself, but she’s got a brain that she occasionally puts to use. Could be brilliant if she were a more precise thinker.”

“More precise?”

“Precise, Nurse. A condition you have yet to stumble into.” Forcing his spine erect, he yanked his hand free. “I’m not an invalid. I can take myself to bed. Get me those pills of poison they’ve told you to foist upon me.”

“Yes, sir.” She propped open the bedroom door and waited as he lumbered through. “Why don’t you slip into your pajamas, and I’ll bring your medication in two shakes?”

“Don’t condescend to me, woman. I’m dying, not senile. I can hear your feeble attempts at patronization before they pass your lips.”

“I’ve laid the black pajamas on the bed. Do you need any help?”

“Only if it means I get a replacement for you.” Wynn glared at her retreating form. “Bring me a goddamned whiskey with my death pills.”

Eleven o’clock arrived before the private nurse crept into his room and discovered the open, vacant gaze, felt the reedy pulse that slouched through veins constricted by disease. She knelt beside him and winced as something bit into her flesh. Shifting her knee, she reached for the lamp with one hand and for the foreign object with the other. Her fingers closed over a pill bottle top that had fallen to the carpet. Raising it to the light, she saw the colored stripe she’d placed there herself and gasped. She reached under the bed, searching frantically for the bottle she knew she’d find.

The plastic bottle knocked against her hand and she drew it out, the label confirming her worst fears. He’d taken pills prescribed for the seizures that occasionally convulsed his limbs. Alone, the medication was dangerous, but when combined with his other meds and alcohol, the dose could be lethal. She groped under the bed, scooping up fallen pills, but she wouldn’t know how many were missing until she checked her charts.

But the evidence was clear. Justice Wynn had tried to kill himself.

Guilt clutched at her throat, forcing her eyes to the man she’d come to respect, even like, despite his fiery temperament. The promise of freedom and stability for her husband, Thomas, funded by the U.S. government, had seemed adequate justification for betrayal when she had accepted the post and her instructions. Become caretaker for a powerful but sick old man whose illness was slowly rendering him a security risk. Monitor his writings, report on his status weekly, and act when instructed. But that had been before she knew Howard Wynn.

Now her hands clenched around the disposable cell phone.

The number she was supposed to call, once she had confirmation that he was near death, had been drilled into her. A call, once made, that would guarantee he never awoke. She hesitated, unwilling to be the one to betray him as he suspected, but she told herself it was done now. Too late to undo the bargain she’d made. First, though, she’d check and be sure.

Pressing her stethoscope to his lungs, she heard labored breath sounds. The plastic cuff around his leaden arm registered a low blood pressure. She flicked the pen light with practiced care. Minimal response to light. In short order, she ran each test that would confirm his imminent death.

The whispered words caught her by surprise. “She has to finish it. For him.”

Instruments tumbled to the carpet, and she knelt again, this time in shock. “Justice Wynn?”

A feeble hand jerked up and seized her sleeve. “I’m not dead. Though you can try.”

“I didn’t want to—” Her fingers closed over the cold, trembling ones on her arm. “You took pills—”

“No time for excuses.” A hacking cough shook through him. “Avery has to save us. Swear it!”

“Let me call the ambulance,” she whispered, fumbling. “I’m so sorry!”

“It’s too late for apologies,” he wheezed as his eyes flickered. “Promise me. You’ll deliver a message. Just in case. Swear it.”

Too shocked to object, she responded, “I swear.”

“Tell her…tell her to look to the east for answers. Look to the river. In between. Look in the square. Lask. Bauer. Forgive me.

“Justice? I don’t understand.” Frantically, Jamie leaned closer. “Who is Mr. Bauer?”

“Tell Avery. East. River.” He gasped then, choking on a bitter gulp of air. “Between. Square. Forgive me.

Jamie shook his shoulders, trying to rouse him once more, to make sense of what she’d heard. But the irises stared out blankly into the tepid light, unresponsive. She moved his hand back to the bed.

“No. No,” she muttered aloud. “They won’t make me kill you.” She lifted the bedside phone and punched the speed dial assigned for such a moment.

“U.S. Marshals. What’s your emergency?”

“Justice Howard Wynn is unconscious. He needs immediate medical attention.”

“Identify yourself.”

“Nurse Jamie Lewis,” she answered tersely. “Now send an ambulance. He’s dying.”

“Please stay on the line.”

Once she was sure the ambulance was en route, she reached for the other phone and dialed the man she’d never met. She waited mere seconds for a connection.

“Is it done?”

“I think he took an overdose.”

“On purpose?”

“Maybe.” She hesitated. “Pulse is weak, and he’s in and out of consciousness. He’s near death.”

“Do nothing. I will arrive in 20 minutes.”

Her eyes squeezed shut. “I can’t.”

“You can’t do what?”

“I can’t do nothing. It’s not right.”

A long silence, then: “Leave the house, Nurse Lewis. At once.”

“I said I can’t. An ambulance is on the way,” Jamie confessed. “I had no choice.”

“This is a national security matter. You were told not to contact anyone except for me. Not to take heroic measures to prolong his life. Did you misunderstand?”

“No. But I had to help him. He needs a doctor.”

The admission of the former Army nurse told the man on the line that her usefulness was at an end. “Understood.”

Nonplussed by the response, she asked, “What happens now?”

“Take him to the hospital, and then you are relieved of duty. You’ll receive your payment tomorrow.” The line disconnected.

Jamie stared at the phone. She was free? Relief snaked through her, and her knees gave way. She sank onto the bed, her hip against the limp hand that had grabbed her only minutes ago.

A dying man had made a request of her. A last request. Her eyes fell on Justice Wynn, a man who’d served his country well. All he’d asked in his last moments of lucidity was for her to deliver a message. Save us.

Smoothing down the wrinkles in her uniform, Jamie dialed the cell phone again. In for a penny…

This time, it was the number she’d learned after months in his office. The rings gave way to a short greeting and then a tone. Jamie repeated the message the dying man had offered. She spoke quickly, her eyes on his. Then she finished: “Avery, his last words were Forgive me.

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Why We Forget Epidemics and Why This One Must Be Remembered Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=59209"><span class="small">Nina Burleigh, Tom Dispatch</span></a>   
Sunday, 25 April 2021 08:30

Burleigh writes: "The second Moderna shot made me sick - as predicted. A 24-hour touch of what an alarmed immune system feels like left me all the more grateful for my good fortune in avoiding the real thing and for being alive at a time when science had devised a 95% effective vaccine in record time."

A COVID-19 vaccine. (photo: AP)
A COVID-19 vaccine. (photo: AP)


Why We Forget Epidemics and Why This One Must Be Remembered

By Nina Burleigh, Tom Dispatch

25 April 21

 


With today’s piece comes a special one-week offer. Any reader willing to contribute at least $100 to TomDispatch ($125 if you live outside the USA) can get a signed, personalized copy of Nina Burleigh’s superb new book on our pandemic moment, Virus: Vaccinations, the CDC, and the Hijacking of America’s Response to the Pandemic. Given our lives right now, vaccinated or not, I simply can’t imagine a more timely or appropriate volume — and let me remind you that, whether you want such a book or not, giving to this website couldn’t be more timely or appropriate as well. Eighteen-plus years later, TomDispatch still offers a version of the news of our world as it really is that you just can’t read elsewhere. So check out our donation page and consider what you might do to keep us afloat in genuinely tough times. One small p.s.: Burleigh’s book won’t be published until May 18th, so those who contribute for a copy will have to be patient. You won’t get it until perhaps the end of May. Tom]

World War I was, however faintly, still part of my life when I grew up in the Cold War years. I can remember being hoisted on my father’s shoulders to see the aging American veterans of that global conflict during what must have been a Veterans Day parade down New York City’s Fifth Avenue. My parents talked about their memories of both world wars, as well as the Roaring Twenties, and the Great Depression when I was growing up. But there was one thing they had lived through as children that they never mentioned, not once: the devastating great influenza pandemic of 1918-1920 that killed so many more Americans than died in both world wars. I had no idea it had even happened, though it was far more devastating than the present pandemic globally (horrific as Covid-19 is).

And I’m not alone in having that blankness in my past. None of the parents of my friends spoke to them of it either. A horror of our history, it had been deep-sixed in a striking way when, in 2005, John Barry published his groundbreaking book The Great Influenza: The Story of the Deadliest Pandemic in History (which hit the bestseller lists then, and again in 2020). In it, Barry wrote, “Before that worldwide pandemic faded away in 1920, it would kill more people than any other outbreak of disease in human history… In a world with a population less than one-third today’s… that influenza likely caused at least fifty million deaths worldwide and possibly as many as one hundred million.”

Imagine such a horror wiped out of our collective memory! Now, 16 years after that book was published, we again find ourselves mired in a disastrous global pandemic, one that we should never forget, especially given the ongoing pandemic dangers on this planet. With that in mind, journalist Nina Burleigh has bravely written her own striking book, Virus: Vaccinations, the CDC, and the Hijacking of America’s Response to the Pandemic, on the unfolding of Covid-19 in America not nearly a century after the disease hit us, but right in the middle of the nightmare itself. And this time, as she says in today’s piece, forgetting should be inconceivable. Tom

-Tom Engelhardt, TomDispatch



The Great Forgetting
Why We Forget Epidemics and Why This One Must Be Remembered

he second Moderna shot made me sick — as predicted. A 24-hour touch of what an alarmed immune system feels like left me all the more grateful for my good fortune in avoiding the real thing and for being alive at a time when science had devised a 95% effective vaccine in record time.

To distract myself from the fever as I tried to sleep, I visualized strands of synthetic messenger RNA floating into my cells to produce the alien spike protein that attracted my warrior T-cells. I drifted off envisioning an epic micro-battle underway in my blood and had a series of weird nightmares. At about two a.m., I woke up sweating, disoriented, and fixated on a grim image from one of the studies I had consulted while writing my own upcoming book, Virus: Vaccinations, the CDC, and the Hijacking of America’s Response to the Pandemic, on the Covid-19 chaos of our moment. In his Vaccine: The Controversial Story of Medicine’s Greatest Lifesaver, Arthur Allen described how, in the days of ignorance — not so very long ago — doctors prescribed “hot air baths” for the feverish victims of deadly epidemics of smallpox or yellow fever, clamping them under woolen covers in closed rooms with the windows shut.

Mildly claustrophobic in the best of times, my mind then scrabbled to other forms of medical persecution I’d recently learned about. In the American colonies of the early eighteenth century, for example, whether or not to take the Jenner cowpox vaccine was a matter of religious concern. Puritans were taught that they would interfere with God’s will if they altered disease outcomes. To expiate that sin, or more likely out of sheer ignorance, medical doctors of the day decreed that the vaccine would only work after weeks of purging, including ingesting mercury, which besides making people drool and have diarrhea, also loosened their teeth. “Inoculation meant three weeks of daily vomiting, purges, sweats, fevers,” Allen wrote.

To clear my thoughts, to forget, I opened my window, let in the winter air, and breathed deep. I then leaned out into the clean black sky of the pandemic months, the starlight brighter since the jets stopped flying and we ceased driving, as well as burning so much coal.

Silence. An inkling of what the world might be like without us.

Chilled, I lay back down and wondered: What will the future think of us in this time? Will people recoil in horror as I had just done in recalling, in feverish technicolor, the medically ignorant generations that came before us?

The Glorious Dead

When America reached the half-million-dead mark from Covid-19 at the end of February, reports compared the number to our war dead. The pandemic had by then killed more Americans than had died in World War I, World War II, and the Vietnam War combined — and it wasn’t done with us yet. But the Covid dead had not marched into battle. They had gone off to their jobs as bus drivers and nurses and store clerks, or hugged a grandchild, or been too close to a health-care worker who arrived at a nursing home via the subway.

Every November 11th, on Veterans Day, our world still remembers and celebrates the moment World War I officially ended. But the last great pandemic, the influenza epidemic of 1918-1920 that became known as “the Spanish flu” (though it wasn’t faintly Spain’s fault, since it probably began in the United States), which infected half a billion people on a far less populated planet, killing an estimated 50 million to 100 million of them — including more soldiers than were slaughtered in that monumental war — fell into a collective memory hole.

When it was over, our grandparents and great-grandparents turned away and didn’t look back. They simply dropped it from memory. Donald Trump’s grandfather’s death from the Spanish flu in 1919 changed the fortunes of his family forever, yet Trump never spoke of it — even while confronting a similar natural disaster. Such a forgetting wasn’t just Trumpian aberrance; it was a cultural phenomenon.

That virus, unlike Covid-19, mainly killed young healthy people. But there are eerie, even uncanny, similarities between the American experience of that pandemic and this one. In the summer of 1919, just after the third deadly wave, American cities erupted in race riots. As with the summer of 2020, the 1919 riots were sparked by an incident in the Midwest: a Chicago mob stoned a black teenager who dared to swim off a Lake Michigan beach whites had unofficially declared whites-only. The boy drowned and, in the ensuing week of rioting, 23 blacks and 15 whites died. The riots spread across the country to Washington, D.C., and cities in Nebraska, Tennessee, Arkansas, and Texas, with Black veterans who had served in World War I returning home to second-class treatment and an increase in Ku Klux Klan lynchings.

As today, there were similar controversies then over the wearing of masks and not gathering in significant numbers to celebrate Thanksgiving. As in 2020-2021, so in 1918-1919, frontline medics were traumatized. The virus killed within hours or a few days in a particularly lurid way. People bled from their noses, mouths, and ears, then drowned in the fluid that so copiously built up in their lungs. The mattresses on which they perished were soaked in blood and other bodily fluids.

Doctors and nurses could do nothing but bear witness to the suffering, much like the front-liners in Wuhan and then New York City in the coronavirus pandemic’s early days. Unlike today, perhaps because it was wartime and any display of weakness was considered bad, the newspapers of the time also barely covered the suffering of individuals, according to Alex Navarro, editor-in-chief of the University of Michigan’s Influenza Encyclopedia about the 1918 pandemic. Strangely enough, even medical books in the following years barely covered the virus.

Medical anthropologist Martha Louise Lincoln believes the tendency to look forward — and away from disaster — is also an American trait. “Collectively, we obviously wrongly shared a feeling that Americans would be fine,” Lincoln said of the early days of the Covid-19 pandemic. “I think that’s in part because of the way we’re conditioned to remember history… Even though American history is full of painful losses, we don’t take them in.”

Guardian columnist Jonathan Freedland argues that pandemic forgetting is a human response to seemingly pointless loss, as opposed to a soldier’s death. “A mass illness does not invite that kind of remembering,” he wrote. “The bereaved cannot console themselves that the dead made a sacrifice for some higher cause, or even that they were victims of an epic moral event, because they did not and were not.”

Instead, to die of Covid-19 is just rotten luck, something for all of us to forget.

Who Will Ask Rich Men to Sacrifice?

Given the absence of dead heroes and a certain all-American resistance to pointless tragedy, there are other reasons we, as Americans, might not look back to 2020 and this year as well. For one thing, pandemic profiteering was so gross and widespread that to consider it closely, even in retrospect, might lead to demands for wholesale change that no one in authority, no one in this (or possibly any other recent U.S. government) would be prepared or motivated to undertake.

In just the pandemic year 2020, this country’s billionaires managed to add at least a trillion dollars to their already sizeable wealth in a land of ever more grotesque inequality. Amazon’s Jeff Bezos alone packed in another $70 billion that year, while so many other Americans were locked down and draining savings or unemployment funds. The CEOs of the companies that produced the medical milestone mRNA vaccines reaped hundreds of millions of dollars in profits by timing stock moves to press releases about vaccine efficacy.

No one today dares ask such rich men to sacrifice for the rest of us or for the rest of the world.

The pandemic might, of course, have offered an opportunity for the government and corporate leaders to reconsider the shareholder model of for-profit medicine. Instead, taxpayer money continued to flow in staggering quantities to a small group of capitalists with almost no strings attached and little transparency.

A nation brought to its knees may not have the resources, let alone the will, to accurately remember how it all happened. Congress is now investigating some of the Trump administration’s pandemic deals. The House Select Committee on the Coronavirus Crisis has uncovered clear evidence of its attempts to cook and politicize data. And Senator Elizabeth Warren led somewhat fruitful efforts to expose deals between the Trump administration and a small number of health-care companies. But sorting through the chaos of capitalist mischief as the pandemic hit, all those no-bid contracts cut without agency oversight, with nothing more than a White House stamp of approval affixed to them, will undoubtedly prove an Augean stables of a task.

In addition, looking too closely at the tsunami of money poured into Big Pharma that ultimately did produce effective vaccines could well seem churlish in retrospect. The very success of the vaccines may blunt the memory of that other overwhelming effect of the pandemic, which was to blow a hole in America’s already faded reputation as a health-care leader and as a society in which equality (financial or otherwise) meant anything at all.

Forgetting might prove all too comfortable, even if remembering could prompt a rebalancing of priorities from, for instance, the military-industrial complex, which has received somewhere between 40% and 70% of the U.S. discretionary budget over the last half century, to public health, which got 3% to 6% of that budget in those same years.

The Most Medically Protected Generation

For most Americans, the history of the 1918 flu shares space in that ever-larger tomb of oblivion with the history of other diseases of our great-grandparents’ time that vaccines have now eradicated.

Until the twentieth century, very few people survived childhood without either witnessing or actually suffering from the agonies inflicted by infectious diseases. Parents routinely lost children to disease; people regularly died at home. Survivors — our great-grandparents — were intimately acquainted with the sights, smells, and sounds associated with the stages of death.

Viewed from above, vaccines are a massive success story. They’ve been helping us live longer and in states of safety that would have been unimaginable little more than a century ago. In 1900, U.S. life expectancy was 46 years for men and 48 for women. Someone born in 2019 can expect to live to between 75 and 80 years old, although due to health inequities, lifespans vary depending on race, ethnicity, and gender.

The scale of change has been dramatic, but it can be hard to see. We belong to the most medically protected generation in human history and that protection has made us both complacent and risk averse.

The history of twentieth-century vaccine developments has long seesawed between remarkable advances in medical science and conspiracy theories and distrust engendered by its accidents or failures. Almost every new vaccine has been accompanied by reports of risks, side effects, and sometimes terrible accidents, at least one involving tens of thousands of sickened people.

Children, however, are now successfully jabbed with serums that create antibodies to hepatitis B, measles, mumps, rubella, diphtheria, tetanus, pertussis — all diseases that well into the twentieth century spread through communities, killing babies or permanently damaging health. A number of those are diseases that today’s parents can barely pronounce, let alone remember.

Remembering Is the Way Forward

The catastrophe of the Spanish flu globally and in this country (where perhaps 675,000 Americans were estimated to have died from it) had, until Covid-19 came along, been dropped in a remarkable manner from American memory and history. It lacked memorial plaques or a day of remembrance, though it did leave a modest mark on literature. Pale Horse, Pale Rider, Katherine Anne Porter’s elegiac short story, for instance, focused on how the flu extinguished a brief wartime love affair between two young people in New York City.

We are very likely to overcome the virus at some point in the not-too-distant future. As hard as it might be to imagine right now, the menace that shut down the world will, in the coming years, undoubtedly be brought to heel by vaccines on a planetary scale.

And in this, we’ve been very, very lucky. Covid-19 is relatively benign compared with an emergent virus with the death rates of a MERS or Ebola or even, it seems, that 1918 flu. As a species, we will survive this one. It’s been bad — it still is, with cases and hospitalizations remaining on the rise in parts of this country — but it could have been so much worse. Sociologist and writer Zeynep Tufekci has termed it “a starter pandemic.” There’s probably worse ahead in a planet that’s under incredible stress in so many different ways.

Under the circumstances, it’s important that we not drop this pandemic from memory as we did the 1918 one. We should remember this moment and what it feels like because the number of pathogens waiting to jump from mammals to us is believed to be alarmingly large. Worse yet, modern human activity has made us potentially more, not less, vulnerable to another pandemic. A University of Liverpool study published in February 2021 found at least 40 times more mammal species could be infected with coronavirus strains than were previously known. Such a virus could easily recombine with any of them and then be passed on to humanity, a fact researchers deemed an immediate public health threat.

In reality, we may be entering a new “era of pandemics.” So suggests a study produced during an “urgent virtual workshop” convened in October 2020 by the United Nations Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (ISPBES) to investigate the links between the risk of pandemics and the degradation of nature. Due to climate change, intense agriculture, unsustainable trade, the misuse of land, and nature-disrupting production and consumption habits, more than five new infectious diseases emerge in people every year, any one of which could potentially spark a pandemic.

That ISPBES study predicted that “future pandemics will emerge more often, spread more rapidly, do more damage to the world economy, and kill more people than Covid-19, unless there is a transformative change in the global approach to dealing with infectious diseases.”

Is our species capable of such a change? My inner misanthrope says no, but certainly the odds improve if we don’t delete this pandemic from history like the last one. This, after all, is the first pandemic in which the Internet enabled us to bear witness not only to the panic, illness, and deaths around us, but to the suffering of our entire species in every part of the globe in real time. Because of that alone, it will be difficult to evade the memory of this collective experience and, with it, the reminder that we are all made of the same vulnerable stuff.



Follow TomDispatch on Twitter and join us on Facebook. Check out the newest Dispatch Books, John Feffer’s new dystopian novel Frostlands (the second in the Splinterlands series), Beverly Gologorsky’s novel Every Body Has a Story, and Tom Engelhardt’s A Nation Unmade by War, as well as Alfred McCoy’s In the Shadows of the American Century: The Rise and Decline of U.S. Global Power and John Dower’s The Violent American Century: War and Terror Since World War II.

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