NYPD – What Now?

January 29, 2015

Two weeks ago I described my concerns about the New York City Police Department. It’s actually a much bigger problem – police all over the country have been using their power and their guns instead of their heads. Many people in our communities have been paying the price for years. Big problem, all over the place, persistent, rooted in the system, so are we stuck with it?

So let me offer some suggestions.

First, police brass can act. They can look at the records to see which policemen frequently charge people with the kind of minor crimes police use to cover up their own abusive behavior – charges like resisting arrest.[1] The brass could demand that police make good relations with people on the street a priority. Unfortunately, however, that won’t work without buy-in by a large portion of the department. Otherwise it will disappear – resisted, pushed out, forgotten.

By comparison, Vietnam taught the generals the importance of race relations – you can’t have a multi-racial military with an internal race war. Soldiers who’d be happier if the next guy in the foxhole took it for Old Glory are not “with the program.” That’s an internal problem rather than community relations but it’s instructive. The military didn’t get all ideological about how to do it and they didn’t run up the old race pride. They just asked what works.

So they made race relations a part of the responsibility of every officer. You want a promotion? You’re going to have to see to it that all the soldiers in your unit work together, that all the talent gets recognized, and promoted, regardless of color. And they got buy-in because people throughout the military understood the need.

Often when I run into people in the service I ask them about it. Blacks tell me life is much more civilized in military than in civilian life. They know that their accomplishments will be respected, that it’s worth their effort and cooperation.

For the police, responsibility would have to include relations with the communities served, and all the people in them. Imagine police having to think about community relations when they decide to stop and frisk someone because he’s Black or isn’t dressed nice, or before they pull a gun on or kill someone who is unarmed.

Unfortunately, I’m not confident we could get buy-in for such a good top to bottom renovation of the Force. Let me offer a wake-up call. New York City created community school boards, decentralizing the school system, a few years back. They put the communities in charge of the schools. That had problems but it had one big advantage – it broke up pre-existing power centers. It meant that people had to pay attention to the community. Imagine if the police had to make nice to the communities they serve. That’s an interesting suggestion, isn’t it? And the responses would highlight the problems. First the prejudices would show – “they,” meaning minority communities of course, can’t handle that. Some officers would have to bury those attitudes. That alone might do a lot of good. And police would respond that their perks are at stake. Well that is the problem – one of their perks has been the ability to abuse people without consequences.

Whatever you do in your community, apologies don’t solve the problem – get police attention with a significant proposal that puts the community in charge and let the police try to fight that with guns ablaze!

— This commentary was broadcast on WAMC Northeast Report, January 27, 2015.

[1] See “NYPD Disciplinary Problems Linked To A ‘Failure Of Accountability’” with Robert Lewis and guests Darvel Elliot, Samuel Walker, Candace McCoy, Richard Emery and William Bratton, on Morning Edition, January 16, 2015, 10:00 AM EST (National Public Radio).


Police Accountability

January 6, 2015

I’ve been reading a case decided in the European Court of Human Rights. It involved opposing libel suits arising out of claims of police brutality in Bergen, Norway.[1] The opinion of four judges, whose names I will not try to pronounce, struck me. The judges pointed out that the purpose of the libel suits brought by the police officers “was to suppress the debate on this issue….” But they pointed out that the government has “a monopoly over force” and that monopoly “also entails the danger of force being abused to the detriment of the very values it is meant to uphold.” Therefore “abuse of force by officials is not just one of many issues of broad general interest.” Instead, “it is … a matter of primary concern in any society.” Keeping authorities in check is particularly important for a democracy. And the ability to hold the states’ use of force in check requires protecting those who raise the alarm.

The European Commission for Democracy Through Law observed that “In numerous states … [there is a] general ban on the creation of para‑military formations.”[2] That’s because they are armed and dangerous.

So the judges in the Bergen case emphasized the “vital need for every society to exercise strict supervision over all use of force in the name of society.” Critics of official abuse need to be protected. The 1984 United Nations Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment specifically protects the right to complain.

But not about the New York City police.

It’s time we learn that there are wonderful police, and there are terrible police. But the culture of silence by which they protect each other against any and all criticism makes the wonderful police into allies of the terrible police. They’re unaccountable to each other and they’re unaccountable to the rest of us.

You and I can’t go walk down the street saying that guy down there could be armed, so if he puts his hands in his pocket I’m going to kill him. That’s not self-defense; that’s murder. But the police, who have sworn to defend us, insist they have that right to kill on the mere possibility that someone could be armed with evil intent. They insist they do not even have to account for it or defend themselves – it is disloyalty even to criticize or call for an investigation as Mayor de Blasio has done.

What the police are doing is showing that they are a special interest, not public servants. Everyone else is accountable, from the President down to the janitor, everyone is subject to investigation and criticism, everyone’s methods are open for revision. Heads of government departments and heads of corporations are accountability to us, to the public. But not the guys that claim the right to kill us. That has a clear meaning for me – I don’t trust them. They have a code of silence and self-protection and they just dare us even to question them. That means they should not be trusted. Just one more special interest trying to bilk the public. New York City’s Police have LOST my respect.

Soldiers in the military, regardless of politics, do not turn their backs on the Commander-in-Chief. That’s unacceptable. But it’s typical of the NYPD – they’re spoiled, dangerous and out of control.

— This commentary was broadcast on WAMC Northeast Report, January 6, 2015.

[1] Opinion of Judges Kūris, Türmen, Strážnická and Greve, dissenting in Nilsen and Johnsen v. Norway, [1999] ECHR 23118/93[GC] (25 NOVEMBER 1999).

[2] Explanatory Report, incorporated as part III of Guidelines On Prohibition And Dissolution Of Political Parties, note 361 above, at ¶11, available at http://www.venice.coe.int/docs/2000/CDL-INF(2000)001-e.pdf.


ISL and US Foreign Policy

September 16, 2014

America decided to deal with the Native Americans by war and exile. It took three centuries, as succeeding generations of Indians realized that the White Man would honor no treaty and give them no peace.

Israel has tried since the 1960s to deal with what initially were relatively isolated attacks, by holding every country in the neighborhood responsible, and responding massively to each attack. Six decades later the problem has widened. Unlike the Native Americans, the Palestinians have major allies.

We have repeatedly responded with military force to foreign problems only to see them spin out of control and make things much worse. Read the rest of this entry »


Tears for Ukrainian Democracy

May 13, 2014

Let’s return to Ukraine once more.

Americans cheered at former Ukrainian president Viktor Yanukovych’s ouster. Here’s why that was a mistake.

When Yanukovych decided not to sign the pact with the EU, Ukrainians had several options. Two constitutional processes were available. They could have tried to impeach him. Or they could have defeated him at the polls. Yanukovych was elected for a five year term in 2010. Elections were scheduled for March 2015. They could have waited the extra year. Those were democratic ways to deal with disappointment with him.

Instead, Ukrainians who wanted to join the EU took to the streets. They had every right to demonstrate. Demonstrations are the democratic form of protest. But the crowds wanted more – not just to make their views known and felt, they wanted to settle the matter before and outside of elections. In an election they would have had to allow people they disagreed with to vote. That of course would have given legitimacy to the result. It might also have meant some compromise. Sharing the ballot and compromise are essential in democracy, though there are plenty who don’t get that point even here. Read the rest of this entry »


Our Stake in Each Other’s Welfare

October 8, 2013

Do we have a stake in each other’s future or only in our own? That is a central question of American politics. The Tea Party’s tossing of the entire American budget into the sea over the issue of Obamacare is an effort to say no, we have no stake in each other’s welfare. To claim a stake in each other’s welfare is socialism. Although the political waters warrant silence from many elected officials about it, that same cry has been leveled and is being leveled against other American efforts to help each other. Social security, socialism. Medicare and Medicaid, socialism. Indeed, there is no logical reason to draw the line there and many don’t. National parks, socialism. Veterans’ benefits, socialism. Head start, socialism. Why stop there? Public schools, socialism. Public hospitals, government health departments and laboratories, socialism. It’s all socialism in the heads of the true believers. So let me repeat that question – do we have a stake in each other’s future or only our own? Read the rest of this entry »


The White House Butler

September 3, 2013

My wife and I went to see The Butler Saturday evening. There were important differences between the lives of the actual Butler, Eugene Allen, who served eight presidents, and Cecil Gaines, the butler in the film. But those differences actually got to larger truths it is worth thinking about.

In the film Cecil learns from the rape of his mother and the murder of his father what he has to do to survive in the white world. He creates a safe place for his family and is distraught when his son puts body and soul at risk in the Civil Rights Movement. That didn’t happen to Eugene Allen but it did happen to hordes of African-Americans in the South and many elsewhere. The demonstrators, trained to be peaceful and nonviolent, to take it without giving it back, were met with bombings, beatings, murders and jail. And their families were in anguish. Read the rest of this entry »


Dealing with the Egyptian Miliary

August 20, 2013

If we can believe the observations of commentators over more than two centuries, Americans have always wanted to be liked. We want people to like us, not to fear or feel coerced by us. That works well for a democracy where politicians want people to vote for them.

But liking each other is almost irrelevant to negotiations. Lawyers constantly negotiate with people they don’t like. What’s crucial is that we trust each other’s honesty and ethics. The principle difference is that liking the people you’re negotiating with makes it harder to see their motive to do you harm.

The Egyptian generals don’t have to like us. And at least in the short term, they don’t much need us. They will do what they think their own interests require and won’t much be bothered by whether they have warm feelings for America. So if I were in the White House, aside from having a stroke from the stress, I wouldn’t give a bleep for whether the generals like us. Read the rest of this entry »


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