AFD Radio Special: Black Lives Matter Protests

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Topic: Ferguson and Beyond — What happens next in the growing movement? Panel: Jamie Nesbitt Golden, Ama, and JP. Host: Bill. Recorded: December 7th, 2014.

AFD Episode 110:
Ferguson Special II

Panelist bios

Jamie Nesbitt Golden, from Chicago: Freelance writer, participant in the August rallies in Ferguson and the November rallies in Chicago
Ama, from St. Louis County: Lives next to Ferguson, wife owns a business there, 12 year county resident, participant in the August rallies in Ferguson
JP, from St. Louis County: Lives near Ferguson, 10-year U.S. military veteran, 20 year county resident

Related links

Black Lives Matter official website
Hood Feminism
Jamie’s Twitter
STL Public Radio: St. Louis County Emergency Fund Tapped for Police
The Atlantic: How Police Unions and Arbitrators Keep Abusive Cops on the Street
Jacobin: The Bad Kind of Unionism
Daily Camera / Boulder News: Sam Carter, ex-Boulder cop, convicted on all counts in Mapleton elk trial

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And don’t forget to check out The Digitized Ramblings of an 8-Bit Animal, the video blog of our announcer, Justin.

After Ferguson: In defense of non-peaceful resistance

The regular suspension of due process and the repeated failure to restrain or reasonably manage the use of lethal force by the state against its citizens violates the American social contract on a fundamental level.

The social contract is an “agreement” that the state will have a legitimate monopoly on the use of force, instead of all individual people having the use of force all over the place with no rules, in exchange for meeting those basic conditions and maintaining the safety of all people and protecting their property.

Although it’s never possible to preserve that balance 100% of the time — and the United States has an unusually extensive set of loopholes for normal civilian use of force — it is reasonably considered in effect if it is upheld the vast majority of the time and with consistent, non-discriminatory application. Significant and repeated failure of the balance or failure to apply the principles consistently across the population would constitute a breach of the contract.

With a widespread and ongoing breach in the social contract by the state, the use of force is legitimately de-monopolized and reverts to the people to use on an individual or collective level, against threats and oppressors, including but not limited to — racial supremacists, exploitative businesses, and the state. The data has been clear for some time that a breach of the social contract exists between the state (federal, local, and everything in between) and the Black citizens of the United States.

Therefore: Violent resistance to police and destruction of select private property in the aftermath of a particularly egregious violation such as witnessed in Ferguson last week (suspension of the rule of law and restricted rights to peaceful assembly) is quite easily morally justifiable — though obviously optional — until the restoration of a legitimate social contract between the people and their government, which re-monopolizes the use of force.

To be clear: I’m not calling for violence and destruction; I’m just saying it’s not inherently unacceptable right now, and that decision is a matter of basic self-determination by those for whom the social contract has been broken (a sub-population which does not include me). For the majority of Americans, the social contract remains intact and normal rules of conduct apply. For a regularly legally and forcibly repressed sub-population without redress of grievances, the contract is currently void.
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Ferguson prosecution now some kind of Agatha Christie choose-your-own-adventure

Dana Milbank examines whether a grand jury might refuse to indict Officer Wilson in Mike Brown’s shooting death in Ferguson, Missouri last month. It doesn’t look good, in large part because grand jurors are essentially now being asked to become detectives in a real-life crime novel:

October is when a grand jury is expected to decide whether to indict the white police officer, Darren Wilson, who killed an unarmed black teenager by firing at least six bullets into him. It’s a good bet the grand jurors won’t charge him, because all signs indicate that the St. Louis County prosecutor, Robert McCulloch, doesn’t want them to.

The latest evidence that the fix is in came this week from The Post’s Kimberly Kindy and Carol Leonnig, who discovered that McCulloch’s office has declined so far to recommend any charges to the grand jury. Instead, McCulloch’s prosecutors handling the case are taking the highly unusual course of dumping all evidence on the jurors and leaving them to make sense of it.

McCulloch’s office claims that this is a way to give more authority to the grand jurors, but it looks more like a way to avoid charging Wilson at all — and to use the grand jury as cover for the outrage that will ensue. It is often said that a grand jury will indict a ham sandwich if a prosecutor asks it to. But the opposite is also true. A grand jury is less likely to deliver an indictment — even a much deserved one — if a prosecutor doesn’t ask for it.

 
I’m sorry — are we basically now relying on 12 randos who didn’t find a way to get out of jury duty to pore over the evidence on their own, without help from the experts, and then decide if it’s safe to ask another jury if it was, in fact, “Officer Wilson in the Conservatory with the Candlestick”?

Apparently, McCulloch, the St. Louis County prosecutor, has had a lot of family members on police forces (including a father who was killed in the line of duty) and has (coincidentally?) declined to prosecute any of a dozen police officers involved in questionable fatal shootings in his jurisdiction over the twenty years he has been in the office. He has actually excused some pretty horrific wrongful shooting deaths by police, as Milbank reports.

August 27, 2014 – Arsenal For Democracy 97

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Topics: Big Idea – How to regulate the Ubers and Airbnbs of the world; US, ISIS, and Syria; Interview with freelance writer and Ferguson protest eyewitness Jamie Nesbitt Golden. People: Bill, Persephone. Produced: August 24, 2014.

Discussion Points:

– Big Idea: Are “sharing economy” services like Uber and Airbnb helping people avoid important safety regulations and local taxes?
– What would be the consequences if the U.S. intervenes militarily against ISIS inside Syria?
– How much focus should be on Ferguson versus the wider problem nationwide?

Part 1 – Sharing Economy:
Part 1 – Sharing Economy – AFD 97
Part 2 – US, ISIS, Syria:
Part 2 – US, ISIS, Syria – AFD 97
Part 3 – Jamie Nesbitt Golden:
Part 3 – Jamie Nesbitt Golden on Ferguson – AFD 97

To get one file for the whole episode, we recommend using one of the subscribe links at the bottom of the post.

Related links

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St Louis County: When cops become revenue collectors

Fines and court fees are Ferguson’s second largest source of city revenue, according a report by St. Louis-based ArchCity Defenders (a pro bono legal defense group) that was quoted in an article in Newsweek last week. That has created an extremely strong incentive for police to hassle residents (who are predominantly Black) and, based on the statistics, just about everyone has had a run-in. Worse, this trend appears to match the situation around the wider county:

“Despite Ferguson’s relative poverty, fines and court fees comprise the second largest source of revenue for the city, a total of 2,635,400,” according to the ArchCity Defenders report. And in 2013, the Ferguson Municipal Court issued 24,532 arrest warrants and 12,018 cases, “or about 3 warrants and 1.5 cases per household.”

Exacerbating the problem, the report says, are “a number of operational procedures that make it even more difficult for defendants to navigate the courts.” A Ferguson court employee reported, for example, that “the bench routinely starts hearing cases 30 minutes before the appointed time and then locks the doors to the building as early as five minutes after the official hour, a practice that could easily lead a defendant arriving even slightly late to receive an additional charge for failure to appear.”

Thomas Harvey, co-founder and executive director of ArchCity Defenders and one of the paper’s authors, says that residents’ perception that the system is unfairly stacked against them gives important context for the depth of the present outrage.

“There are 90 municipalities in St. Louis County that range from 12 people to 50,000 people. Eighty-six of them have their own courts. They have their own police forces,” he explains. “What ends up being the product of all that is just a low-level sense of harassment on a daily basis. The clients that we represent feel that. It’s palpable for them.”

“They resent it because it’s not about public safety,” he adds. “These aren’t violent criminals. These are poor people.”

 
For my interviews with locals who have each had multiple experiences of police harassment in Ferguson, St. Louis County, and the City of St. Louis, please listen to Arsenal For Democracy 96 (open full page or at click the audio bar below).

AFD 96 – Ferguson / NMOS14

Ferguson is particularly notorious, as the report demonstrates, but is far from unique. This is a big-picture story of the area around (and including, to some extent) St. Louis, Missouri.

(hat-tip to Phoebe Loosinhouse on Daily Kos for flagging that part of the article and digging up the cited ArchCity report)

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Missouri Republicans keep making the case for Missouri Democrats

Todd Akin’s “legitimate rape” comments during the 2012 U.S. Senate election may be the most famous example of Missouri Republicans being so effortlessly terrible that voters are forced to pick the Democratic nominee regardless of that candidate’s merit, but he’s far from the only one.

Recently, of course, I blogged about the Missouri state legislator who said he would rather let everyone overdose on prescription drugs than have Missouri implement a database to track misuse of prescriptions for medications, just as every other U.S. state has done.

Today we were treated to three-term Republican Lieutenant Governor Peter Kinder’s views on the crisis in Ferguson, which were either the loudest dog whistle of the decade or the most tone-deaf political remark uttered in the Show Me State since Congressman Akin’s non-scientific beliefs on rape “shut that whole thing down,” in terms of his career.

Here’s the quote from Kinder via RawStory:

“We do not do justice in America in the streets though,” he argued. “We have legal processes that are set in motion, that are designed after centuries of Anglo-American jurisprudence tradition, they’re designed to protect the rights and liberties of everyone involved.”

“That includes the Brown family, for justice for them and for the community. It also includes the officer who has not yet been charged,” he added. “Our constitutional and our Bill of Rights protections have to be followed here, and we do not do justice in the streets.”

“That’s one of the great advances of Anglo-American civilization, is that that we do not have politicized trials. We let the justice system work it out.”

 
Anglo-American civilization and jurisprudence? We do not do justice in the streets?

For someone commenting on a racially charged crisis, resulting from a White police officer unilaterally gunning down an unarmed Black teen he did not suspect of any crime, in a state (and country) with a long and ugly history of White lynch mobs enacting “justice in the streets,” this is about the worst possible thing he could have said short of actually just dropping n-bombs and death threats all over the broadcast.

Democratic Governor Jay Nixon’s policy response to Ferguson has been pretty terrible, and his rhetoric has been pretty misguided, but this line by the Lieutenant Governor is a pretty good demonstration of why Nixon ended up as the only credible option for reasonable voters, Democrats or otherwise… Complete awfulness as an alternative makes a great case for living with mediocrity.

Jake Tapper asks why police keep massing against peaceful protests in Ferguson

“Now why they’re doing this, I don’t know. Because there is no threat going on, none, that merits this. There is none. Ok? […] There is nothing going on, on this street, right now, that merits this scene, out of Bagram. Nothing. So if people wonder why the people of Ferguson, Missouri are so upset, this is part of the reason. What is this?? This doesn’t make any sense.” — Jake Tapper, CNN, live on the scene. Watch below: