May 052021
 

Glenn Kirschner – More on Rudy and Search Warrants

Glenn Kirschner – Judge Jackson and Bill Barr

The Lincoln Project – “Mourning in America” one year later (no CC – and the transcriotion site is borked – I did try)

The Republican Accountability Project – Liz Cheney

Lakota Peoples Law Project – Needed to be said.

Top Ten Cat Superpowers

Beau on spurious correlations (the one I always trot out is that the number of teachers in the United States correlates very strongly indeed to the number of alcoholics in the United States – because both correlate to total population.)

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Apr 282021
 

This is 43 seconds and no, I haven’t lost my mind. Stay to the end and watch the faces. You may need to watch the faces a second time to get the full flavor. And no, there’s no CC, and I don’t want to put a spoiler here, but there’s one here

The Lincoln Project – “McCarthy”

Ring of Fire – more on McCarthy (et al)

The Damage Report – I did see this yesterday, but TC was having nausea, so I held it.

Lawrence O’Donnell – “A moral moment.” Also – “The team is still intact.”

Armageddon Update – from last Friday.but worth seeing just for the domino demonstration at the end. Feel free to skip.

Beau on Qualified Immunity

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Apr 242021
 

The Lincoln Project – “His Psrty”

The Republican Accountability Project – THAT press conference

Really American – “Tough Guys” (I really don’t know what this trend with no CC is here)

Meidas Touch – This is the first of three from Roland, all three of which I will eventually wor in. And of course he is right about this. And it is no excuse to call it the fault of black people. It is anything but that.

Now This News – Racist? Sexist? (spoiler – both)

This was funny when she first reported it … and now that Jimmy Kimmel has picked it up, it’s even funnier. (I set it to start when he brings up Ursula … you can turn it off when he finishes with Ursula)

Beau on why the Chauvin verdict doesn’t feel like winning

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Everyday Erinyes #263

 Posted by at 10:45 am  Politics
Apr 242021
 

Experts in autocracies have pointed out that it is, unfortunately, easy to slip into normalizing the tyrant, hence it is important to hang on to outrage. These incidents which seem to call for the efforts of the Greek Furies (Erinyes) to come and deal with them will, I hope, help with that. As a reminder, though no one really knows how many there were supposed to be, the three names we have are Alecto, Megaera, and Tisiphone. These roughly translate as “unceasing,” “grudging,” and “vengeful destruction.”

The trial of Derek Chauvin is now over. The verdict was on one level expectable (God knows there was more than enough evidence and it was very clear), and yet, in our unwell society, unexpected. Let’s look at some takeaways while it is fresh in our minds.
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Why this trial was different: Experts react to guilty verdict for Derek Chauvin

A woman reacts to the news that Derek Chauvin was found guilty on all three counts in the murder of George Floyd.
Scott Olson/Getty Images

Alexis Karteron, Rutgers University – Newark ; Jeannine Bell, Indiana University; Rashad Shabazz, Arizona State University, and Ric Simmons, The Ohio State University

Scholars analyze the guilty verdicts handed down to former Minneapolis police officer Derek Chauvin in the 2020 murder of George Floyd. Outside the courthouse, crowds cheered and church bells sounded – a collective release in a city scarred by police killings. Minnesota’s attorney general, whose office led the prosecution, said he would not call the verdict “justice, however” because “justice implies restoration” – but he would call it “accountability.”

Race was not an issue in trial

Alexis Karteron, Rutgers University – Newark

Derek Chauvin’s criminal trial is over, but the work to ensure that no one endures a tragic death like George Floyd’s is just getting started.

It is fair to say that race was on the minds of millions of protesters who took to the streets last year to express their outrage and pain in response to the killing. Many felt it was impossible for someone who wasn’t Black to imagine Chauvin’s brutal treatment of George Floyd.

But race went practically unmentioned during the Chauvin trial.

This should not be surprising, because the criminal legal system writes race out at virtually every turn. When I led a lawsuit as a civil rights attorney challenging the New York Police Department’s stop-and-frisk program as racist, the department’s primary defense was that it complied with Fourth Amendment standards, under which police officers need only “reasonable suspicion” of criminal activity to stop someone. Presence in what police say is a “high-crime area” is relevant to developing reasonable suspicion, as is a would-be subject taking flight when being approached by a police officer. But the correlation with race, for a host of reasons, is obvious to any keen observer.

American policing’s most pressing problems are racial ones. For some, the evolution of slave patrols into police forces and the failure of decadeslong reform efforts are proof that American policing is irredeemable and must be defunded. For others, changes to use-of-force policies and improved accountability measures, like those in the proposed George Floyd Justice in Policing Act, are enough.

Different communities across the country will follow different paths in their efforts to prevent another tragic death like George Floyd’s. Some will do nothing at all. But progress will be made only when America as a whole gets real about the role of race – something the legal system routinely fails to do.

Derek Chauvin had his knee on George Floyd for 9 minutes, 29 seconds.

Why this trial was different

Ric Simmons, The Ohio State University

The guilty verdicts in the Chauvin trial are extraordinary, if unsurprising, because past incidents of police lethal use of force against unarmed civilians, particularly Black civilians, have generally not resulted in criminal convictions.

In many cases, the prosecuting office has been reluctant or halfhearted in pursuing the case. Prosecutors and police officers work together daily; that can make prosecutors sympathetic to the work of law enforcement. In the Chauvin case, the attorney general’s office invested an overwhelming amount of resources in preparing for and conducting the trial, bringing in two outside lawyers, including a prominent civil rights attorney, to assist its many state prosecutors.

Usually, too, a police officer defendant can count on the support of other police officers to testify on his behalf and explain why his or her actions were justified. Not in this case. Every police officer witness testified for the prosecution against Chauvin.

Finally, convictions after police killings are rare because, evidence shows, jurors are historically reluctant to substitute their own judgment for the split-second decisions made by trained officers when their lives may be on the line. Despite the past year’s protests decrying police violence, U.S. support for law enforcement remains very high: A recent poll showed that only 18% of Americans support the “defund the police” movement.

But Chauvin had no feasible argument that he feared for his life or made an instinctive response to a threat. George Floyd did nothing to justify the defendant’s brutal actions, and the overwhelming evidence presented by the prosecutors convinced 12 jurors of that fact.

A woman holding a sign reading 'Silence is violence' and 'BLM' stands in front of a crowd
The death of George Floyd sparked protests around the U.S. and across the world, including this June 2020 rally in Germany.
AP Photo/Martin Meissner

The ‘thin blue line’ kills

Jeannine Bell, Indiana University

Like other high-profile police killings of African Americans, the murder of George Floyd revealed a lot about police culture – and how it makes interactions with communities of color fraught.

Derek Chauvin used prohibited tactics – keeping his knee on Floyd’s neck when he had already been subdued – to suffocate a man, an act the jury recognized as murder. Three fellow Minneapolis Police Department officers watched as Chauvin killed Floyd. Rather than intervene themselves, they helped him resist the intervention of upset bystanders and a medical professional. They have been charged with aiding and abetting a murder.

The police brotherhood – that intense and protective “thin blue line” – enabled a public murder. Police Chief Medaria Arradondo, unusually, broke this code of silence when he testified against Chauvin.

Research shows that even if officers see a fellow officer mistreating a suspect and want to intervene, they need training to teach them how to do so effectively. The city of New Orleans is now training officers to intervene. Once training is in place, police departments could also make intervention in such situations mandatory.

When some officers stand by as other officers ignore their training, the consequences can be dangerous – and potentially lethal – for civilians.

A sheriff's deputy handcuffs Derek Chauvin in the courtroom, while Chauvin speaks to his attorney
After the verdicts were read, Derek Chauvin was taken into police custody to await sentencing.
Court TV via AP, Pool

Minnesota faces its racism

Rashad Shabazz, Arizona State University

This verdict reflects a little-known truth about Minneapolis: As the city and metro region have become Blacker and more diverse, police violence against Black people has intensified. This is not to suggest that things have always been good for Black Minneapolis residents. Indeed, Minneapolis’ Black population – a group without political power or visibility – has faced segregation, police violence and Northern Jim Crow policies in its downtown music venues for decades.

White Minnesotans and Minneapolitans developed a false belief that somehow they were above racism; that their form of neighborliness known as “Minnesota nice” was an antidote to anti-Blackness and that – most of all – race didn’t matter in a place as nice as Minnesota.

That false assumption was easy to believe when the Black population was small, contained and largely out of sight. But Black Minneapolis’ population growth in recent decades, and the torrent of police violence that has followed, proved otherwise.

The murder of George Floyd last year and Daunte Wright’s killing in a nearby community last week demonstrate that despite the state’s liberal posture and Lutheran ethic, institutional anti-Black racism is as Minnesotan as ice fishing, untaxed groceries and “ya, sure, youbetcha” memes.

[Understand key political developments, each week. Subscribe to The Conversation’s election newsletter.]The Conversation

Alexis Karteron, Associate Professor of Law, Rutgers University – Newark ; Jeannine Bell, Professor of Law, Maurer School of Law, Indiana University; Rashad Shabazz, Associate Professor at the School of Social Transformation, Arizona State University, and Ric Simmons, Professor of Law, The Ohio State University

This article is republished from The Conversation under a Creative Commons license. Read the original article.

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Alecto, Megaera, and Tisiphone, I can’t agree with Alexas Karteron. Race may not have been used as an issue, but it was still very much an issue. Ric Simmons is right on about the attorney general’s involvement making a difference – and especially whan that AG is Keith Ellison. Jeannine Bal is not only right but has put her finger at or close to the heart of our biggest problem in the US. I hope Rashad Shabazz is right … but I’ll believe it when I see it.

The Furies and I will be back.

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Apr 232021
 

Yes, i have one for today.  But I thought , after forgetting to post this one yesterday, I’d get it up first.

Glenn Kirschner was on TV all day on 4/20 – he did post this on 4/20, but quite late.

Then yesterday he did this video – so, in case anyone was wondering.

This video is over 12 minutes, but it’s a twelve minutes well spent. Apparently Karma knows better that we do exactly whenand where is the right time and place for a person to be – first Merrick Grland, now Keith Ellison.
(I can already hear Republicans screaming “Sharia Law !!”

Meidas Touch – I wish every Republican voter could see this.

Really American

Republican Accountability Project

Orange Acres Episode 4 Part 3

Beau on “We write the report.” I actually read the reprt, which required a magnifier (and was then blurry.) This will spare you that, I hope.

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Apr 212021
 

Starting with two that were put up after I posted last week … all three relate to Asian-Americans
Pandemic Video Diaries: When the Pandemic Ends, Work Begins

Sam’s Love Letter To Chinatown

And now, four new ones, put up tonight. I will not guarantee that more won’t show up during the week. I’ll get to them when they appear.
Reality Winner: The Story of an NSA Whistleblower as told by Samantha Bee (Director’s Cut)

Sam Gives Full Frontal the Presidential Treatment (“Cold Open”)

Washington D.C. Needs to (Puff Puff) Pass Marijuana Legalization Pt. 1

Washington D.C. Needs to (Puff Puff) Pass Marijuana Legalization Pt. 2

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Everyday Erinyes #262

 Posted by at 10:24 am  Politics
Apr 172021
 

Experts in autocracies have pointed out that it is, unfortunately, easy to slip into normalizing the tyrant, hence it is important to hang on to outrage. These incidents which seem to call for the efforts of the Greek Furies (Erinyes) to come and deal with them will, I hope, help with that. As a reminder, though no one really knows how many there were supposed to be, the three names we have are Alecto, Megaera, and Tisiphone. These roughly translate as “unceasing,” “grudging,” and “vengeful destruction.”

The trial of Derek Chauvin is scheduled to go to closing arguments Monday. While I doubt if anyone here watched every minute of the stream, we have probably sll been following it So I won’t comment much  What I do have to say will be after the end of the article.
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Derek Chauvin trial: 3 questions America needs to ask about seeking racial justice in a court of law

A demonstration outside the Hennepin County Government Center in Minneapolis on March 29, 2021, the day Derek Chauvin’s trial began on charges he murdered George Floyd.
Stephen Maturen/Getty Images

Lewis R. Gordon, University of Connecticut

There is a difference between enforcing the law and being the law. The world is now witnessing another in a long history of struggles for racial justice in which this distinction may be ignored.

Derek Chauvin, a 45-year-old white former Minneapolis police officer, is on trial for second-degree murder, third-degree murder, and second-degree manslaughter for the May 25, 2020, death of George Floyd, a 46-year-old African American man.

There are three questions I find important to consider as the trial unfolds. These questions address the legal, moral and political legitimacy of any verdict in the trial. I offer them from my perspective as an Afro-Jewish philosopher and political thinker who studies oppression, justice and freedom. They also speak to the divergence between how a trial is conducted, what rules govern it – and the larger issue of racial justice raised by George Floyd’s death after Derek Chauvin pressed his knee on Floyd’s neck for more than nine minutes. They are questions that need to be asked:

1. Can Chauvin be judged as guilty beyond a reasonable doubt?

The presumption of innocence in criminal trials is a feature of the U.S. criminal justice system. And a prosecutor must prove the defendant’s guilt beyond a reasonable doubt to a jury of the defendant’s peers.

The history of the United States reveals, however, that these two conditions apply primarily to white citizens. Black defendants tend to be treated as guilty until proved innocent.

Racism often leads to presumptions of reasonableness and good intentions when defendants and witnesses are white, and irrationality and ill intent when defendants, witnesses and even victims are black.

An activist watching the trial on a cellphone outside the government building in Minneapolis where the trial is taking place.
An activist watches the murder trial of former Minneapolis police officer Derek Chauvin outside the Hennepin County Government Center in Minneapolis on March 30, 2021.
Kerem Yucel / AFP/via Getty Images

Additionally, race affects jury selection. The history of all-white juries for black defendants and rarely having black jurors for white ones is evidence of a presumption of white people’s validity of judgment versus that of Black Americans. Doubt can be afforded to a white defendant in circumstances where it would be denied a black one.

Thus, Chauvin, as white, could be granted that exculpating doubt despite the evidence shared before millions of viewers in a live-streamed trial.

2. What is the difference between force and violence?

The customary questioning of police officers who harm people focuses on their use of what’s called “excessive force.” This presumes the legal legitimacy of using force in the first place in the specific situation.

Violence, however, is the use of illegitimate force. As a result of racism, Black people are often portrayed as preemptively guilty and dangerous. It follows that the perceived threat of danger makes “force” the appropriate description when a police officer claims to be preventing violence.

This understanding makes it difficult to find police officers guilty of violence. To call the act “violence” is to acknowledge that it is improper and thus falls, in the case of physical acts of violence, under the purview of criminal law. Once their use of force is presumed legitimate, the question of degree makes it nearly impossible for jurors to find officers guilty.

Floyd, who was suspected of purchasing items from a store with a counterfeit $20 bill, was handcuffed and complained of not being able to breathe when Chauvin pulled him from the police vehicle and he fell face down on the ground.

Footage from the incident revealed that Chauvin pressed his knee on Floyd’s neck for nine minutes and 29 seconds. Floyd was motionless several minutes in, and he had no pulse when Alexander Kueng, one of the officers, checked. Chauvin didn’t remove his knee until paramedics arrived and asked him to get off of Floyd so they could examine the motionless patient.

If force under the circumstances is unwarranted, then its use would constitute violence in both legal and moral senses. Where force is legitimate (for example, to prevent violence) but things go wrong, the presumption is that a mistake, instead of intentional wrongdoing, occurred.

An important, related distinction is between justification and excuse. Violence, if the action is illegitimate, is not justified. Force, however, when justified, can become excessive. The question at that point is whether a reasonable person could understand the excess. That understanding makes the action morally excusable.

Minneapolis Police Chief Medaria Arradondo in the witness box at the Chauvin trial, fingering his badge.
Minneapolis Police Chief Medaria Arradondo testified,
Court TV via AP, Pool

3. Is there ever excusable police violence?

Police are allowed to use force to prevent violence. But at what point does the force become violence? When its use is illegitimate. In U.S. law, the force is illegitimate when done “in the course of committing an offense.”

Sgt. David Pleoger, Chauvin’s former supervisor, stated in the trial: “When Mr. Floyd was no longer offering up any resistance to the officers, they could have ended their restraint.”

Minneapolis Police Chief Medaria Arradondo testified, “To continue to apply that level of force to a person proned-out, handcuffed behind their back, that in no way, shape or form is anything that is by policy.” He declared, “I vehemently disagree that that was an appropriate use of force.”

That an act was deemed by prosecutors to be violent, defined as an illegitimate use of force resulting in death, is a necessary conclusion for charges of murder and manslaughter. Both require ill intent or, in legal terms, a mens rea (“evil mind”). The absence of a reasonable excuse affects the legal interpretation of the act. That the act was not preventing violence but was, instead, one of committing it, made the action inexcusable.

The Chauvin case, like so many others, leads to the question: What is the difference between enforcing the law and imagining being the law? Enforcing the law means one is acting within the law. That makes the action legitimate. Being the law forces others, even law-abiding people, below the enforcer, subject to their actions.

If no one is equal to or above the enforcer, then the enforcer is raised above the law. Such people would be accountable only to themselves. Police officers and any state officials who believe they are the law, versus implementers or enforcers of the law, place themselves above the law. Legal justice requires pulling such officials back under the jurisdiction of law.

The purpose of a trial is, in principle, to subject the accused to the law instead of placing him, her, or them above it. Where the accused is placed above the law, there is an unjust system of justice.

This article has been updated to correct the charges Chauvin is facing.

[Deep knowledge, daily. Sign up for The Conversation’s newsletter.]The Conversation

Lewis R. Gordon, Professor of Philosophy, University of Connecticut

This article is republished from The Conversation under a Creative Commons license. Read the original article.

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Alecto, Megaera, and Tisiphone, to me one of the best moments in the trial was during the cross examination of the defense’s final expert witness, who cied an expert who “used to” believe in “positionary asphyxiation, but has retracted his statements.” The prosecution was ready for that. They had an affadavidt from the cited expert which included “many people have said that I retracted [my statements on positionary asphyxiation, but in fact I have never retracted and do not retract any of my statements on the matter.” How can you not love a trial attorney on either side who does his homework in anticipation of it beeing needed to ensure that truth gets told?

There is no guarantee exactly how a jury will vote, but I am feeling some hope … tempered by finding it difficult to trust a jury.  We shall see.  We shall all see.

The Furies and I will be back.

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