White Privilege is a threat to national security

By R. T. Andrews

Several thousand citizens assembled in downtown Cleveland Saturday afternoon, to protest the lynching of
George Floyd by police officers in Minneapolis MN and to demand an end to systemic police misconduct
across the United States. • Photograph by Vince Robinson 

                                                                                                                            
The unforgettable video image of a Minneapolis police officer casually using his knee to take the life of the helpless black man pressed to the asphalt pavement beneath him, blithely indifferent to the pleas of both his victim and the helpless onlookers pleading vainly for him to stop, is perhaps the starkest distillation of white privilege imaginable.

Like the image of the naked Vietnamese girl running in unspeakable despair from the horrible destruction behind her, the image of Derek Chauvin officer executing George Floyd next to a squad car with eponymous license plate declaring the state’s power, will come — in its cold indifference to black life – to symbolize how America treats its citizens of color.

This was no faded black and white tableau of a Ku Klux Klan lynching carried out by hooded terrorists in the dead of night in the back woods of the Deep South a century ago.

This was no fit of rage by a squad of enraged cops with an expected sense of privacy and immunity as they brutally stomped Rodney King for his aggravating behavior.

This wasn’t an untrained, unstable rookie cop rolling up precipitously on Tamir Rice, a 12 year old boy playing with a toy pistol, and shooting him dead within two seconds.

This wasn’t the South Carolina cop expecting to get away with killing middle aged Walter Scott after shooting him in the back by planting a phantom gun by the corpse and telling official lies about what happened.

This wasn’t vigilantes killing Skittles-eating teenager Trayvon Martin on a rainy night in a gated community. It wasn’t self-appointed auxiliary cops pursuing and confronting an unarmed black jogger before killing him.

It wasn’t Louisville Kentucky police officers breaking into Breonna Taylor’s apartment under color of a wrongly executed “no knock” warrant and killing her as she slept.

This wasn’t the FBI bursting in on Fred Hampton and assassinating him in a hail of bullets in furtherance of a rogue government COINTELPRO operation.

This was worse in its unapologetic and unequivocal callousness. In broad daylight, in a showplace middle American city of Protestant prosperity, with a chorus of accomplices, and before a horrified audience, Officer Devon Chauvin conducted a public lynching.

It’s a mistake to call Chauvin, who along with three other policemen was fired from the force the next day, a bad apple. That is the system’s way of protecting itself, providing an illusion of self-discipline: cast aside a replaceable part and keep rolling.

If Chauvin were a bad apple, we’d have to look not at the branch or the tree or the grove that produced him. We’d have to recognize that the American orchard of justice sits on toxic ground, its soil poisoned by underground waters that a racist society that glorifies violence.

In killing George Floyd so publicly, so slowly, and so inexorably, Chauvin and his colleagues catalyzed an immediate and undeniable recognition among millions of white Americans that this systemic violence is being done in their names. He showed what policing in the black community truly is: the random brutality that reflects this society’s appraisals of black life as cheap.

As heinous, horrible and in-your-face as it was, if these were normal times the lynching of George Floyd might still have outlasted the normal news cycle such atrocities typically receive.

But these are not normal times. We have not enjoyed normal times since 2008, the year Barack Obama won the presidency.

Election of the nation’s first black president did not signal the dawn of a post racial America. Instead, it unleashed in America a reaction that is spiritual heir to the Redemption of the 1870s and the Massive Resistance of the 1950s and Sixties. Those movements put craters in the nation’s path towards a fairer and more open and just society that still impede our progress.

Redemption and Massive Resistance [to the mandate and logic of the Supreme Court’s unanimous 1954 decision in Brown vs. Board of Education] were largely centered in the South. The North acquiesced in the Redemption and was indifferent to the Resistance.

The nation is now rapidly moving to a choice point where acquiescence or indifference may prove fatal to our experiment in democracy. The death of that experiment clearly does not matter to our  current President. It seems to matter less every day to his party.

The rest of us will have to decide soon where we stand. November will be here soon. A wrong choice may bring our experiment to a permanent December.

TODAY's REPORT: Cleveland Community Police Commission meets tonight at Cudell Recreation Center

Meeting is site where Tamir Rice shot and killed almost a year ago

The Cleveland Community Police Commission, appointed by Mayor Frank Jackson in September pursuant to the consent decree he negotiated with the US Department of Justice following the latter’s two-year investigation of the city’s police practices and procedures, will hold its third community meeting today at Cudell Recreation Center. The meeting is scheduled from 5:30pm-8:30pm.

Twelve-year old Tamir Rice was shot dead on the playground just outside the center last November 22 when two Cleveland police officers confronted him in response to a citizen call that an armed man was brandishing a gun outside the center. The dispatcher who took the call neglected to pass on the caller’s caution that the gun was quite possibly a toy. Video of the encounter show that Tamir was shot and killed by Officer Timothy Loehmann within two seconds of the police cruiser driving right up on the pre-teen, in clear violation of what many experts suggest is proper police procedure.

The Commission, tasked with making recommendations on improving policies related to bias-free policing, greater transparency, and other issues, has been crisscrossing town for its meetings. A substantial portion of its Oct. 28 meeting, held at Elizabeth Baptist Church on Francis Ave. in Ward 12, was devoted to considering how to adjust the agenda for the possibility that Tamir’s relatives might attend the meeting and wish to speak, and whether they should perhaps receive an official invitation. At the end of the discussion, the consensus was that unofficial invitations by individual Commission members would be appropriate, and that similar invitations might be extended to the families of other victims who died as a result of street lawlessness, including police officers.

While the first Commission meeting, on Oct. 14, was attended by about 150 people, less than half that number came to the Oct. 28 meeting. Tonight’s meeting is likely to be among the best attended and perhaps the most fraught with emotion, of the five public meetings announced to date.

The next meeting is scheduled for Dec. 3 at Trinity Cathedral, 2230 Euclid Ave.

Nearly 100 attend launch of Black Business Chamber last night

Knowing chuckles spread through the audience when Ron Busby, president and CEO of the US Black Chamber of Commerce, recalled his father’s expressed view of the family business: “I’m’ a keep it small, and keep it all.”

Ron Busby, Sr., President/CEO
of U.S. Black Chambers Inc.

Perhaps it was the recognition by the professionals and owners of mostly small businesses, in attendance to celebrate the launch of The Presidents Council Business Chamber, the city’s newest trade association, that the typical black-owned business has only one employee and has gross annual receipts of about $72,000.

PCBC was established in Cleveland this summer to provide leadership, ideas, and resources to advance black-owned and operated businesses in Greater Cleveland, according to the group’s mission statement. It starts off with more than sixty charter members. Watch for the December issue of The Real Deal Press for a full report on last night’s event and PCBC’s plans.

Visit www.thepresidentscouncil.com or call 216.771.8702 for Business Chamber membership information.

GOP Debate observations

I arrived home too late to watch most of last night’s debate of 2016 GOP presidential hopefuls. I checked out perhaps 15 minutes towards the end, which yielded these quick observations.

1.    Someone should tell Texas Sen. Ted Cruz that not all Americans arrived here full of hope for freedom and a brighter life ahead. Among those he excludes from his happy historic reconstruction — happy historic reconstruction is an exercise many Texas officials work to enshrine in the state’s educational curriculum — are the ancestors of most African Americans, Chinese laborers, and of course, Native Americans. It’s likely not so much that he forgets about these groups as that they simply don’t register in his view of traditional Americans. Cruz is a second-generation American — his father emigrated from Cuba —and obviously was quick to pick up the glorified Gone With The Wind version of a “colorblind” America whose only problem was the refusal of damn Yankees to let good old’ boys perpetuate their Confederacy.

2.    Carly Fiorina has a thoroughly prepared answer for most every question and is especially sharp-tongued when it comes to skewering the only other female presidential contender, Democrat Hillary Clinton. She does it with such self-assurance that most people, wrapped up in her delivery, probably are unaware of how fast and loose she plays with the truth. One senses how the Hewlett-Packard board of directors was likely smitten with her right up until the moment they realized she was tanking the company.

3.    In attempting to catch up with the spinmeisters this morning, I found sixth-tier also-ran Sen. Lindsay Graham of South Carolina talking about the religious war being raged against the United States. South Carolina is one of the most militarized states in the US with its abundance of military installations and retired armed forces personnel, and their senior senator was quite the true believer as he condemned ISIS/ISIL Muslims for their savagery and singling out of Christian targets. I guess he must wonder why they don’t use drones like we do.

Cleveland Heights City Council to have new vacancy

Jeff Coryell resigning effective Dec. 31, moving out-of-state

Cleveland Heights Council Member Jeff Coryell announced his resignation from council, effective Dec. 31, on Monday. He is moving to Detroit where his wife, Phyllis L. Crocker, has been Dean of the School of Law at University of Detroit Mercy since early 2014.

Coryell will leave two years into a four-year council term that began January 2014.

According to the city's charter, Cleveland Heights City Council must appoint someone to fill Coryell’s unexpired term. Typically, the Council solicits and reviews applications before making the appointment. Its timetable for doing so has not yet been established.

Whoever is appointed would have to run in November 2016 to finish the last year of Coryell’s term and again in 2017 for a new four-year term in 2017. 

Powerful Citizen Action Unfolding in Tamir Rice case

I write this from Washington DC, where I have just viewed the powerful video presentation of the Committee of 8, a diverse group of Greater Cleveland citizens who have written a potent public manifesto calling upon local public officials to demonstrate equitable procedures by arresting the two police officers who rolled up on 12 year old Tamir Rice last November at a public playground and shot him to death within two seconds of their arrival.

No charges have been filed as yet against the officers involved, although, among other salient facts: 

1. The county sheriff has submitted a lengthy investigative report;

2. There is a videotape showing Tamir being shot within less than two seconds of Cleveland Police Officer Timothy Loehmann [the shooter] and his partner, Officer Frank Gamback [the driver] driving directly within a few feet of Tamir;

3. The video supports the indifference of the police officers to Tamir by documenting the four minute period during which they failed to administer any medical attention to Tamir; and 

4. A well-respected local judge, the Hon. Ronald B. Adrine, following long-established Ohio law, ruled upon a petition filed by the Committee of 8 by examining the evidence and ruling that there was probable cause for the arrest of the two officers. 

Further, according to attorney Subodh Chandra, a former law director for the City of Cleveland who has recently become counsel to Tamir's family, Judge Adrine's ruling may not have gone far enough, and warrants should have been issued for the arrest of Loehmann and Gambeck.

The Committee of 8 may be in the vanguard for showing how concerned citizens can find effective ways to press public officials and build public support for equal justice in local communities and across America. 

Read their letter below and watch their collective reading here.

“The People Will Not Stand for Less than Equal Justice:

Open Letter from the Cleveland 8”

(Video Version: http://youtu.be/tkOHovpURGU)

Reform of the criminal justice system cannot solely focus on transforming law enforcement. It also must ensure that procedural justice – the fair evaluation and administration of legal procedures, the decision-making process, and quality of treatment – is upheld to avoid both the appearance and the existence of partiality. 

On Tuesday, June 9, we, a group of activists and clergy here in the City of Cleveland, in accordance with the Ohio Revised Code, filed citizen affidavits calling for the charging and arrest of two officers in the death of 12-year-old Tamir Rice. In a letter dated June 18, we called upon the Cleveland Law Department to uphold the law and Judge Ronald Adrine's findings of probable cause by issuing warrants for the arrests of officers Frank Garmback and Timothy Loehmann. 

The City of Cleveland law director Barbara Langhenry and Cuyahoga County prosecutor Timothy McGinty have said that they support reform, yet their inaction on this issue sends a signal to the people that they are not upholding the very laws they want the people to respect.

Following the probable cause findings, the county prosecutor continues to state that he will bring the matter before a grand jury and leave it to them to decide whether there is enough evidence against these officers to bring indictments.

The actions by chief law enforcement officials in the City of Cleveland and Cuyahoga County are clear examples of abuse of discretion and the unequal administration of law that breeds distrust in our criminal justice system.

First, the decision to not issue warrants for the arrests exhibits an arbitrary and selective application of the law. By ignoring the law, the state is acting contrary to the interests of the people. While Judge Adrine's findings were not acted upon with regard to arrest warrants for Garmback and Loehmann, his and other judges’ consideration is regularly sought and acted upon against private citizens as we see with search warrants. This is unacceptable.

Second, the county prosecutor’s approach of using the grand jury as a forum to determine whether charges will be filed in the Tamir Rice case is not only another example of disregard of the judiciary, but also an unequal application of the grand jury process. We are not trying to circumvent the grand jury process for Garmback and Loehmann. However, a step is being bypassed. It is not the grand jury’s role to file the initial charges. For the vast majority of people, charges have already been filed against them prior to a prosecutor seeking an indictment before the grand jury. 

When the prosecutor uses the grand jury as a body to determine probable cause for charging and indicting, it is problematic in two ways: (1) It gives police officers the opportunity to provide exculpatory (exonerating) testimony without cross examination, as took place in the Michael Brown case in Ferguson and the Eric Garner case in Staten Island. This approach suggests a ‘secret trial’ out of public view, which, while serving the interests of the officers, does not serve the interests of justice. (2) The idea that rules of the grand jury can be altered at will depending on who is suspected of committing a crime is itself unconstitutional and discriminatory against every other individual subject to the grand jury but without the apparent entitlements that come with wearing a badge. 

Thirdly, the fact that the county prosecutor has stated he needs to conduct his own investigation raises the question of what else is required to file charges and whether he deems police officers as a special class exempt from being subject to normal criminal procedures. Here is the evidence the county prosecutor already has in his possession: 

(1) a video of Tamir Rice being killed at close range in less than 2 seconds and being left for more than 4 minutes without any first aid; 

(2) a detailed report by the Cuyahoga County Sheriff's department resulting from a five-month investigation; and 

(3) a finding of probable cause by a respected judge of the Cleveland Municipal Court with more than 30 years on the bench. The county prosecutor may have his own rationale for proceeding in this manner. However, regardless of his reasons, none would truly seem fair or equitable considering that the ordinary resident or citizen is not granted such deference. 

If we as a community and a nation are going to truly transform our criminal justice system, the public must see the system as legitimate and trust that elected and appointed officials will abide by the law and apply it equally throughout the legal process. This goes not only for police officers, but also for judges, law directors, and prosecutors. We the people should not, and must not, stand for anything less.

Respectfully Submitted,

The Cleveland 8

Rev. Dr. Jawanza Colvin

Rev. Dr. R. A. Vernon

Bakari Kitwana

Edward Little

Dr. Rhonda Y. Williams

Julia A. Shearson

Rachelle Smith

Joseph Worthy

Hallelujah for Baltimore State's Attorney!

I salute the beautiful professional work and presentation done by State's Attorney for Baltimore City Marilyn J. Mosby.

View the video of her press conference this morning here.

Ms Mosby did not use the cover of presenting this case to a Grand Jury but acted with the commendable decisiveness justified by her independent investigation into the facts of this case.

We acknowledge of course, that the charges are as yet unproven and that all six police officer defendants are innocent until proven guilty. But the details of the investigation shared by Ms Mosby suggest that at least one of the officers cooperated with the prosecutor's office.

Ms Mosby's thoroughgoing diligence and the transparency of her office stand in stark contrast to her Cuyahoga County counterpart with reference to the current trial in the deaths of Timothy Russell and Malissa Williams, the unarmed duo who died Nov. 29, 2012 after being shot at 137 times by Cleveland police, more than 100 of whom chased the fleeing couple into the neighboring city of East Cleveland. Only one officer, Michael Brelo, has been charged in that case, now on trial before a judge [no jury] with a verdict likely to be handed down in the next week or so. Consider also the slow process of decision-making relative to the death of Tamir Rice, the 12-year old Cleveland boy killed by police last fall.

Of course, there is one consistent thread: the Baltimore Police union has issued a statement saying the police officers were not responsible for Freddy Gray's death but were "diligent" in discharging their duty [to serve and protect?].

It wouldn't surprise me if the Baltimore police union sought to disqualify Mosby from prosecuting this case on the grounds that she is a Tuskegee graduate, an HBCU. One of the best aspects of this situation is that Ms. Mosby comes from five generations of law enforcement that include both of her parents as well as a grandfather!

Tanisha Anderson death ruled homicide; black bar association calls special meeting

Tanisha Anderson death ruled homicide

Tanisha Anderson’s death on Nov. 13 has been ruled a homicide, in an announcement released this morning by the Cuyahoga County Medical Examiner’s office.

Specifically, she died as a result of being physically restrained by Cleveland Police officers while she was in a prone position. The coroner ruled that associated factors were Anderson’s heart condition and “Bipolar disorder with agitation.”

Family members had called authorities seeking assistance as Anderson was reportedly “disturbing the peace” on the day she died. The family apparently consented for police to take her to St. Vincent Charity Medical Center for a mental health evaluation.

Family members and police tell conflicting versions about what happened next, but Anderson got out of the police cruiser she was held face-down on the pavement, handcuffed, and further restrained by police until she stopped moving.

Anderson’s death has been a focal point of community agitation in the wake of a 58-page US Justice Department report that found many problems with the Cleveland Police Department, including the fact that many officers are ill-prepared to deal with city residents with mental illnesses, often resulting in the use of cruel and excessive force against the mentally and medically ill.

No ruling has been made by prosecutors in this matter, and the involved officers are on restricted duty.

Black bar association calls special meeting on DOJ report

Earlier this week, the Norman S. Minor Bar Association announced a special meeting to address community concerns over police misconduct, as detailed in the Department of Justice report, and punctuated most vividly by the deaths of Anderson, twelve year old Tamir Rice ten days later, and Timothy Russell and Malissa Williams in November 2012.

The meeting is an open forum to address the DOJ’s conclusion that “there is reasonable cause to believe that Cleveland police officers engage in a pattern or practice of unreasonable and in some cases unnecessary force in violation of the Fourth Amendment of the Constitution.”

The Justice Department has asked for community input before it begins negotiations with the City of Cleveland to enter an enforceable court decree.

NSMBA is the local professional association of black lawyers. The meeting is scheduled for Tuesday, January 6 at 5:30 PM in Courtoom 15-A of the Justice Center.