Do the police really have no time to do anything but shoot?

August 4, 2015

Perhaps you read the NY Times story over the weekend about the self-described expert in police killings, William Lewinski, who justifies every police killing on the ground that the policeman had no time to protect himself, no time to do anything but shoot. Victim’s back turned, no time. Hand in pocket, no time. Victim doing what the officer told him to do, no time. All the evidence contradicts the statement of the officer, no time.

On Lewinski’s logic, we should all not only carry weapons, we should shoot everyone on sight, because we have no time to react, so we should all practice  preemptive killing – dead men can’t shoot us. What we should really do is move to Iraq or Syria because that’s a matter of course there. Shoot, shoot, shoot.

And understanding that the police are taught by nut-jobs like Lewinski to shoot pro-actively, what we should really do is go out like armed vigilantes and attack the police systematically, kill ‘em all so they can no longer attack us. And in case you hadn’t noticed there have been groups that have targeted the police and for just that reason.

Lewinski’s approach is good only for the undertakers. I don’t know what the undertakers give him but they should chip in a lot because they will certainly benefit from a shoot on sight society.

Of course if you or I actually took that advice, we’d be charged with murder. But the rules don’t apply to the police. We can’t shoot unarmed people but police can – and get away with it. We can’t shoot people in the back but police can – and get away with it. We can’t tell a bunch of lies about what happened that are contradicted by the provable facts and get away with it but police can – and get away with it. Thanks to Lewinski.

Think what Lewinski and others of his ilk would have to tell the police if, like most of us, they weren’t armed. They’d have to tell the police to use their heads, not their guns. They’d have to tell the police to cool tempers instead of raising them. They’d have to tell the police that the best response to a disagreement isn’t a hole in the head. They’d have to tell the police that a traffic stop isn’t ground for ending someone’s life.

What a different world it would be if we learned to live together, if we learned that there is a difference between civilization and a jungle, if we learned that the default rule is respect for human beings, respect for life, liberty and the pursuit of happiness as the Declaration of Independence tried to tell the world. What a different world it would be if police in America acted like our servants, not our rulers, that they don’t have a God-given right to issue commands but that like most of us, the magic word is “please.”

It’s time to imitate the British and take the guns out of the hands of the cops and leave to special rules those more unusual occasions when guns should be issued for specific jobs and reasons. The ordinary rule must be to use our heads instead of blowing away everyone in sight, leaving only death and destruction in the wake of the police.

— This commentary was broadcast on WAMC Northeast Report, August 4, 2015.


Environmental Time Wasted

July 28, 2015

A news director at this station, about a decade ago, wanted me to engage in what some call pack journalism, to talk about whatever was occupying the press’s attention. I understood his point; people’s interest was already peaked. Plus the more people talk about the same things, the more it tends to sink in. But I’ve never liked piling on. If you heard it elsewhere, I feel no need to restate it. I like to bring up something else, or a different perspective. I feel more useful that way.

This week I’d like to bring up a case much less talked about than the Supreme Court term’s blockbusters on same-sex marriage and medical care. Those are very important decisions. But here’s another worth examining. On June 29, the Supreme Court decided Michigan v. EPA. According to Justice Scalia and the conservative majority, the case was about whether the EPA needed to consider the costs of regulation. According to Justice Kagan and the liberal dissenters, the case was about whether the EPA needed to consider costs separately before considering specific regulations.

Sometimes court decisions lead one down the rabbit hole with Lewis Carroll. According to Justice Kagan, the EPA did consider costs. It took costs into account in the specific regulations for each type of power plant. It considered costs by adopting ways to mitigate the cost of the required measures to catch up with up-to-date emissions control systems. It decided against more stringent controls because it decided they would not be cost-effective. And it elaborately examined the quantifiable costs and benefits. The problem: it did all that in the wrong order. The result – the rule is on hold now; the agency will have to do some work to show it studied cost the way the Court wants it done before it can reimpose regulation.

That’s one of the main purposes of taking administrative agencies to court – delay can be worth a lot of money to business and industry even if they will eventually have to comply. In other words, regulations can protect the public, but courts can delay them.

Barely mentioned was how much mercury and other toxic pollutants coal fired power plants could send into the air we breathe. Scalia and the industry said there were merely several million dollars damage to the public per year. Kagan and the EPA said the damage was in the tens of billions. Of course much of the damage cannot be measured in dollars anyway – it is about lives damaged and destroyed by mercury and other toxic pollutants.

Republicans have been fighting for years against regulation of mercury emissions. Democrats just as long have been fighting to clean the air of the kinds of things that could damage our health and our ability to lead productive lives. But consistency is the hob-goblin of little minds: Republicans would do everything possible to control addictive drugs that damage our lives, health and minds – they are used by bad people. But Republicans would not control pollutants that damage our lives, health and minds – they are emitted by good people. Democrats, of course, the reverse.

So which congressman, and which justice, is in whose pocket? Some of them apparently define good and bad people by the money in their pockets instead of the things they do to others. Whatever happened to equal justice?

— This commentary was broadcast on WAMC Northeast Report, July 21, 2015.


Hallelujah! What a relief.

June 25, 2015

Copy editing finally done for Unfit for Democracy: The Roberts Court and the Breakdown of American Politics. It’s scheduled for publication in January by NYU Press – still a few months off but it feels like a big milestone.


Jeanette’s award

June 24, 2015

I haven’t been putting personal notes in my blog, but I had the pleasure, on the 9th, of attending a Red Cross Volunteer Recognition event where my wife, Jeanette, was presented with the J. Spencer Standish Community Service Award in Recognition of Outstanding Service, an award which is not presented annually, for her work as a trainer in safety services over a wide area of the state. Our daughter came in from Cincinnati for it and our son wrote from London. It was a very special evening and I was and am a very proud spouse.


Democracy’s Future in America

June 2, 2015

The Court has now decided that states can stop judges but only judges from personally asking for campaign contributions. It left all the rest of its protections of economic privilege in place.[1] Corporations can use treasury funds to flood the airwaves with political ads. Donors can hide their contributions behind a variety of specialized corporate entities. The one-tenth of one percent of the wealthiest Americans can dominate American politics directly and through their domination of corporate treasuries.

As I explained last week, inequality in the United States is making democracy increasingly unsustainable. When the wealthy and powerful take control of the whole shebang – political money, jobs, the media – the mass of the public is left with few resources to control their government, while the wealthy and powerful have enormous resources at their disposal to control the people.

In addition, democracy is fairly explicitly under attack. Conservatives attack the voting rights of any who might vote against them. Corporations use arbitration clauses in consumer contracts and international treaties to sidestep democratic decisions and make it easier for them to tear down environmental, labor and any other regulation that the people want but the corporations dislike. Their argument against regulation of markets is a euphemism for rules that favor whatever they want to do. But their point is that democracy has no right to interfere. And they hide their contempt for democracy behind Reagan’s claim that government, democratic government, is the problem.

Both these direct attacks and the distortions of wealth on the political process create a real threat that this government of, by and for the people could perish from the earth, undermined by control over speech, press and politics and squeezed out by untouchable markets and the exclusion of democratic decision-making from anything corporations care about.

Only the Tea Party seems prepared to rebel and their exclusionary politics adds to the problem. The gun rights folk will, if anything, protect the current distribution of wealth, enforcing their prejudices. Liberals – race liberals, economic liberals, big money liberals – are hardly united.

Under domination from powerful corporate interests, we could hope at best for the crumbs off their tables. Welcome to the many so-called democracies in Central and South America, Asia and Africa, where hirelings and sycophants help control the public for the benefit of their wealthy patrons.

We could try to pull the Supreme Court off the ramparts of privilege and regain control over the use of money in politics. We could fight back by supporting independent radio stations like WAMC. Or we could hope for the best ‘til Brutus assassinates Caesar – though that could lead to the consolidation of tyranny as it did for the Romans and is now doing in the Middle East.

Can we rally to save the planet and save democracy before we have lost them both? As we used to say in Brooklyn, before the Dodgers finally won the Series, “ya gotta b’lieve.”

Next week, the primaries.

— This commentary was broadcast on WAMC Northeast Report, June 2, 2015.

[1] Williams-Yulee v. Fla. Bar, 2015 U.S. LEXIS 2983 (U.S. Apr. 29, 2015).


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).


Linda Greenhouse on Guantanamo

December 30, 2014

Just read another penetrating commentary by Linda Greenhouse, http://www.nytimes.com/column/linda-greenhouse, posted Christmas eve, this one about the people who may spend their lives at Guantanamo without any evidence they had taken up hostilities toward the US, because the American courts can’t bring themselves to enforce what should be our values. As Chris Giannou told the Alternative Radio audience, Middle Easterners love our values, but hate our hypocrisy.


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