Guns and Vegas

October 10, 2017

Why, after Vegas, Sandy Hook and other mass killings of decent men, women and children, is it so hard to get real gun control?

The NRA was  an association of hunters and sportsman, reasonable and trustworthy neighbors. Now the NRA, its leaders and vocal supporters argue Americans should have the right to buy any kind of firearm from tanks and machine guns to silencers. Where did that come from?

A good bet might be manufacturers. Despite the praise Republicans like to lavish on the free market, too many businesses look at profits before safety, honor or humanity. That can make life miserable without

But part of their audience is quite radical, some of which goes back to the Civil War. President Andrew Johnson sent General Carl Schurz to report on conditions in the South following the War. Schurz reported that southern slave-owners continued riding patrol to force the former slaves back to their plantations. Those informal groups gradually coalesced into organizations that fought, killed and intimidated African-Americans and their white supporters in order to regain white control of the former Confederate States. In such notorious events as the Colfax Massacre, many were killed in order to return Colfax County to white slaveowner control. Those groups eventually became the KKK and similar organizations which terrorized African-Americans in the former Confederacy and border states for a century. The Klan never really disappeared despite passage of the Civil Rights Laws. The connection between the battle to keep the South white, the flag of the Confederacy and the sight of guns is no accident. Trump’s campaign and victory re-invigorated these white supremacists, and the Alt-Wrong.

They want tanks, machine guns and other massively destructive weapons to prevent tyranny, by which they mean federal tyranny, so they need the capacity to fight the federal government.[1] One problem of course is that’s another civil war. Another is that their definition of tyranny isn’t one most of us would accept. Many believe that tyranny is here.

That radical segment of gun-owners are not patriots. They are not supporters of government of, by and for the people that we created in 1787 and improved by Amendment after the Civil War. Their ideal is government by white supremacists to the exclusion of everyone else. And that’s aimed at most of us – those of us whose views are more welcoming, and those who don’t satisfy the supremacists’ view of Christianity. They’re also aimed at resolving political disputes by taking the law into their own hands.[2] Politically, if we don’t protect each other, who will protect those of us who remain? This political and cultural crisis is existential. The America most of us admire and care about is an America they despise and want to conquer. That’s what tanks and machine guns are for.

The radicals’ resistance to sharing America with the rest of us leads to armed rebellions, like those of Cliven Bundy and his supporters, or self-styled “sovereign citizens” who routinely refuse to respect the law. There is nothing peace-loving or law-abiding about the radicals.

The mood of the country has been changing, witness the removal of many Confederate flags and monuments. But that stimulates the haters. They’re losing control and they hate that, and us. Reasonable and trustworthy gun owners would do better to distance themselves from the radicals who have taken a prominent and threatening role in the debate over weapons.

— This commentary was broadcast on WAMC Northeast Report, October 10, 2017.

[1] One NRA member from Texas told an NPR reporter, “As far as I’m concerned, if you can afford to buy a tank, you should be able to buy a tank.” He explained: “the Second Amendment was put in not to hunt, not to go plink at cans, not to shoot at targets. If and when tyranny tries to take over our country, we can fight it.” A recent NRA President, Jim Porter wanted people to be “ready to fight tyranny.” When he was NRA vice-president, Porter told an audience that “We got the pads put on, we got our helmets strapped on, we’re cinched up, we’re ready to fight, we’re out there fighting every day.”

[2] NPR’s Wade Goodwyn reported that speakers at a recent NRA convention “emphasized their belief that there are two Americas: the righteousness of the right and the decadence of the left.” In other words, one of the strands of fanaticism behind the NRA is political – not just that gun rights are political, but that the purpose of having gun rights is political, to change the society from one they dislike to one they like.

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Can American Democracy Survive Trump?

June 13, 2017

Will democracy in America survive?

First remember that democracy matters. No human institutions are perfect but democracy makes it possible to remove officials without going to war. Democracy doesn’t mean anyone alone can make good things happen. Democracy reflects the collective power of people. Collectively, if the rules are followed that protect speakers, publishers, candidates and fair elections, democracy gives us the possibility – though nothing is certain – of throwing the bastards out. That’s important.

The survival of democracy depends on leaders, institutions, and the circumstances that bring out the best and worst in us. What chance do we have?

We should have been warned when Trump repeatedly expressed admiration for dictators in Russia, the Near East and Eastern Europe, when Trump invited an enemy to break into a candidate’s email and interfere in an American election, and suggested his supporters use their “Second Amendment rights” to put him into power. We should have been warned when Trump put people with strong ties to hostile powers at the top of his Administration and gave them access to American military and intelligence secrets. We should have been warned when Trump put an attorney hostile to justice in charge of the Justice Department and installed many military leaders in his government. We can’t rely on this casino mogul turned would-be strongman to preserve American democratic government.

It’s unclear whether our institutions will protect us. The Turkish military protected Turkish democracy for a century, but that tradition is now gone. Members of Trump’s party control both houses of Congress where their commitment to their party compromises their commitment to democracy. Congress seems unlikely to protect us. The Court is dominated by members of the President’s party and their treatment of the Constitution’s due process clauses has been more a threat to decent citizens than a limitation on the powers of would-be dictators.

The circumstances in which we find ourselves have ripped democracies apart across the globe. The concentration of wealth and power we have long seen and condemned abroad has become a reality here. The more that wealth and power are concentrated, the more that the wealthy and powerful circle their wagons to protect their ill-gotten gains against the rest of us, spewing nonsense about supposed trickle-down economics as if it were fact and counting on people’s gullibility. Concentration also makes people desperate, and desperation fuels the mirage of lies and makes too many of us complicit in our own subjugation.

Without reason to rely on the leaders, institutions, or circumstances, that leaves us. Can we square our shoulders and steady our minds to resist the steady babble of nonsense and not just listen to the words but watch what those in power are doing?

When you look at behavior instead of giving a pass to the mogul in the White House, you begin to notice that his actions belie his words. He has no sympathy for coal miners or others who have been shunted aside by changes in the economy but only to protect his friends’ wealth and power from us. Birnie put his finger on the problem and Trump now aggravates the concentration of wealth and power that are taking apart the lives we thought we’d built. So-called “free markets” protect the marketeers. So-called “trickle down economics” protect the concentrations from which the trickles are supposed to flow. And the flood of inconsistent tweets boggle the mind and conceal the reality.

Can we uncover the deceptions with strong minds and clear eyes while the casino mogul in the White House gambles our birthright.

— This commentary was broadcast on WAMC Northeast Report, June 13, 2017.


Terrorism, the NRA “Solution,” and Safety at Home

December 8, 2015

For some people, the best solution to every problem is to shoot at it, and presidents aren’t leaders unless they’re yelling “charge” into battle. I want to bite off a domestic piece of that nonsense. In the wake of every terrorist tragedy, senators, sheriffs, NRA officers and supporters propose more guns, carry your guns, be ready to defend yourself, ourselves, wherever and whenever occasion arises.[1]

We have some 15,000 murders a year in the U.S., 40,000 suicides, mostly by firearms, and under 30 deaths a year from terrorism. CNN checked Obama’s comparison of deaths by firearms and by terrorism in the U.S. From 2001 to 2013, they found that people killed by terrorists in the U.S. were less than 1/1000th the number killed by firearms.[2] Firearms deaths dwarfed terrorism deaths even in 2001. Whether it’s a good tradeoff depends on what gets worse.

Note though, if we’re all armed, we’ll need to do things differently. Once we assume everyone is armed, when someone demands something, whatever it is – turn off the radio, get out of my way – are we toast if we don’t comply? Do guns become the tool of bullies? Isn’t that some of what police shootings of unarmed people reveal? Police say they were scared because someone with his back turned may have had something in his hands. Do we all get to be that scared, pulling the trigger at anyone whose safety we can’t determine? We’ll have to be suspicious. Who’s hot tempered? Who’s too scared to trust? Who’s a criminal, terrorist, gang member or bully?

America was built on trust and teamwork. Break that down and sap our strength. We might stop some terrorists but America’s strength will dissipate in squabbles and fear – like those that poison and stultify much of the Third World.

Arming ourselves will partially thwart some similarly-armed terrorists but guns can  be replaced by explosives which do their damage before anyone knows what’s happening.

A couple of decades ago a disappointed former student attacked our library – but thank heavens he attacked a glass door with an axe rather than attacking people with a gun. No school can avoid flunking some students out and no employer can avoid firing some employees. One such employee got a gun and murdered one of my clients some years ago. But the police are taught that it’s too late to react once someone starts to pull a gun. My client, armed or not, never had a chance. So now what?

There are alternatives. I’m a civil libertarian but I have no problem with cameras. Security staffs at many places have monitors showing them many parts of the building. I’m a lot happier with observe-and-respond than having a bunch of trigger-happy gun toters wandering around wondering if I or anyone else should be shot. Similarly, with the repeated police shootings of unarmed men, I’d be a lot more comfortable if they left their guns at the station for access only as needed. I’d also be much more comfortable with police departments and the FBI if they stopped bribing unreliable informants to trap people in stings, send innocent people to prison, and corrupt the Bureau in the process. Have a tool, use a tool. These are dangerous tools for routine use.

America would be much safer if we found ways to build on our principles, instead of abandoning them in the chimerical belief that we could protect ourselves better with guns.

— This commentary was broadcast on WAMC Northeast Report, December 8, 2015.

[1] See http://newyork.cbslocal.com/2015/12/03/ulster-county-sheriff-carry-guns/; http://www.nydailynews.com/news/politics/marco-rubio-slams-bill-guns-terrorists-felons-article-1.2455280; http://www.darkcanyon.net/Terrorism%20A%20Good%20Defense%20Is%20A%20Good%20Carry.htm.

[2] See https://www.fbi.gov/about-us/cjis/ucr/crime-in-the-u.s/2011/crime-in-the-u.s.-2011/violent-crime/murder; http://www.save.org/index.cfm?fuseaction=home.viewPage&page_id=705D5DF4-055B-F1EC-3F66462866FCB4E6; http://www.cnn.com/2015/10/02/us/oregon-shooting-terrorism-gun-violence/ .


Terry v. Ohio Deserves History’s Dustbin

April 14, 2015

Madison, Wisconsin; Ferguson, Missouri, Staten Island, New York; the list is endless and growing. And the tears keep flowing. Mostly young Black men deprived of their lives without benefit of any opportunity to defend themselves. They can’t defend themselves physically because that will be treated as a threat on the officers’ lives. They never get a chance to hire an attorney and defend themselves in court. It’s all over before it starts. More lives gone. More families grieving. That, apparently, has become American “justice.”

The Constitution says that we have the right to be free of “unreasonable searches and seizures … and no Warrants shall issue but upon probable cause ….” Probable cause became the standard for the constitutionality of an arrest or seizure of property. In 1968 the Warren Court decided a case known as Terry v. Ohio.[1] In that decision, the Warren Court said that the police do not have to have probable cause to stop and frisk someone. They said “reasonable suspicion” was enough. Although the Warren Court laid the foundations for a much more just society, making clear that segregation by race is “inherently unequal” and unconstitutional, mandating one person one vote and insisting on the enforcement of most of the Bill of Rights, Terry v. Ohio begat the reenactment of the racist patrols that kept the Blacks down on the farm throughout the post-Civil War segregated South, now expanded throughout the nation.

Terry v. Ohio is the source of the irritation of our Black fellow citizens by constant interruptions in their daily business, constant demands that they submit to searches, constant expressions not of cordial greetings from the police but constant demands that our Black fellow Americans obey and respect “the man.”

Terry v. Ohio is a source of many of the interactions between minorities and police that have gone disastrously wrong. It ramps up every exchange. There’s no “Hi, how are you?” It’s “turn around with your hands up” and from that moment everyone is on edge –minority individuals because they are out of control and don’t know what is going to happen to them, the cops because they are now ordering people around and expecting the worst. Indeed, when someone is ordered to put their hands up, any motion that doesn’t look right to the officer now looks dangerous. Everything ramps up. Adding insult to injury, we have statistics – nine-five percent of those stops are useless nonsense.

We would have less crime without Terry v. Ohio. There would be less anger without Terry v. Ohio. African-Americans would be less convinced that the world is determined to keep them down without the irritants enforced under Terry v. Ohio. We would be safer without Terry v. Ohio.

Indeed we were safer before Terry v. Ohio. In the world I grew up in, racial minorities were not a significant source of street crime. The world that so many of us, Black and white for different reasons, have learned to fear, is a post-Terry v. Ohio world.

There’s something else I’d do – I’d give the police a choice – no guns without full civilian accountability, fully empowered civilian review boards with the power to investigate, subpoena and see all documents and interview all witnesses without restrictions, without privileges, contractual barriers or anything else that prevents a full and impartial investigation. And I’d insist that cops turn on their cameras before they stop, seize, arrest or otherwise prevent us from doing our business without restraint.

— This commentary was broadcast on WAMC Northeast Report, April 14, 2015.

[1] 392 U.S. 1 (1968).


War on What – Crime or the Poor?

November 18, 2014

Many of us realize that sending troops abroad can be counter-productive. Our boots on the ground in Iraq and Afghanistan led many to take up arms against us. To them, we were the invaders.

See if this analogy fits. We don’t have data everywhere but what we have is telling. The Rutherford Institute, which bills itself as “A non-profit conservative legal organization dedicated to the defense of civil, especially religious, liberties and human rights,” told the U.S. Supreme Court recently, that “the most common justification cited by New York City police for stopping individuals was presence in a ‘high crime area’” and “an additional 32% of stops were based on the time of day, and 23% of police stops were for an unspecified reason.”[1] Read the rest of this entry »


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 »


The Threat of Self-Styled Armed Militias

May 20, 2014

Some of us remember having to sign loyalty oaths. In the language of the U.S. Supreme Court, one had to swear that he or she had not “advocate[d] the overthrow of government by force, violence, or any unlawful means.” That included the overthrow of “the Government of the United States or of any political subdivisions.” In the 1950s everyone from barbers to professors had to sign those things and even cafeteria workers got fired on mere suspicion of disloyalty, the absence of proof notwithstanding.

Of course it was political. Senator McCarthy famously attacked President Truman and many of the people in the cabinet as disloyal. Republicans attacked Democrats and liberals as if they supported a Communist invasion. It was a campaign of character assassination. Charges were brought without facts that prosecutors were willing to reveal until the Supreme Court pointed out that it had the obligation to insist on fundamental due process like the right to see the charges and confront witnesses. But at least, at some level, however misguided, it was about patriotism.

Now, a group of armed self-styled militiamen blocked the federal government from charging Cliven Bundy the fee for grazing his cattle on federal land. Then they took their weapons to a closed federal canyon, to open it by force for use by ATVs. They bluntly deny the authority of the federal government. To make it worse, prominent Republicans called Bundy’s refusal to pay for grazing his cattle on federal land, and the armed intervention of his militia supporters, “patriotic.” Read the rest of this entry »


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