Commentary Magazine


Topic: Michael Brown

The Racism Narrative and Attacks on Police

Last night’s shooting of two police officers in Ferguson, Missouri repeats a pattern of behavior that should shock Americans to their core. After the release of a Justice Department report alleging systematic racism by the police in Ferguson, and statements by Attorney General Eric Holder that appeared to delegitimize the entire law enforcement establishment in that town, there were demonstrations followed by what is described as an “ambush” of the police. While the responsibility for this crime belongs only to the person who fired the shots, it is still necessary to point out that those, including some of the highest officials of the land, who have sought to exploit charges against police in order to further their political agendas need to understand that inflammatory rhetoric doesn’t help heal our racial divide or promote peace on our streets.

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Last night’s shooting of two police officers in Ferguson, Missouri repeats a pattern of behavior that should shock Americans to their core. After the release of a Justice Department report alleging systematic racism by the police in Ferguson, and statements by Attorney General Eric Holder that appeared to delegitimize the entire law enforcement establishment in that town, there were demonstrations followed by what is described as an “ambush” of the police. While the responsibility for this crime belongs only to the person who fired the shots, it is still necessary to point out that those, including some of the highest officials of the land, who have sought to exploit charges against police in order to further their political agendas need to understand that inflammatory rhetoric doesn’t help heal our racial divide or promote peace on our streets.

The shooting particularly resonates because it was less than three months ago that similar events unfolded. In the aftermath of controversial rulings that absolved policemen of criminal charges in the deaths of Michael Brown in Ferguson and Eric Garner in Staten Island, the country was convulsed by demonstrations and condemnations of law enforcement personnel. But after statements by the Obama administration, the mainstream media, and those claiming to speak for the civil-rights movement blasting police, the national conversation was altered by the murder of two New York City policemen by a person who claimed to want revenge for Brown and Garner.

That tragedy allowed the nation to put these incidents in perspective and to appreciate that there was more to these issues than the narrative of racism we had been hearing so much about. But that didn’t stop the administration and its cheering section of racial hucksters such as presidential advisor Al Sharpton from returning to the rhetorical excesses that helped gin up violence in Missouri and New York last year.

The Justice Department’s reports on Ferguson deserve particular scrutiny because they illustrate just how wrong-headed much of our national conversation on race has been in the last several months. After months of harangues about the shooting of Brown being indicative of racism, the federal review of the case confirmed the decision of the Grand Jury that refused to indict Police Officer Darren Wilson for the incident. The claim that Brown had put his hands up and cried, “don’t shoot” to Wilson was rightly labeled a lie. But after the mantra was repeated endlessly in social media, demonstrations, and stunts by celebrities and athletes, for many people the truth didn’t matter.

But not satisfied with debunking the myth that Wilson had murdered Brown, Justice also issued another report nonetheless blasting the Ferguson police for racism. The rationale for the report was largely statistical. As John R. Lott wrote in the New York Post earlier this week, there is reason to dispute the report’s conclusions that the numbers demonstrate bias. But even if we are to accept the idea that Ferguson’s law enforcement practices were flawed and concede, as we should, that racism still exists in this country, it must be understood that Holder’s willingness to go so far as to dismantle the Ferguson police department in a federal purge of local authorities was an attempt to ignore or to obfuscate the facts in the Brown case. After spending so much effort demonizing police because of the Ferguson incident, the agenda here was not so much reform as it was to revive the discredited claim that Brown’s death was an apt symbol of police brutality against minorities.

What we should have learned in December and ought to finally grasp now is that those who have sought to exploit extraordinary cases like those of Brown and Garner are keeping the racial pot boiling for political purposes.

The acts of violence against police ought not to silence discussions about race or of wrongful actions on the part of law enforcement authorities. But what Holder, President Obama, Sharpton, and those who have echoed their charges in the media have done is to create a narrative of police racism that isn’t always justified by the facts. More to the point, they have created an atmosphere in which violence against police becomes not only thinkable but also expected.

After all, even before the shooting of the Ferguson cops yesterday, the New York Times was reporting that police were no longer handing out traffic tickets or doing the same sort of patrols they had done before Brown’s death because of fears of violence against them. By demonizing the police, the civil-rights movement had essentially created a law-free zone in Ferguson that cannot have done much to enhance the quality of life there. Most of all, it should be remembered that the months of demonstrations and condemnations were rooted in myths and outright lies that were given credence by national figures who should have known better.

The latest shootings should, as the December killings did, cause those trumpeting often-dubious claims of racism to think more carefully about what they are doing. Moral leadership from Washington is necessary to make good on the promise of American freedom and to recognize the achievements of the civil-rights movement. But all too often what we have gotten instead are statements aimed at wrongly portraying the America of 2015 as little different from that of 1965. Racists must be condemned and out-of-control and prejudiced law enforcement must be reformed. But what must also be changed is the kind of rhetoric that incites violence and promotes harmful myths that encourage hate and division.

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Obama’s Multipronged Assault on Truth and Reality

President Obama is fond of invoking the term “narrative,” so it’s worth considering several instances in which he invokes exactly the wrong narrative–the wrong frame–around events.

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President Obama is fond of invoking the term “narrative,” so it’s worth considering several instances in which he invokes exactly the wrong narrative–the wrong frame–around events.

The most obvious is the president’s repeated insistence that militant Islam is utterly disconnected from the Islamic faith. As this much-discussed essay in the Atlantic points out:

Many mainstream Muslim organizations have gone so far as to say the Islamic State is, in fact, un-Islamic. It is, of course, reassuring to know that the vast majority of Muslims have zero interest in replacing Hollywood movies with public executions as evening entertainment. But Muslims who call the Islamic State un-Islamic are typically, as the Princeton scholar Bernard Haykel, the leading expert on the group’s theology, told me, “embarrassed and politically correct, with a cotton-candy view of their own religion” that neglects “what their religion has historically and legally required.” Many denials of the Islamic State’s religious nature, he said, are rooted in an “interfaith-Christian-nonsense tradition.”

The author, Graeme Wood, adds this:

According to Haykel, the ranks of the Islamic State are deeply infused with religious vigor. Koranic quotations are ubiquitous. “Even the foot soldiers spout this stuff constantly,” Haykel said. “They mug for their cameras and repeat their basic doctrines in formulaic fashion, and they do it all the time.” He regards the claim that the Islamic State has distorted the texts of Islam as preposterous, sustainable only through willful ignorance. “People want to absolve Islam,” he said. “It’s this ‘Islam is a religion of peace’ mantra. As if there is such a thing as ‘Islam’! It’s what Muslims do, and how they interpret their texts.” Those texts are shared by all Sunni Muslims, not just the Islamic State. “And these guys have just as much legitimacy as anyone else.”

President Obama continues to insist the opposite, pretending that what is true is false, and even suggesting those who are speaking the truth are actually endangering the lives of innocent people. This makes Mr. Obama’s comments offensive as well as ignorant.

But that hardly exhausts the examples of false narratives employed by the president. As this exchange between Fox’s Ed Henry and White House press secretary Josh Earnest demonstrates, in its statement the White House avoided saying that the 21 Egyptian Christians who were beheaded by members of ISIS were Christian, even though that was the reason they were beheaded. At the same time the president suggested that the murder of three Muslim students at the University of North Carolina was because they were Muslim, when in fact that wasn’t by any means clear when the White House issued its statement. (The shooting appears to have involved a long-standing dispute over parking.) So when Christian faith is a factor in a massacre, it’s denied, and when there’s no evidence that the Islamic faith was a factor in a killing, it’s nevertheless asserted.

And then there was the shooting in Ferguson, Missouri, in which the president and his attorney general constantly spoke about the shooting of Michael Brown by Officer Darren Wilson as if race was a factor in the shooting. That assertion is fiction. It was an invention, just as it was an invention to suggest, as the president did back in 2009, that the arrest of Harvard professor Henry Louis Gates Jr. by Cambridge Police Sgt. James Crowley was racially motivated.

Here, then, are three separate examples of the president imposing a false narrative on events. (I could cite many others.) Which makes Mr. Obama a truly post-modern president, in which there is no objective truth but simply narrative. Mr. Obama doesn’t just distort the facts; he inverts them. He makes things up as he goes along. This kind of thing isn’t unusual to find in the academy. But to see a president and his aides so thoroughly deconstruct truth is quite rare, and evidence of a stunningly rigid and dogmatic mind.

The sheer audacity of Mr. Obama’s multipronged assault on truth is one of the more troubling aspects of his deeply troubling presidency.

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The Return of Rudy Giuliani

Rudy Giuliani never fully left the national political scene after his brief run for the Republican presidential nomination ahead of the 2008 election. New York is too newsworthy a place, and Giuliani too newsworthy a figure, for him to fade just yet. But it’s clear now that with the issue of policing minority communities in the news and with the NYPD at the center of it, Giuliani has become a prominent spokesman for the police once again. Hizzoner never shies away from a fight, and the media has gone looking for one. (Which may help explain why Rudy, and not the current mayor’s immediate predecessor Michael Bloomberg, has been the go-to pol on the issue.) And yet again, the press has gone looking for a fight it hasn’t figured out how to win.

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Rudy Giuliani never fully left the national political scene after his brief run for the Republican presidential nomination ahead of the 2008 election. New York is too newsworthy a place, and Giuliani too newsworthy a figure, for him to fade just yet. But it’s clear now that with the issue of policing minority communities in the news and with the NYPD at the center of it, Giuliani has become a prominent spokesman for the police once again. Hizzoner never shies away from a fight, and the media has gone looking for one. (Which may help explain why Rudy, and not the current mayor’s immediate predecessor Michael Bloomberg, has been the go-to pol on the issue.) And yet again, the press has gone looking for a fight it hasn’t figured out how to win.

The media’s beclowning at the hands of the man who played a major role in saving New York City from the left began, unsurprisingly, with the new breed of liberal columnists calling themselves “fact checkers.” The moniker is usually the columnists’ way of cutting corners on reporting and research and appealing to authority instead of to facts. The Washington Post’s Michelle Ye Hee Lee picked a fight with Rudy in late November and thoroughly embarrassed herself.

The background was that after the Ferguson, Missouri death of Michael Brown after a struggle with a police officer, Giuliani appeared on Meet the Press to talk about the often fraught relationship between the police and the communities they serve and protect. Giuliani doesn’t mince words, so when he made a comment about black-on-black crime, liberal grievance mongers perked up and went to work trying (unsuccessfully) to slime him. One of those was Michelle Ye Hee Lee.

The “fact-checked” comment was Giuliani’s claim that “93 percent of blacks are killed by other blacks.” The Post checked the numbers and found that Giuliani was correct. Case closed, right? Of course not. Citing a lack of “context” (more on that in a moment), the Post gave Giuliani’s 100-percent correct statement two Pinocchios. The explanation: “Ultimately, it is misleading for Giuliani to simplify this topic to the 93 percent statistic and then omit the corresponding statistic for intraracial white murders.”

This is exactly wrong. Giuliani was asked by Chuck Todd (as the Post noted in passing) about the racial makeup of police forces and the corresponding racial makeup of the communities they serve. The question was about whether a place like Ferguson was a powder keg because it has a police force much whiter than the town. In other words, would racial homogeneity be a solution? Giuliani’s response was perfectly on point: No, racial homogeneity does not reduce violence according to the government’s own statistics. Giuliani didn’t mention white-on-white crime because he wasn’t asked about it, but it also proves his point.

Giuliani would become something of a ubiquitous presence on cable news and political talk shows when the controversy made its way to New York, after an unarmed black man was killed by a police officer during an arrest and the officer was not indicted by the grand jury. Mass protests ensued, the relationship between Mayor Bill de Blasio—a former admirer of Marxist revolutionaries and an acidic critic of the police—deteriorated, and two police officers were executed on the job by a man claiming revenge for both recent police incidents.

Giuliani criticized de Blasio, whose handling of the situation (he lost influence among the leftist protesters as well, making him almost irrelevant to solving the escalating tensions) could hardly have been worse. He also criticized President Obama, who had been elevating the anti-Semitic extremist Al Sharpton in profile as an advisor on race. Giuliani was right, of course, but he actually defended de Blasio at times as well.

He refused to blame the political leadership for the murder of the two cops, rebutting the claim by some on the right that de Blasio had “blood on his hands.” He also criticized the police for turning their backs on de Blasio in public. But that didn’t stop the left from simply pretending Giuliani said things he didn’t.

Haaretz columnist Peter Beinart wrote a mildly delusional piece criticizing those who criticize incitement. This was Beinart’s way of furthering the deeply unintelligent meme that Benjamin Netanyahu belongs not in his own country but in America so he can join the Republican Party. But smearing Giuliani was also part of the argument. Early in the column, Beinart wrote:

Earlier this week, after a deranged African American man murdered two New York policemen, former New York mayor Rudy Giuliani blamed “four months of propaganda,” led by U.S. President Barack Obama, which convinced the killer “that everybody should hate the police.”

In fact, the opposite is true. If you follow Beinart’s link (which shows that he must have known what he was writing was completely untrue), you come to a Politico story that debunks the accusation. The line just before saying who Giuliani blamed says that when Giuliani was specifically asked “if he had ever seen the city he once governed so divided, Giuliani shook his head and said, ‘I don’t think so.’”

Giuliani was pointing fingers at the political leadership over the divided atmosphere in the city, not the murders. When people started assigning blame to de Blasio, Giuliani fired back at his own side, telling them to dial down their rhetoric:

“Stop this stuff with ‘the blood is on his hands.’ The blood is not on his hands,” the former mayor told 1010 WINS. “I don’t think the mayor is responsible for this. I think that’s an incorrect and incendiary charge…I do think he should change some of his policies.”

So why are people spreading easily disproved fabrications about Giuliani? The answer might lie in his latest date with the Washington Post’s fact checkers. Just before the year was out, Michelle Ye Hee Lee took one more swing at Hizzoner, and missed badly. The statement being fact checked was Giuliani’s claim that Obama “has had Al Sharpton to the White House 80, 85 times. … You make Al Sharpton a close adviser, you are going to turn the police in America against you.”

The Post again checked Rudy’s stats, and again found them to be correct. But he still received one Pinocchio for the part about Sharpton being a close advisor. Giuliani was referencing reporting that Obama had made Sharpton just such an advisor on race issues. He was right again. But the Post disagreed because … well, because they didn’t want him to be right.

Giuliani has a habit of saying the truth in the least-equivocating way possible. It sounds inflammatory, and he is forever offering uncomfortable truths. If you accurately report what he says, you undercut, if not demolish completely, the left’s argument. And so those with an agenda appear incapable of telling the truth when it means they agree with Rudy Giuliani.

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The Progressive Movement’s Anti-Cop Narrative

I don’t believe New York City Mayor Bill de Blasio has “blood on his hands,” which is the accusation made by Patrick Lynch, president of the largest and most influential union of the New York City Police Department, in the aftermath of the horrific assassinations of Officers Wenjian Liu and Rafael Ramos. The killer, Ismaaiyl Brinsley, was a wicked and deeply disturbed person. It’s simply wrong to blame public figures for words or actions, even unwise ones, that might conceivably trigger deranged people to commit violence. That was true when Bill Clinton blamed conservatives for the actions of Timothy McVeigh and when liberals blamed Sarah Palin for the shooting of Representative Gabrielle Giffords.

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I don’t believe New York City Mayor Bill de Blasio has “blood on his hands,” which is the accusation made by Patrick Lynch, president of the largest and most influential union of the New York City Police Department, in the aftermath of the horrific assassinations of Officers Wenjian Liu and Rafael Ramos. The killer, Ismaaiyl Brinsley, was a wicked and deeply disturbed person. It’s simply wrong to blame public figures for words or actions, even unwise ones, that might conceivably trigger deranged people to commit violence. That was true when Bill Clinton blamed conservatives for the actions of Timothy McVeigh and when liberals blamed Sarah Palin for the shooting of Representative Gabrielle Giffords.

But here’s what I do believe: Mayor de Blasio, along with Attorney General Eric Holder and President Obama, have spoken in ways that have created a false and pernicious narrative, one that would lead you to believe that race was a factor in the shooting of Michael Brown in Ferguson and the death of Eric Garner in Staten Island–and, more broadly, that (a) racism is a prominent problem in many of America’s 18,000 state and local law enforcement agencies in the United States; (b) African-Americans are frequently targeted by cops because of bigotry; and (c) the main problem facing inner-city blacks is white cops. None of that is true. That doesn’t mean that now and then there aren’t racists cops; nor does it mean that mistakes aren’t made. But the storyline itself is at its core a lie–and rather than challenge the lie, de Blasio, Holder, and Obama have given it oxygen.

There’s very little question that to varying degrees Messrs. de Blasio, Holder, and Obama have lent their voices and moral authority in ways that have created greater distrust toward the police, from President Obama wrongly accusing the Cambridge police of acting “stupidly” after a run-in with Harvard Professor Henry Louis Gates Jr. to the attorney general sending in federal agents as a way of signaling his unhappiness with grand jury verdicts that sided with the police to Mayor de Blasio linking the death of Mr. Garner to systematic police racism. (I recommend this fine editorial by National Review on Mayor de Blasio, saying he has “repeatedly given voice to unfounded allegations of racial bias in the police department.”)

I will repeat what I’ve said before: Cops are not only by and large impressive and admirable individuals who do very difficult jobs with skill and professionalism; they are among the best friends that communities, most especially inner-city communities, have. It would be nice if our political leaders would say that more than they now do, without the constant caveats slyly inserted to erode support for law enforcement officials.

It isn’t a good thing when the president of the United States, the attorney general, and the mayor of New York City grant more esteem and deference to a divisive and dishonest charlatan like Al Sharpton than they do to the police. (This Politico story refers to Sharpton as the president’s “go-to man on race.”) But that is what the progressive movement in America has given to us. Our communities and race relations are worse because of it; and so is our nation.

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Presidential Legacies on Race Are Built on Laws, Not Speeches

The recent Bloomberg poll showing that a majority of Americans believe race relations have worsened on President Obama’s watch probably doesn’t have too much to do with Obama himself. No doubt he has contributed his fair share by running two presidential campaigns predicated on the belief that opposition to him was racist, and then writing off policy dissent as racist too. But the recent events in Ferguson and Staten Island of the death of black men at the hands of police have resulted in national protests. The public may have been tuning Obama out lately, but they notice riots and traffic-stopping “die-ins,” as well as retaliatory race-based violence.

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The recent Bloomberg poll showing that a majority of Americans believe race relations have worsened on President Obama’s watch probably doesn’t have too much to do with Obama himself. No doubt he has contributed his fair share by running two presidential campaigns predicated on the belief that opposition to him was racist, and then writing off policy dissent as racist too. But the recent events in Ferguson and Staten Island of the death of black men at the hands of police have resulted in national protests. The public may have been tuning Obama out lately, but they notice riots and traffic-stopping “die-ins,” as well as retaliatory race-based violence.

Obama has fumbled on race relations in other ways, notably not reining in Eric Holder’s politicization of all things race and by making ill considered comments about cases on which he had very clearly not been fully briefed. And so it’s no surprise that Obama has pulled back recently, treating a sensitive issue with something closer to the careful deliberation it requires. African-American advocates and activists have responded by criticizing him for it, the New York Times reports:

As crowds of people staged “die-ins” across the country last week to protest the deaths of unarmed black men at the hands of police officers, young African-American activists were in the Oval Office lodging grievances with President Obama.

He of all people — the first black president of the United States — was in a position to testify to the sense of injustice that African-Americans feel in dealing with the police every day, the activists told him. During the unrest that began with a teenager’s shooting in Ferguson, Mo., they hoped for a strong response. Why was he holding back?

But the Times story gets at something of more practical interest to the president. After conveniently whitewashing the Obama administration’s poor record on race relations, the story explains that Obama’s inner circle has begun pressing Obama to, essentially, make this moment about himself and put the current conflicts to work in the service of his own legacy.

“White House advisers say addressing the nation’s racial conflicts is now an imperative for the president’s final years in office,” the Times reports, and then unsurprisingly follows that assertion with a quote from Valerie Jarrett. It’s entirely understandable for presidents to want to shape their legacies, especially on issues that have become inseparably entangled with their careers. Race, for Obama, is one such issue. It’s also an issue that casts a long shadow over American history, and thus anyone responsible for marked improvements regarding race relations is seen as making a special contribution to the character of American life.

And yet, Obama’s advisors are going about this the wrong way. “Mr. Obama has stepped up some of his rhetoric,” the Times reports. For better or worse, however, rhetoric just won’t cut it. The improvement of race relations–specifically the cause of integration and anti-discrimination–in America has been done by laws, not speeches.

And in fact, those laws are often ahead of public opinion on the matter. The country wasn’t convinced to join hands and sing Kumbaya; instead, integration was accomplished by force of law.

A major change in the way race affected American life took place with the Second World War. William Lee Miller, in his joint biography of Harry Truman and Dwight Eisenhower, writes:

All-out war unsettles the society that fights it, and makes deep change possible. America’s “civil rights revolution,” although center stage from 1954 to 1965, did not begin with the great Court decision or the Montgomery bus boycott; its roots were in the war. The war changed blacks as well as whites and sharpened ideals. Black Americans sought war work and went north, or joined the army and were sent south. Northern African-Americans, who were drafted and sent to army camps in the South, were forced to the back of the bus, to the last seats in the theater, to the separated tables in the mess hall (southern African-Americans were, too, but the northerners were not accustomed to it). White Americans as well as black Americans were sent to England, to the Continent, to the Pacific. Civilians changed jobs and geography. Millions of blacks and whites moved to the North. Detroit exploded. There were “incidents,” protests, riots. Black activists, including A. Philip Randolph, threatened to march on Washington to protest discrimination, and as a result, Roosevelt signed the Fair Employment Act. The blatant racism of the enemy heightened awareness of national ideals; it also heightened frustration and moral outrage.

After the war, Truman pursued several avenues toward equality in a nation that could no longer ignore the issue. He established a committee on civil rights in 1946. It–and the report it produced–constituted a milestone of sorts, and Truman refused to squander the opportunity. Truman gave important speeches on the issue but only along with legislation he wanted passed. Congress blocked the legislation. So Truman took another route, issuing his executive order to desegregate the military.

Eisenhower, too, furthered the cause, and Congress would relent somewhat, passing the Civil Rights Act of 1957. Within a decade, under LBJ Congress would pass the far-reaching Civil Rights Act of 1964, and the rest is history. And that brings us to another reason Obama doesn’t have much of a legacy on racial healing: the major civil-rights acts have been law for decades; presidents now are tinkering at the margins.

That doesn’t mean those margins aren’t important. Sentencing reform, sensible changes in the war on drugs, and prison reform–Rick Perry’s Texas has been the model on this–can make a big difference. But there is no Truman-Ike-LBJ accomplishment on the horizon because race relations, equality under the law, and integration may not be perfect but they are far better than where they were. And the president certainly won’t change the world with a speech.

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The Case Against Ad Hominem Arguments

Mike Gallagher is a popular radio talk-show host. I’ve long had a cordial relationship with him, and I’ve appeared on his program many times. But Gallagher and I sometimes occupy very different rooms within the conservative mansion. He usually has me on when we disagree on something, and Thursday was no exception. He took issue with my piece on the killing of Eric Garner by Officer Daniel Pantaleo.

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Mike Gallagher is a popular radio talk-show host. I’ve long had a cordial relationship with him, and I’ve appeared on his program many times. But Gallagher and I sometimes occupy very different rooms within the conservative mansion. He usually has me on when we disagree on something, and Thursday was no exception. He took issue with my piece on the killing of Eric Garner by Officer Daniel Pantaleo.

One of the arguments Gallagher made is that the shooting of Michael Brown, who, the preponderance of evidence showed, assaulted and attacked Ferguson police officer Darren Wilson, was very nearly the same as the Pantaleo-Garner incident. This strikes me as bizarre. As Andrew McCarthy, the outstanding former federal prosecutor, wrote, “there is a difference between resisting arrest by not cooperating, as Garner was doing in Staten Island, and resisting arrest by violent assaults and threats of harm, as Michael Brown did in Ferguson.”

But I want to focus on another exchange we had. In this instance, Gallagher accused me, Charles Krauthammer, and Bill O’Reilly of “throwing the other side [liberals] a bone.” We decided to “feign disappointment with the grand jury decision to just show that we’re just trying to spread around the love a little bit here.” There was “a little bit of a contrived reaction on this issue.”

My response was that this kind of ad hominem criticism doesn’t really advance serious public debate. And there’s no end to this. To illustrate the point, I told Gallagher it’s the same thing I (or anyone else, for that matter) could do with him: go on his show and accuse him of putting forward views he can’t possibly believe for ratings, in order to play to his right-wing audience. You can see how frivolous and adolescent this can get. To slightly amend the philosopher Sidney Hook, before impugning an opponent’s motives, answer his arguments. (To be fair, Gallagher did back away from his claims a bit in the show.)

But there’s a deeper point to be made here. The reason Gallagher made this accusation against Krauthammer, O’Reilly, and me is because he simply can’t comprehend why we would hold the views we do. Gallagher considers his views so self-evidently right, and ours so self-evidently wrong, that the only explanation he can think of to make sense of things is that our views are inauthentic and manufactured.

This puts the spotlight on a widespread malady we find in several disciplines, including theology, philosophy, and politics: (a) the belief that I possess the whole truth; and (b) the inability to even entertain the idea that those who hold views different than mine might have some validity. In this case, to believe that a New York cop might have used too much force against Eric Garner is completely irrational and illogical; no conservative could believe such a thing. Hence the charge that our views are contrived.

I’m not naive; I know a variety of motivations can drive people to say and do all sorts of things, and sometimes individuals need to be called out. But as a general matter we should attack people’s motivations only in cases where there’s a fair amount of evidence of bad faith. Too often these days this is done reflexively, as a substitute for serious arguments. It’s a manifestation of lazy thinking.

All of us who are in the commentary business believe our views are right and those who hold views different than ours are wrong. Certitude comes with the territory. But there is such a thing as gradations, of where we fall on the continuum; and it does seem to me we live in a time characterized by unusual dogmatism and absolutism. Too many of us haven’t learned what is certainly one of the hardest things in life to learn, which is a certain epistemological modesty, the awareness that my understanding of the world isn’t fully accurate and that other people see things through a different lens than we do. That may make them wrong; it doesn’t make them dishonest or dishonorable.

My guess is that Mike Gallagher got caught up in the moment, which we all do. But it is a cautionary tale, precisely because what happened is so common these days. We really are better off without it.

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In Defense of Cops

Via Mediaite, this morning MSNBC’s Joe Scarborough criticized five members of the St. Louis Rams and several Democratic members of Congress for their “Hands Up, Don’t Shoot” gestures.

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Via Mediaite, this morning MSNBC’s Joe Scarborough criticized five members of the St. Louis Rams and several Democratic members of Congress for their “Hands Up, Don’t Shoot” gestures.

“The St. Louis Rams think it’s cool for them to suggest that St. Louis cops shoot young black men who had their hands up in the air, when we know that that was a lie?” Scarborough asked:

It’s a lie! And what was that gesture on Capitol Hill? More people like going, ‘It doesn’t matter whether it’s the truth or not, I’m going to suggest that cops shoot people with their hands up in the air.’ What is wrong with this country? What is wrong with these people? What’s wrong with these elected officials? They know it’s a lie! They know the cops didn’t shoot him with his hands in the air! They know it’s a lie and they are doing this on the Capitol floor? Unbelievable.

Three points on this. First, Mr. Scarborough deserves credit for speaking out in a way that is wholly at odds with the storyline being presented by his network, to the point that he even criticized MSNBC directly yesterday, when he also addressed the Ferguson shooting and its aftermath. He’s showing admirable independence of judgment.

Second, Scarborough homes in on the key issue: The statements of solidarity with Michael Brown are based on events that didn’t happen. What we see is a narrative being offered that is clearly at odds with what actually occurred. It’s clear from the forensic and credible eyewitness accounts that Officer Darren Wilson was justified in shooting Mr. Brown and that race didn’t play a factor in the shooting. No matter. People on the left want us to travel with them through the looking glass, to a world turned sideways. Some of us are declining to do so.

Third, the liberal context for this “discussion” and “dialogue” on race is that the criminal justice system is endemically racist and one of the great, urgent problems facing black Americans is white cops gunning them down in cold blood. That, too, is a fiction.

It is quite an odd thing when a police officer acts in a perfectly defensible way, to the point that a grand jury refuses to indict him based on the available evidence, and that this incident triggers an intense national debate in which the assumption is that the blame–either in Ferguson specifically or in America more generally–rests with the cops.

I dissent.

This doesn’t mean that there aren’t police officers who are racists and doing bad things; but there are racists in every profession. And here’s what needs to be said but is hardly ever said: Cops are not only by and large impressive and admirable people who do very difficult jobs with skill and professionalism; they are among the best friends that communities, most especially inner city communities, have. That’s what former NBA great Charles Barkley was getting at in this interview.

I’m not unsympathetic to the challenges facing those who are black in America; I wrote about it recently. What bothers me in the discussion surrounding the events in Ferguson is that (a) many people are simply and willfully divorcing themselves from facts and reality, twisting events to make a political point; and (b) cops–including Darren Wilson but also virtually every cop on the beat–are being unfairly tarnished in the process. Somehow it’s their reputations that are being undone. That’s wrong, and someone should say it’s wrong.

Thankfully Joe Scarborough and Charles Barkley did.

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The Grand Jury System Is Broken

The announcement of the grand jury’s decision in the Ferguson case could hardly have been worse handled. The prosecutor waited until well after nightfall to make the announcement and the governor, having mobilized the national guard to protect persons and property, kept them in their barracks while the rioters ran wild.

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The announcement of the grand jury’s decision in the Ferguson case could hardly have been worse handled. The prosecutor waited until well after nightfall to make the announcement and the governor, having mobilized the national guard to protect persons and property, kept them in their barracks while the rioters ran wild.

But many on the left are blaming the way the prosecuting attorney, Robert McCulloch, presented the case to the grand jury. Dana Milbank in the Washington Post wrote that

What causes the outrage, and the despair, is the joke of a grand-jury proceeding run under the auspices of McCulloch, the St. Louis County prosecutor. In September, I wrote that it appeared he wasn’t even trying to get an indictment; he had a long record of protecting police in such cases, and his decision not to recommend a specific charge to the grand jury essentially guaranteed there would be no indictment.

A New York Times editorial argued that

Instead of conducting an investigation and then presenting the case and a recommendation of charges to the grand jury, his office shifted its job to the grand jury. It made no recommendation on whether to indict the officer, Darren Wilson, but left it to the jurors to wade through masses of evidence to determine whether there was probable cause to file charges against Officer Wilson for Mr. Brown’s killing.

Former Chief Judge Sol Wachtler of New York once famously said that a district attorney could get a grand jury to “indict a ham sandwich” if that’s what he wanted. Milbank and the Times are essentially arguing that McCulloch should have done exactly that: abuse the grand jury system in order to get an indictment that most people who have looked at the massive amount of evidence he released say would not have resulted in a conviction.

But if grand juries almost always do what the district attorney wants, why do we need grand juries at all? Well, one answer to that question is the 5th Amendment to the Constitution which says that “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, …” And as Andrew McCarthy notes in National Review Online the Founding Fathers regarded the grand jury as a core protection:

It stands as the buffer between the government prosecutor and the citizen-suspect; it safeguards Americans, who are presumed innocent, from being subjected to the anxiety, infamy and expense of a trial unless there is probable cause to believe they have committed a serious offense.

But as Judge Wachtler implied, it no longer serves that function and has become deeply and institutionally corrupt. It has become a means for prosecuting attorneys to further their political ambitions. They are almost always elected officials in this country and many successful politicians have begun their careers that way. Thomas E. Dewey and Rudi Giuliani are two examples of politicians who used their position as prosecuting attorneys to quite deliberately generate publicity for themselves and move on to higher office. It was Dewey who invented the “perp walk” with reporters invited to be in attendance when a person was arrested.

Grand juries no longer exist in any other common law country. In England and Wales they were abandoned more than eighty years ago. Nor are there political district attorneys. Instead police take the evidence of a crime to the Crown Prosecution Service, staffed by bureaucrats not politicians, and the CPS decides if there is strong enough evidence and that justice would be served by holding a trial before a petit jury.

The grand jury system is broken and it either needs to be thoroughly reformed in order to provide the needed protection from an overreaching prosecuting attorney or the 5th Amendment needs to be itself amended.

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Ham Sandwich Indictments and the Riot

The nation is still reeling this morning from last night’s televised riot in the streets of Ferguson, Missouri in the aftermath of the decision of a St. Louis County grand jury not to indict police officer Darren Wilson for the death of black teenager Michael Brown. Without offering any opinion either criticizing the grand jury’s decision or supporting it, I do however wonder about one particular trope that was often heard last night on CNN and MSNBC. Namely, that the prosecutor that had presented the evidence on the case had erred by not doing so in a manner that would have dictated an indictment. The consensus on those networks of their panels of “legal experts” was that it was the duty of the prosecutor to play out the “ham sandwich” paradigm of grand jury panels. My question today is to ask why anyone would think such behavior would be a good thing under any circumstance.

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The nation is still reeling this morning from last night’s televised riot in the streets of Ferguson, Missouri in the aftermath of the decision of a St. Louis County grand jury not to indict police officer Darren Wilson for the death of black teenager Michael Brown. Without offering any opinion either criticizing the grand jury’s decision or supporting it, I do however wonder about one particular trope that was often heard last night on CNN and MSNBC. Namely, that the prosecutor that had presented the evidence on the case had erred by not doing so in a manner that would have dictated an indictment. The consensus on those networks of their panels of “legal experts” was that it was the duty of the prosecutor to play out the “ham sandwich” paradigm of grand jury panels. My question today is to ask why anyone would think such behavior would be a good thing under any circumstance.

It was clear from the start that any vote other than one for a murder indictment would be treated as an act of racist indifference that many African-Americans would never accept. The tragedy that has unfolded in Ferguson is one to which there are no easy answers. Clearly, African Americans approach the issue of police shootings of young black males from the perspective that such incidents are the product of racism and it would be insensitive as well as pointless to claim that they are wrong to see it from this point of view even if the facts of this particular case clearly led the grand jury to treat the shooting as something that did not warrant a murder trial.

Yet I am intrigued by the attacks on St. Louis County Prosecutor Robert McCulloch for his decision not to attempt to manipulate the grand jury in the style that is usual for district attorneys and which goes under the rubric of “ham sandwich” indictments. It is a cliché, but nonetheless true, that any good district attorney can get a grand jury to indict a ham sandwich. The reason for this is that they control the evidence presented to the grand jury and the witnesses and potential defendants have no say in the forum as to what is heard other than their own testimony.

The presumption of McCulloch’s critics is that by choosing not to focus the grand jury only on those witnesses and evidence that would have inclined them to indict and instead showing them everything he had, including exculpatory material that led them to think Officer Wilson’s behavior did not amount to a crime, he had “failed.” In essence these legal talking heads accused him of tanking the case by “confusing” the grand jury with two sides of the argument rather than just guiding them toward an indictment.

To be fair, those who spoke of McCulloch’s behavior as being unusual are not entirely wrong. Prosecutors on every level of our judicial system generally behave in this manner. Those in the cross-hairs of district attorneys may eventually have their day in court when their case comes to trial, when their evidence is presented and which includes the obligation of juries to not convict anyone if reasonable doubt can be found about their guilt. But grand juries are not places where justice of that sort is always done. Ham sandwich indictments happen every day, and it can be argued that procuring one in this case would have spared Ferguson a riot from angry, violent people who wanted Wilson punished whether or not he is actually guilty of crime.

McCulloch may have acted in this manner because he is, as his local critics claim, predisposed to believe the police rather than the African-American community. Even if that is unfair it seems clear that he doubted that Wilson should be charged or at least felt, probably rightly, that there was little chance of gaining a conviction.

But whatever we may think of McCulloch or the specifics of this case, there is something wrong with a mindset that believes that a prosecutor isn’t doing his job if he is playing fair.

There is an old expression in sports that says, “if you ain’t cheating, you ain’t trying.” That presupposes a belief that the job of all competitors is to seek every possible advantage, legal or not. And it is one that most district attorneys general take as seriously as any athlete who thinks winning at all costs is the only way to go.

Yet instead of doubling down on this assumption, perhaps it might not be a bad thing if more prosecutors acted as McCulloch did and presented all of the facts to grand juries rather than only those that will get them a desired indictment. Perhaps we might have a more fair system that all citizens—including minorities that have historic grievances and concerns about getting short shrift from the system that can’t be ignored—might benefit from if there were fewer instead of more ham sandwich indictments. Surely our legal system is troubled more by out-of-control prosecutors who run roughshod over the rights of the accused — and sometimes use ham sandwich indictments to blackmail defendants who might not be able to afford trial costs to accept a plea bargain —than by those who are scrupulous about not tipping the scales of justice.

If the worst thing we can say about the St. Louis County prosecutor’s office is that they behaved in the latter fashion, then maybe McCulloch is not quite the villain he had been made out to be. Moreover, those who, whether intentionally or not, egged on the rioters by claiming that McCulloch had performed an act of professional malfeasance should think seriously about the implications of such an unreasonable position.

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Rudy Giuliani vs. the Ignorant Agitators

There was some controversy over on Meet the Press this weekend when Rudy Giuliani got into a bit of a heated exchange on race, Ferguson, and public safety with Michael Eric Dyson, MSNBC’s Vice President of Accusing Everything That Moves of Being Racist. Dyson claimed, in a comment that should discredit him to anyone still taking him seriously, that Giuliani’s comments about black-on-black crime stemmed from “the defensive mechanism of white supremacy.” This morning on Fox, Giuliani defended his comments: “I probably saved more black lives as mayor of New York City than any mayor in the history of the city, with the possible exception of Mike Bloomberg, who was there for 12 years.” Yet while the argument centered on police action, to understand Giuliani’s contribution to this issue–which is even greater than he says himself–it’s important to take a step back from the policing issue.

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There was some controversy over on Meet the Press this weekend when Rudy Giuliani got into a bit of a heated exchange on race, Ferguson, and public safety with Michael Eric Dyson, MSNBC’s Vice President of Accusing Everything That Moves of Being Racist. Dyson claimed, in a comment that should discredit him to anyone still taking him seriously, that Giuliani’s comments about black-on-black crime stemmed from “the defensive mechanism of white supremacy.” This morning on Fox, Giuliani defended his comments: “I probably saved more black lives as mayor of New York City than any mayor in the history of the city, with the possible exception of Mike Bloomberg, who was there for 12 years.” Yet while the argument centered on police action, to understand Giuliani’s contribution to this issue–which is even greater than he says himself–it’s important to take a step back from the policing issue.

While Giuliani was not anyone’s idea of a traditional social conservative, there were aspects of his public policy of which the ends and the means were more conservative than he’s often given credit for. That’s why it’s worth putting the policing issue aside for the moment and concentrating on something else: his approach to inner city poverty and the role of fatherhood.

In a 2007 piece in City Journal appropriately titled “Yes, Rudy Giuliani Is a Conservative” (a premise many conservatives take issue with but one that is followed by a perfectly coherent case in the article), Steven Malanga goes over Giuliani’s highly successful welfare reform. And after discussing welfare, Malanga offers the following paragraph, which is rarely discussed but seems crucial to understanding Giuliani as a politician:

As part of Giuliani’s quintessentially conservative belief that dysfunctional behavior, not our economic system, lay at the heart of intergenerational poverty, he also spoke out against illegitimacy and the rise of fatherless families. A child born out of wedlock, he observed in one speech, was three times more likely to wind up on welfare than a child from a two-parent family. “Seventy percent of long-term prisoners and 75 percent of adolescents charged with murder grew up without fathers,” Giuliani told the city. He insisted that the city and the nation had to reestablish the “responsibility that accompanies bringing a child into the world,” and to that end he required deadbeat fathers either to find a private-sector job or to work in the city’s workfare program as a way of contributing to their child’s upbringing. But he added that changing society’s attitude toward marriage was more important than anything government could do: “[I]f you wanted a social program that would really save these kids, . . . I guess the social program would be called fatherhood.”

That is, in fact, something cultural conservatives–really anybody, but cultural conservatives in particular–should celebrate. And if offers a clear window into Giuliani’s approach to public policy. Public safety per se wasn’t the foundational principle of Giuliani’s mayoralty; it was a beneficial, and in some cases practically revolutionary, outgrowth of its real foundation: dignity.

There is much that Missouri police have done since the tragic death of Michael Brown that robs members of the Ferguson community of their dignity. So the point is not tough policing uber alles, nor would that have been Giuliani’s choice. Indeed, as I wrote at the time, the hasty militarization of the county police force was a mistake. When you work for the government in some powerful capacity, and you approach a citizen, how you approach that citizen tells him how the government sees him. If you show up on a tank-like vehicle dressed like you’re about to enter a war zone, the message you send to the citizens you are policing is that the government sees them as a warlike population. St. Louis County did not declare war on the Ferguson community, but could you blame them for wondering if they had?

Giuliani took the opposite tack, refusing to behave like an invading general, despite what his dimmest critics might claim. And what was the result? To briefly revisit Malanga:

Giuliani’s policing success was a boon to minority neighborhoods. For instance, in the city’s 34th Precinct, covering the largely Hispanic Washington Heights section of Manhattan, murders dropped from 76 in 1993, Dinkins’s last year, to only seven by Giuliani’s last year, a decline of more than 90 percent. Far from being the racist that activists claimed, Giuliani had delivered to the city’s minority neighborhoods a true form of equal protection under the law.

Those of us who have lived in Washington Heights know this is no joke. Those who like to play expert on MSNBC are usually speaking out of ignorance.

And the key point here is to understand that the belief in the dignity of men, women, and children, of families, infused every decision Giuliani made with regard to improving public safety in minority neighborhoods and the city at large. Accusations of “white supremacist” thinking aren’t merely obscenely stupid, though they are certainly that. They also tend to come from those who have never shown the black community a fraction of the respect or service Giuliani has.

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Resisting the Ferguson Temptation

Some news stories are like Rorschach tests in that, irrespective of the facts of the cases, they inspire journalists, pundits, and politicians to ride all of their familiar hobbyhorses to death. That is the reality of the massive media coverage of the shooting of Michael Brown in Ferguson, Missouri by a policeman, and the violent aftermath of that event is so obvious it barely needs to be pointed out. But as cable news stations embrace the story as another, perhaps juicier version of last year’s trial of George Zimmerman for the shooting of Trayvon Martin, it might be better if more public figures embrace the stance enunciated by Rep. Paul Ryan.

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Some news stories are like Rorschach tests in that, irrespective of the facts of the cases, they inspire journalists, pundits, and politicians to ride all of their familiar hobbyhorses to death. That is the reality of the massive media coverage of the shooting of Michael Brown in Ferguson, Missouri by a policeman, and the violent aftermath of that event is so obvious it barely needs to be pointed out. But as cable news stations embrace the story as another, perhaps juicier version of last year’s trial of George Zimmerman for the shooting of Trayvon Martin, it might be better if more public figures embrace the stance enunciated by Rep. Paul Ryan.

Unlike virtually everyone else who has commented on the shooting and the subsequent rioting in Ferguson, Ryan simply asked that those who speak about these events refrain from attempts to exploit what has happened. Not succumbing to the temptation to use the social pathologies on display in Missouri as fodder to promote his new book, Ryan said the following:

“Don’t try to capitalize on this tragedy with your own policy initiatives, don’t try to link some prejudged conclusion on what’s happening on the ground right now,” the Wisconsin Republican said on “Fox and Friends.” “We should take a deep breath, let’s have some sympathy for the family and the community … and let’s let the investigation take its course and hope that justice is served appropriately.”

That’s good advice, and the media figures and so-called racial activists like Al Sharpton, who have descended upon Ferguson like a ravenous flock of vultures, would do well to heed it if they actually cared about the citizens of this troubled town or race relations across the country.

The Brown shooting, like the death of Martin, has become more of an opportunity to rehearse the usual litany of liberal ideological rants in which this heretofore-obscure town has become a symbol of racism. Rather than let the facts of the case—whatever they may be—be uncovered and then let the legal process play out, the impulse to prejudge the case has consistently prevailed. Whether that means an assumption that the police officer is guilty of murder or that the victim was somehow responsible for the incident, neither set of arguments has done much to advance the cause of justice of the peace of that community.

As Fred Siegel correctly noted in City Journal yesterday, most of those who have weighed in with commentary about Ferguson are stuck in the 1960s, a perspective from which all violence is viewed through the lens of the civil-rights movement. Those who play this game rarely stop to reflect that a half century later, an African-American president now governs the same country. Nor do they ponder the fact that solutions to the problems of such communities cannot be found in the playbook employed by those who protested against now vanished Jim Crow laws in an America that no longer exists. Sharpton and the pack of so-called civil-rights leaders who have parachuted into this mess have clearly done more harm than any possible good.

To acknowledge this reality does not oblige anyone to be indifferent to the anger of Ferguson residents about what they perceive as misconduct by the police or the ham-handed response to subsequent protests and riots by the authorities. But if we were to avoid merely repeating the same destructive narrative about racism that did so much damage in the Martin case, then it would behoove those commenting on the issue to refuse to rehearse, as Siegel says, “The grotesque pantomime of repression and redemption, riots and never-quite-achieved rewards, [that] plays out time and again.” As Siegel says, using Brown’s death to pivot into discussions about race, white flight, or urban/suburban jurisdiction disputes is a mistake.

Neither Sharpton nor anyone else talking on television really knows what happened when Brown died. Until we get a better handle on that question, they should stop fomenting the sort of anger that leads to riots and more violence as we have seen the last several nights in Ferguson. The cable news commentariat is as determined not to learn from their mistakes in this case, just as they were during Zimmerman’s trial. They will, instead, repeat the same cant about race and suggest more of the same failed policies that have helped perpetuate these problems rather than fix them. Until we learn to resist this temptation, as Siegel writes, that failure ensures “there will be more Fergusons.”

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