The Plague of Historical Amnesia in the Age of Fascist Politics – CounterPunch.org

The Plague of Historical Amnesia in the Age of Fascist Politics

 

Photograph by Nathaniel St. Clair

As the boundaries of the unthinkable become normalized, historical consciousness is replaced by manufactured forms of historical amnesia and ignorance. As white supremacy becomes entrenched at the highest levels of power and in the public imagination, the past becomes a burden that must be shed.[1] Disparaging, suppressing or forgetting the horrors of history has become a valued and legitimating form of political and symbolic capital, especially among the Republican Party and conservative media. Not only have history’s civic lessons been forgotten, but historical memory is also being rewritten, especially in the ideology of Trumpism, through an affirmation of the legacy of slavery, the racist history of the Confederacy, American exceptionalism, and the mainstreaming of an updated form of fascist politics.[2]

Theodor Adorno’s insights on historical memory are more relevant than ever. He once argued that as much as repressive governments would like to break free from the past, especially the legacy of fascism, “it is still very much alive.” Moreover, there is a price to be paid with “the destruction of memory.” In this case, “the murdered are …cheated out of the single remaining thing that our powerlessness can offer them: remembrance.”[3] Adorno’s warning rings particularly true at a time when two-thirds of young American youth are so impoverished in their historical knowledge that they are unaware that six million Jews were murdered in the Holocaust.[4] On top of this shocking level of ignorance is the fact that “more than one in 10 believe Jews caused the Holocaust.”[5]   Historical amnesia takes a particularly dangerous turn in this case, and prompts the question of how young people and adults can you even recognize fascism if they have no recollection or knowledge of its historical legacy.

The genocide inflicted on Native Americans, slavery, the horrors of Jim Crow, the incarceration of Japanese Americans, the rise of the carceral state, the My Lai massacre, torture chambers, black sites, among other historical events now disappear into a disavowal of past events made even more unethical with the emergence of a right-wing political language and culture. The Republican Party’s attack on critical race theory in the schools which they label as “ideological or faddish” both denies the history of racism as well as the way in which it is enforced through policy, laws, and institutions. For many republicans, racial hatred takes on the ludicrous claim of protecting students from learning about the diverse ways in which racism persist in American society. For instance, Republican Governor Ron DeSantis of Florida stated that “There is no room in our classrooms for things like critical race theory. Teaching kids to hate their country and to hate each other is not worth one red cent of taxpayer money.”[6] In this updated version of racial cleansing, the call for racial justice is equated to a form of racial hatred leaving intact the refusal to acknowledge, condemn, and confront in the public imagination the history and persistence of racism in American society

Bolstered by a former president and a slew of Vichy-type politicians, right-wing ideologues, intellectuals, and media pundits deny and erase events from a fascist past that shed light on emerging right-wing, neo-Nazi, and extremist policies, ideas, and symbols. As Coco Das points out given that 73 million people voted to re-elect Trump, it is clear that Americans “have a Nazi problem.”[7] This was also evident in the words and actions of former president Trump who defended Confederate monuments and their noxious past, the waving of Confederate flags and the display of Nazi images during the attempted coup on the Capital on January 6th, and ongoing attempts by the Republican Party legislators to engage in expansive efforts at enabling a minority government. America’s Nazi problem is also visible in the growing acts of domestic terrorism aimed at Asians, undocumented immigrants, and people of color.

Historical amnesia also finds expression in the right-wing press and among media pundits such as Fox News commentators Tucker Carlson and Sean Hannity, whose addiction to lying exceeds the boundaries of reason and creates an echo chamber of misinformation that normalizes the unspeakable, if not the unthinkable. Rational responses now give way to emotional reactions fueled by lies whose power is expanded through their endless repetition.  How else to explain the baseless claim made by them, along with a number of Republican lawmakers, right-wing pundits, and Trump’s supporters who baselessly lay the blame for the storming of the US Capitol on “Antifa.” These lies were circulated despite of the fact that “subsequent arrests and investigations have found no evidence that people who identify with Antifa, a loose collective of antifascist activists, were involved in the insurrection.”[8]

In this case, I think it is fair to re-examine Theodor W. Adorno’s claim that “Propaganda actually constitutes the substance of politics” and that the right-wing embrace of and production of an endless stream of lies and denigration of the truth are not merely delusional but are endemic to a fascist cult that does not answer to reason, but only to power while legitimizing a past in which white nationalism and racial cleansing become the organizing principles of social order and governance.[9]

In the era of post-truth, right-wing disimagination machines are not only hostile to those who assert facts and evidence, but also supportive of a mix of lethal ignorance and the scourge of civic illiteracy. The latter requires no effort to assess the truth and erases everything necessary for the life of a robust democracy. The pedagogical workstations of depoliticization have reached new and dangerous levels amid emerging right-wing populisms.[10] It is not surprising that we live at a time when politics is largely disconnected from echoes of the past and justified on the grounds that direct comparisons are not viable, as if only direct comparisons can offer insights into the lessons to be learned from the past. We have entered an age in which thoughtful reasoning, informed judgments, and critical thought are under attack.  This is a historical moment that resembles a dictatorship of ignorance, which Joshua Sperling rightly argues entails:

The blunting of the senses; the hollowing out of language; the erasure of connection with the past, the dead, place, the land, the soil; possibly, too, the erasure even of certain emotions, whether pity, compassion, consoling, mourning or hoping.[11]

It is clear is that we live in a historical period in which the conditions that produced   white supremacist politics are intensifying once again. How else to explain former President Trump’s use of the term “America First,” his labeling immigrants as vermin, his call to “Make America Great Again” — signaling his white nationalist ideology–his labeling of the press as “enemies of the people,” and his numerous incitements to violence while addressing his followers. Moreover, Trump’s bid for patriotic education and his attack on the New York Times’s 1619 Project served as both an overt expression of his racism and his alignment with right-wing white supremacists and neo-Nazi mobs. Historical amnesia has become racialized.  In the rewriting of history in the age of Trump, the larger legacy of “colonial violence and the violence of slavery inflicted on Africans” are resurrected as a badge of honor.[12]

America’s long history of fascist ideologies and the racist actions of a slave state, the racial cleansing espoused by the Ku Klux Klan, and an historical era that constitutes what Alberto Toscano calls “the long shadow of racial fascism” in America are no longer forgotten or repressed but celebrated in the Age of Trump.[13]  What is to be made of a former President who awarded the prestigious Medal of Freedom to a blubbering white supremacist, ultra-nationalist,  conspiracy theorist, and virulent racist who labeled feminists as “Feminazis.” In this case, one of the nation’s highest honors went to a man who took pride in relentlessly disparaging Muslims, referred to undocumented immigrants as “an invading force” and an “invasive species,” demonized people of color, and recycled Nazi tropes about racial purity while celebrating the mob that attacked the Capitol as “Revolutionary War era rebels and patriots.”[14] Under the banner of Trumpism, those individuals who reproduce the rhetoric of political and social death have become, celebrated symbols of a fascist politics that feeds off the destruction of the collective public and civic imagination.

William Faulkner once stated “The past is never dead. It’s not even past.” In its updated version, we live not only with the ghosts of genocide and slavery, but also with the ghosts of fascism—we live in the shadow of the genocidal history of indigenous inhabitants, the Ku Klux Klan, Jim Crow, and systemic police violence against people of color.[15] And while we live with the ghosts of our past, we have failed to fully confront its implications for the present and future. To do so would mean recognizing that updated forms of fascist politics in the current moment are not a rupture from the past, but an evolution.[16] White supremacy now rules the Republican Party and one of its tools of oppression is the militarization and weaponization of history. Fascism begins with language and the suppression of dissent, while both suppressing and rewriting history in the service of power and violence.

In the age of neoliberal tyranny, historical amnesia is the foundation for manufactured ignorance, the subversion of consciousness, the depoliticization of the public, and the death of democracy. It is part of a disimagination machine that is perpetuated in schools, higher education, and the corporate controlled media. It divorces justice from politics and aligns the public imagination with a culture of hatred and bigotry. Historical amnesia destroys the grammar of ethical responsibility and the critical habits of citizenship.  The ghost of fascism is with us once again as society forgets its civic lessons, destroys civic culture, and produces a populace that is increasingly infantilized politically through the ideological dynamics of neoliberal capitalism. The suppression of history opens the door to fascism. This is truly a lesson that must be learned if the horrors of the past are not to be repeated again. Fortunately, the history of racism is being exposed once again in the protests that are taking place all over the globe. What needs to be remembered is that such struggles must make education central to politics, and historical memory a living force for change. Historical memory must become a crucial element in the struggle for collective resistance, while transforming ideas into instruments of power.

Notes.

[1] John Gray, “Forgetfulness: the dangers of a modern culture that wages war on its own past,” New Statesman, [October 16, 2017]. Online: https://www.newstatesman.com/culture/books/2017/10/forgetfulness-dangers-modern-culture-wages-war-its-own-past

[2] Paul Street, “The Anatomy of Fascism Denial: 26 Flavors of Anti-Antifascism, Part 1,” Counter Punch. (Feb 7, 2021).Online https://www.counterpunch.org/2021/02/07/the-anatomy-of-fascism-denial/; Sarah Churchwell, “American Fascism: It Has Happened Again,” The New York Review of Books, [May 26, 2020].Online https://www.nybooks.com/daily/2020/06/22/american-fascism-it-has-happened-here/; Masha Gessen, Surviving Autocracy, (New York: Riverhead Books, 2020); Jason Stanley,  How Fascism Works: The Politics of Us and Them, [Random House, 2018); Henry A. Giroux, American Nightmare: Facing the Challenge of Fascism (San Francisco: City Lights 2018); Carl Boggs, Fascism Old and New: American Politics at the Crossroads (New York: Routledge, 2018); Timothy Snyder, On Tyranny: Twenty Lessons from the Twentieth Century (New York: Crown, 2017)

[3] Adorno, Theodor W., “The Meaning of Working Through the Past,” Guilt and Defense, trans. Henry W. Pickford, (Cambridge: Harvard University Press, 2010), p. 215.

[4] Harriet Sherwood, “Nearly two-thirds of US young adults unaware 6m Jews killed in the Holocaust,” The Guardian (September 16, 2020). Online: https://www.theguardian.com/world/2020/sep/16/holocaust-us-adults-study

[5] Ibid., Harriet Sherwood. Online: https://www.theguardian.com/world/2020/sep/16/holocaust-us-adults-study

[6] Michael Moline, and Danielle J. Brown “Gov. DeSantis has found a new culture-war enemy: ‘critical race theory,” Florida Phoenix (March 17, 2021). Online: https://www.floridaphoenix.com/2021/03/17/gov-desantis-has-found-a-new-culture-war-enemy-critical-race-theory/

[7] Coco Das, “What are you going to do about the Nazi Problem?” refusefascism.org. (November 24, 2020). Online:   https://revcom.us/a/675/refuse-fascism-what-are-you-going-to-do-about-the-nazi-problem-en.html

[8] Michael M. Grynbaum, Davey Alba and Reid J. Epstein, “How Pro-Trump Forces Pushed a Lie About Antifa at the Capitol Riot,” New York Times (March 1, 2021). Online: https://www.nytimes.com/2021/03/01/us/politics/antifa-conspiracy-capitol-riot.html

[9] Theodor W. Adorno, Aspects of the New Right-Wing Extremism (London: Polity, 2020), p. 13.

[10] I take this issue up in detail in Henry A. Giroux, Racism, Politics and Pandemic Politics: Education in a Time of Crisis (London: Bloomsbury, 2021).

[11] Joshua Sperling cited in Lisa Appignanesi, “Berger’s Way of Being,” The New York Review of Books (May 9, 2019). Online: https://www.nybooks.com/articles/2019/05/09/john-berger-ways-of-being/

[12] Angela Y. Davis, ed. Frank Barat. Freedom Is a Constant Struggle: Ferguson, Palestine and the Foundations of a Movement, (Haymarket Books, 2016: Chicago, IL), pp. 81-82.

[13] Alberto Toscano, “The Long Shadow of Racial Fascism,” Boston Review. (October 27, 2020). Online http://bostonreview.net/race-politics/alberto-toscano-long-shadow-racial-fascism;

[14] Anthony DiMaggio “Limbaugh’s Legacy: Normalizing Hate for Profit.” Counter Punch. (February 19, 2021). Retrieved  https://www.counterpunch.org/2021/02/19/limbaughs-legacy-normalizing-hate-for-profit/

[15] See, for instance, Ibram X. Kendi and Keisha N. Blain, eds.  Four Hundred Souls (New York: One World, 2021) and Eddie S. Glaude, Jr. Democracy in Black: How Race Still Enslaves the American Soul (New York: Crown, 2016).

[16] On the American origins of fascism, also see Michael Joseph Roberto, The Coming of the American Behemoth: The Origins of Fascism in the United States, 1920-1940 (New York: Monthly Review Press, 2018). Henry A. Giroux, American Nightmare: Facing the Challenge of Fascism(San Francisco: City Lights Books, 2018).

 

Henry A. Giroux currently holds the McMaster University Chair for Scholarship in the Public Interest in the English and Cultural Studies Department and is the Paulo Freire Distinguished Scholar in Critical Pedagogy. His most recent books are America’s Education Deficit and the War on Youth (Monthly Review Press, 2013), Neoliberalism’s War on Higher Education (Haymarket Press, 2014), The Public in Peril: Trump and the Menace of American Authoritarianism (Routledge, 2018), and the American Nightmare: Facing the Challenge of Fascism (City Lights, 2018), On Critical Pedagogy, 2nd edition (Bloomsbury), and Race, Politics, and Pandemic Pedagogy: Education in a Time of Crisis (Bloomsbury 2021):His website is http://www. henryagiroux.com.

Source: The Plague of Historical Amnesia in the Age of Fascist Politics – CounterPunch.org

the B|E note

The sensationalism and heightened anxiety around the trial of George Floyd’s murderer can have the unintended effect of limiting Black response as “episodic”

Publisher’s Riff

It’s difficult watching every angle and frame-by-frame take of testimony and evidence presented at the trial of former Minneapolis police officer Derek Chauvin when the outcome is fairly predictable. Even after the vivid and very grisly murder of George Floyd has been seen by, perhaps, most Internet users on the planet, there is a very significant chance that we reach either one of two verdicts: Chauvin receives a sentence much lighter than what’s deserved or he receives no sentence at all.

Perhaps the outcome will be much more severe than expected (or predicted). That’s what we hope for. But, why do we abuse ourselves with the repetition of such trauma? Knowing that, it’s probably a smarter course of action to simply go about one’s business and ignore the day-to-day media sensationalism that is this trial. Corporate media outlets, greedy for ratings in the post-Trump world, won’t allow that, of course. As a result, public conversations and Black discourse in particular are consumed by meticulous assessments of what’s happening each day in the Chauvin trial.

What’s particularly unhealthy and unproductive about this exercise is that it triggers, yet again, what cultural economist Mike Green argues is the “episodic” nature of our response to these types of incidents and issues. We’re more immersed in a specific event, the personalities involved in that event and, more bluntly, the events unfolding in a courtroom that we have absolutely no control over. The “episodic” model is very reactionary and it fails to mobilize communities into focus on broader structural issues and action. The state of community mindset, activism, and politics will hinge largely on the trajectory and outcome of this trial. Since there’s no real collective planning around what we’re doing during this trial or what we’ll do after the trial concludes, we risk more uncoordinated outbursts versus coordinated overhauls of systems and influence over what we can actually change.

Things like restructuring police departments or completely flipping them into “public safety” agencies are possible, as are bold moves to totally purge departments of white nationalists in their ranks, to carry out more aggressive psychological screening of new hires and existing officers, to mandate liability insurance, to add rigorous new education criteria and to push for residency requirements. But, since everyone is focused on this trial and this trial alone, it carries the risk of making all of those achievable goals get ignored or to seem unachievable.

Source: the B|E note

We Have To Stop Valorizing Black Cops | Black Agenda Report

We Have To Stop Valorizing Black Cops

The purpose of policing––to jail and kill Black folks––remains the same regardless of the officers’ race.

“Allowing Black people into inherently racist systems does not make those systems better, safer, or more equitable.”

Policing in America is facing a PR crisis. Following the May 25th murder of George Floyd by Minneapolis police officer Derek Chauvin, the term “defund the police” has become a rallying cry for thousands across the country. Six months later, however, America has not defunded its police force––and in fact, has in some cases taken steps to give police departments even more money. Instead, police forces across America have taken an insidious approach: painting their departments in blackface.

After the January 6th Trump riot at the Capitol building , Yoganda Pittman, a Black woman, was named the new Chief of Capitol Police. Her appointment followed the resignation of former Chief Steven Sund and the arrest and firing of several white police officers who were found to be in attendance at the MAGA riot. Pittman’s appointment appeased many liberals who falsely believe that allowing Black folks to infiltrate or run law enforcement agencies will lead to higher levels of safety for Black Americans. The termination of several officers  who took part in the riot has convinced many that we are one step closer to “reforming” the police by weeding out the racist, bad apples within the department.

“Pittman’s appointment appeased many liberals.”

This is a nice narrative, but a false one; in order to understand why, we must look at the history of policing in this country. Modern policing in America was originally created as a replacement for America’s slave patrol system wherein squadrons made up of white volunteers were empowered to use vigilante tactics to enforce laws related to slavery. These “enforcers” were in charge of locating and returning enslaved people who had escaped, crushing uprisings led by enslaved people, and punishing enslaved workers who were found or believed to have violated plantation rules. After slavery was legally abolished in 1865, America created its modern police force to do the exact thing under a different name: maintain the white supremacist hierarchy that is necessary under racial capitalism. The purpose of policing––to jail and kill Black folks––remains the same regardless of the officers’ race.

Liberal media has also contributed to the recent valorization of Black cops. In the days after the January 6th riot, many news outlets aggressively pushed a story about Eugene Goodman, a Black capitol police officer who led several rioters away from the Congress people’s hiding places while being chased by a white supremacist mob. Several news outlets published testimonials of Black police officers disclosing instances of racism within the department. A January 14th article in ProPublica  notes that over 250 Black cops have sued the department for racism since 2001: some Black cops have alleged that white officers used racial slurs or hung nooses in Black officer’s lockers, and one Black cop even claimed he heard a white officer say, “Obama monkey, go back to Africa.”

“Modern policing in America was originally created as a replacement for America’s slave patrol system.”

These white officers’ racism is unsurprising, and I am not denying any of these claims. But focusing on these singular, isolated moments of racism wherein white cops are painted as cruel and Black cops are the sympathetic victims grossly oversimplifies the narrative of structural racism that modern American policing was built upon. After hearing these slurs that they were allegedly so disgusted by, these Black cops still intentionally chose to put on their badge, don their guns, and work alongside these white police officers who insulted and demeaned them, laboring under a violent system with the sole purpose of harming and terrorizing Black and low-income communities. Similarly, while Goodman’s actions most likely saved many lives during the riot, we cannot allow one moment of decency to erase centuries of racist violence.

The great Zora Neale Hurston once said: “All my skinfolk ain’t kinfolk.” Her words ring ever true today, and these Black police officers are an excellent example of why. It’s tempting to believe that putting Black folks on the force will solve racial violence, but this is a liberal myth we must break free of. Allowing Black people into inherently racist systems does not make those systems better, safer, or more equitable: a quick look at many Black folks in power today, such as Barack Obama, Kamala Harris, Lori Lightfoot, and Keisha Lance Bottoms immediately prove this to be the case. Everyone supporting racial capitalism must be scrutinized and held accountable, regardless of their identity. We cannot on the one hand say that ‘all cops are bastards’ and then suddenly feel sympathy when those cops are not white. If we want to defund and abolish the police, we must resist the narrative that Black cops have anything to offer us.

Mary Retta is a writer, virgo, cartoon enthusiast — a queer Black writer for sites like Teen Vogue, The Nation, Bitch Media, and Vice.

This article previously appeared in HoodCommunist .

Source: We Have To Stop Valorizing Black Cops | Black Agenda Report

Global Right-Wing Extremism Networks Are Growing. The U.S. Is Just Now Catching Up. — ProPublica

ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up to receive our biggest stories as soon as they’re published.

During the past two years, U.S. counterterrorism officials held meetings with their European counterparts to discuss an emerging threat: right-wing terror groups becoming increasingly global in their reach.

American neo-Nazis were traveling to train and fight with militias in the Ukraine. There were suspected links between U.S. extremists and the Russian Imperial Movement, a white supremacist group that was training foreigners in its St. Petersburg compounds. A gunman accused of killing 23 people at an El Paso Walmart in 2019 had denounced a “Hispanic invasion” and praised a white supremacist who killed 51 people at mosques in Christchurch, New Zealand, and who had been inspired by violent American and Italian racists.

But the efforts to improve transatlantic cooperation against the threat ran into a recurring obstacle. During talks and communications, senior Trump administration officials steadfastly refused to use the term “right-wing terrorism,” causing disputes and confusion with the Europeans, who routinely use the phrase, current and former European and U.S. officials told ProPublica. Instead, the FBI and Department of Homeland Security referred to “racially or ethnically motivated violent extremism,” while the State Department chose “racially or ethnically motivated terrorism.”

“We did have problems with the Europeans,” one national security official said. “They call it right-wing terrorism and they were angry that we didn’t. There was a real aversion to using that term on the U.S. side. The aversion came from political appointees in the Trump administration. We very quickly realized that if people talked about right-wing terrorism, it was a nonstarter with them.”

The U.S. response to the globalization of the far-right threat has been slow, scattered and politicized, U.S. and European counterterrorism veterans and experts say. Whistleblowers and other critics have accused DHS leaders of downplaying the threat of white supremacy and slashing a unit dedicated to fighting domestic extremism. DHS has denied those accusations.

In 2019, a top FBI official told Congress the agency devoted only about 20% of its counterterrorism resources to the domestic threat. Nonetheless, some FBI field offices focus primarily on domestic terrorism.

Former counterterrorism officials said the president’s politics made their job harder. The disagreement over what to call the extremists was part of a larger concern about whether the administration was committed to fighting the threat.

“The rhetoric at the White House, anybody watching the rhetoric of the president, this was discouraging people in government from speaking out,” said Jason Blazakis, who ran a State Department counterterrorism unit from 2008 to 2018. “The president and his minions were focused on other threats.”

Other former officials disagreed. Federal agencies avoided the term “right-wing terrorism” because they didn’t want to give extremists legitimacy by placing them on the political spectrum, or to fuel the United States’ intense polarization, said Christopher K. Harnisch, the former deputy coordinator for countering violent extremism in the State Department’s counterterrorism bureau. Some causes espoused by white supremacists, such as using violence to protect the environment, are not regarded as traditionally right-wing ideology, said Harnisch, who stepped down this week.

“The most important point is that the Europeans and the U.S. were talking about the same people,” he said. “It hasn’t hindered our cooperation at all.”

As for the wider criticism of the Trump administration, Harnisch said: “In our work at the State Department, we never faced one scintilla of opposition from the White House about taking on white supremacy. I can tell you that the White House was entirely supportive.”

The State Department focused mostly on foreign extremist movements, but it examined some of their links to U.S. groups as well.

There was clearly progress on some fronts. The State Department took a historic step in April by designating the Russian Imperial Movement and three of its leaders as terrorists, saying that the group’s trainees included Swedish extremists who carried out bombing attacks on refugees. It was the first such U.S. designation of a far-right terrorist group.

With Trump now out of office, Europeans and Americans expect improved cooperation against right-wing terrorists. Like the Islamist threat, it is becoming clear that the far-right threat is international. In December, a French computer programmer committed suicide after giving hundreds of thousands of dollars to U.S. extremist causes. The recipients included a neo-Nazi news website. Federal agencies are investigating, but it is not yet clear whether anything about the transaction was illegal, officials said.

“It’s like a transatlantic thing now,” said a European counterterror chief, describing American conspiracy theories that surface in the chatter he tracks. “Europe is taking ideology from U.S. groups and vice versa.”

The Crackdown

International alliances make extremist groups more dangerous, but also create vulnerabilities that law enforcement could exploit.

Laws in Europe and Canada allow authorities to outlaw domestic extremist groups and conduct aggressive surveillance of suspected members. America’s civil liberties laws, which trace to the Constitution’s guarantee of free speech spelled out in the First Amendment, are far less expansive. The FBI and other agencies have considerably more authority to investigate U.S. individuals and groups if they develop ties with foreign terror organizations. So far, those legal tools have gone largely unused in relation to right-wing extremism, experts say.

To catch up to the fast-spreading threat at home and abroad, Blazakis said, the U.S. should designate more foreign organizations as terrorist entities, especially ones that allied nations have already outlawed.

A recent case reflects the kind of strategy Blazakis and others have in mind. During the riots in May after the death of George Floyd in Minneapolis, FBI agents got a tip that two members of the anti-government movement known as the Boogaloo Bois had armed themselves, according to court papers. The suspects were talking about killing police officers and attacking a National Guard armory to steal heavy weapons, the court papers allege. The FBI deployed an undercover informant who posed as a member of Hamas, the Palestinian terrorist group, and offered to help the suspects obtain explosives and training. After the suspects started talking about a plot to attack a courthouse, agents arrested them, according to the court papers. In September, prosecutors filed charges of conspiring and attempting to provide material support to a foreign terrorist organization, which can bring a sentence of up to 20 years in prison. One of the defendants pleaded guilty last month. The other still faces charges.

If the U.S. intelligence community starts using its vast resources to gather information on right-wing movements in other countries, it will find more linkages to groups in the United States, Blazakis and other experts predicted. Rather than resorting to a sting, authorities could charge American extremists for engaging in propaganda activity, financing, training or participating in other actions with foreign counterparts.

A crackdown would bring risks, however. After the assault on the Capitol, calls for bringing tougher laws and tactics to bear against suspected domestic extremists revived fears about civil liberties similar to those raised by Muslim and human rights organizations during the Bush administration’s “war on terror.” An excessive response could give the impression that authorities are criminalizing political views, which could worsen radicalization among right-wing groups and individuals for whom suspicion of government is a core tenet.

“You will hit a brick wall of privacy and civil liberties concerns very quickly,” said Seamus Hughes, a former counterterrorism official who is now deputy director of the Program on Extremism at George Washington University. He said the federal response should avoid feeding into “the already existing grievance of government overreach. The goal should be marginalization.”

In recent years, civil liberties groups have warned against responding to the rise in domestic extremism with harsh new laws.

“Some lawmakers are rushing to give law enforcement agencies harmful additional powers and creating new crimes,” wrote Hina Shamsi, the director of the ACLU’s national security project, in a statement by the organization about congressional hearings on the issue in 2019. “That approach ignores the way power, racism, and national security laws work in America. It will harm the communities of color that white supremacist violence targets — and undermine the constitutional rights that protect all of us.”

The Pivot Problem

 

There is also an understandable structural problem. Since the Sept. 11 attacks in 2001, intelligence and law enforcement agencies have dedicated themselves to the relentless pursuit of al-Qaida, the Islamic State, Iran and other Islamist foes.

Now the counterterrorism apparatus has to shift its aim to a new menace, one that is more opaque and diffuse than Islamist networks, experts said.

It will be like turning around an aircraft carrier, said Blazakis, the former State Department counterterrorism official, who is now a professor at the Middlebury Institute of International Studies.

“The U.S. government is super slow to pivot to new threats,” Blazakis said. “There is a reluctance to shift resources to new targets. And there was a politicization of intelligence during the Trump administration. There was a fear to speak out.”

Despite periodic resistance and generalized disorder in the Trump administration, some agencies advanced on their own, officials said. European counterterror officials say the FBI has become increasingly active in sharing and requesting intelligence about right-wing extremists overseas.

A European counterterror chief described recent conversations with U.S. agents about Americans attending neo-Nazi rallies and concerts in Europe and traveling to join the Azov Battalion, an ultranationalist Ukrainian militia fighting Russian-backed separatists. About 17,000 fighters from 50 countries, including at least 35 Americans, have traveled to the Ukrainian conflict zone, where they join units on both sides, according to one study. The fighting in the Donbass region offers them training, combat experience, international contacts and a sense of themselves as warriors, a theater reminiscent of Syria or Afghanistan for jihadis.

“The far right was not a priority for a long time,” the European counterterror chief said. “Now they are saying it’s a real threat for all our societies. Now they are seeing we have to handle it like Islamic terrorism. Now that we are sharing and we have a bigger picture, we see it’s really international, not domestic.”

Galvanized

The assault on Congress signaled the start of a new era, experts said. The convergence of a mix of extremist groups and activists solidified the idea that the far-right threat has overtaken the Islamist threat in the United States, and that the government has to change policies and shift resources accordingly. Experts predict that the Biden administration will make global right-wing extremism a top counterterrorism priority.

“This is on the rise and has gotten from nowhere on the radar to very intense in a couple of years,” a U.S. national security official said. “It is hard to see how it doesn’t continue. It will be a lot easier for U.S. officials to get concerned where there is a strong U.S. angle.”

A previous spike in domestic terrorism took place in the 1990s, an era of violent clashes between U.S. law enforcement agencies and extremists. In 1992, an FBI sniper gunned down the wife of a white supremacist during an armed standoff in Ruby Ridge, Idaho. The next year, four federal agents died in a raid on heavily armed members of a cult in Waco, Texas; the ensuing standoff at the compound ended in a fire that killed 76 people.Both sieges played a role in the radicalization of the anti-government terrorists who blew up the Oklahoma City federal building in 1995, killing 168 people, including children in a day care center for federal employees. Oklahoma City remains the deadliest terrorist act on U.S. soil aside from the Sept. 11 attacks.

The rise of al-Qaida in 2001 transformed the counterterrorism landscape, spawning new laws and government agencies and a worldwide campaign by intelligence agencies, law enforcement and the military. Despite subsequent plots and occasionally successful attacks involving one or two militants, stronger U.S. defenses and limited radicalization among American Muslims prevented Islamist networks from hitting the United States with the kind of well-trained, remotely directed teams that carried out mass casualty strikes in London in 2005, Mumbai in 2008 and Paris in 2015.

During the past decade, domestic terrorism surged in the United States. Some of the activity was on the political left, such as the gunman who opened fire at a baseball field in Virginia in 2017. The attack critically wounded Rep. Steve Scalise, a Republican legislator from Louisiana who was the House Majority whip, as well as a Capitol Police officer guarding him and four others.

But many indicators show that far-right extremism is deadlier. Right-wing attacks and plots accounted for the majority of all terrorist incidents in the country between 1994 and 2020, according to a study by the Center for Strategic and International Studies. The Anti-Defamation League reported in 2018 that right-wing terrorists were responsible for more than three times as many deaths as Islamists during the previous decade.

“There have been more arrests and deaths in the United States caused by domestic terrorists than international terrorists in recent years,” said Michael McGarrity, then the counterterrorism chief of the FBI, in congressional testimony in 2019. “Individuals affiliated with racially-motivated violent extremism are responsible for the most lethal and violent activity.”

During the same testimony, McGarrity said the FBI dedicated only about 20% of its counterterrorism resources to the domestic threat. The imbalance, experts say, was partly a lingering result of the global offensive by the Islamic State, whose power peaked in the middle of the decade. Another reason: Laws and rules instituted in the 1970s after FBI spying scandals make it much harder to monitor, investigate and prosecute Americans suspected of domestic extremism.

The Trump Administration and the Europeans

Critics say the Trump administration was reluctant to take on right-wing extremism. The former president set the tone with his public statements about the violent Unite the Right rally in Charlottesville, Virginia, in 2017, they say, and with his call last year telling the far-right Proud Boys group to “stand back and stand by.”

Still, various agencies increased their focus on the issue because of a drumbeat of attacks at home — notably the murders of 11 people at a synagogue in Pittsburgh in 2018 — and overseas. The Christchurch massacre of worshippers at mosques in New Zealand in March 2019 caught the attention of American officials. It was a portrait of the globalization of right-wing terrorism.

Brenton Tarrant, the 29-year-old Australian who livestreamed his attack, had traveled extensively in Europe, visiting sites he saw as part of a struggle between Christianity and Islam. In his manifesto, he cited the writings of a French ideologue and of Dylann Roof, an American who killed nine people at a predominantly Black church in South Carolina in 2015. While driving to the mosques, Tarrant played an ode to Serbian nationalist fighters of the Balkan wars on his car radio. And he carried an assault rifle on which he had scrawled the name of an Italian gunman who had shot African immigrants in a rampage the year before.

Christchurch was “part of a wave of violent incidents worldwide, the perpetrators of which were part of similar transnational online communities and took inspiration from one another,” said a report last year by Europol, an agency that coordinates law enforcement across Europe. The report described English as “the lingua franca of a transnational right-wing extremist community.”

With its long tradition of political terrorism on both extremes, Europe has also suffered a spike in right-wing violence. Much of it is a backlash to immigration in general and Muslim communities in particular. Responding to assassinations of politicians and other attacks, Germany and the United Kingdom have outlawed several organizations.

Closer to home, Canada has banned two neo-Nazi groups, Blood and Honour and Combat 18, making it possible to charge people for even possessing their paraphernalia or attending their events. Concerts and sales of video games, T-shirts and other items have become a prime source of international financing for right-wing movements, the European counterterror chief said.

During the past two years, officials at the FBI, DHS, State Department and other agencies tried to capitalize on the deeper expertise of European governments and improve transatlantic cooperation against right-wing extremism. Legal and cultural differences complicated the process, American and European officials said. A lack of order and cohesion in the U.S. national security community was another factor, they said.

“There was so little organization to the U.S. counterterrorism community that everybody decided for themselves what they would do,” a U.S. national security official said. “It was not the type of centrally controlled effort that would happen in other administrations.”

As a result, the U.S. government has sometimes been slow to respond to European requests for legal assistance and information-sharing about far-right extremism, said Eric Rosand, who served as a State Department counterterrorism official during the Obama administration.

“U.S.-European cooperation on addressing white supremacist and other far-right terrorism has been ad hoc and hobbled by a disjointed and inconsistent U.S. government approach,” Rosand said.

The semantic differences about what to call the threat didn’t help, according to Rosand and other critics. They say the Trump administration was averse to using the phrase “right-wing terrorism” because some groups on that part of the ideological spectrum supported the president.

“It highlights the disconnect,” Rosand said. “They were saying they didn’t want to suggest the terrorism is linked to politics. They didn’t want to politicize it. But if you don’t call it what it is because of concerns of how it might play with certain political consistencies, that politicizes it.”

Harnisch, the former deputy coordinator at the State Department counterterrorism bureau, rejected the criticism. He said cooperation with Europeans on the issue was “relatively nascent,” but that there had been concrete achievements.

“I think we laid a strong foundation, and I think the Biden administration will build on it,” Harnisch said. “From my perspective, we made significant progress on this threat within the Trump administration.”

Get the latest news from ProPublica every afternoon.
Portrait of Sebastian Rotella

Sebastian Rotella

Sebastian Rotella is a senior reporter at ProPublica. An award-winning foreign correspondent and investigative reporter, Sebastian’s coverage includes terrorism, intelligence and organized crime.

Source: Global Right-Wing Extremism Networks Are Growing. The U.S. Is Just Now Catching Up. — ProPublica

An FBI Agent Went Undercover to Study White Supremacists. He’s Now Speaking Out About Racist Police. – Mother Jones

One Capitol Police officer was caught taking a selfie with a member of the white supremacist mob that overtook the US Capitol last week. A second officer has been suspended for wearing a “Make America Great Again” hat and directing insurrectionists around the building rather than handcuffing them. The storming of the Capitol has revived concerns about the ties between police and white supremacists, in part because officers arrested far more Black Lives Matter protesters this summer than they did Trump supporters who broke into the legislative building with weapons, at least one Confederate flag, and bundles of zip ties.

It wasn’t just on-duty cops who raised eyebrows: Off-duty law enforcement officers were allegedly part of the mob itself, with some flashing their badges and identification cards as they rushed through the doors, according to an on-duty DC Metro Police officer who saw them. “If these people can storm the Capitol building with no regard to punishment, you have to wonder how much they abuse their powers when they put on their uniforms,” the officer wrote later on Facebook, according to Politico.

Police departments around the country are now investigating officers who are suspected of attending the rally in DC, or were caught posting racist messages on social media. Days after the attack, New York Rep. Jamaal Bowman introduced a bill that would require a commission to examine whether Capitol Police officers have white supremacist ties.

For some experts, these investigations are far too little, too late: Police departments and federal agencies have long understood that certain cops are connected to racist groups, and have largely looked the other way. “We’ve known for decades that there are racial disparities in every step of the criminal justice process, from who gets stopped to who gets arrested to who police use force against to how they get charged,” says Michael German, a former FBI agent who now studies white supremacist infiltration of police departments as a fellow at the liberal Brennan Center for Justice, a think tank. “It’s treated as implicit bias or structural bias without an acknowledgment that there’s a lot of explicit bias driving these disparities.”

As an FBI agent in the 1990s, German went undercover with white supremacist and militia groups to thwart their bomb plots. At the time, the Justice Department warned him to be careful about sharing details of his investigations with cops, because some of them had ties to white supremacist groups themselves. Even so, in the decades since then, he says the FBI has not prioritized investigating those police officers and getting them off the streets, allowing them to continue their jobs. I caught up with German this week to ask how law enforcement agencies have fallen short in identifying and firing racist officers, and what they should be doing now, in the wake of the Capitol siege, to root them out.

Do we know roughly how many cops have ties to white supremacists? 

Unfortunately we don’t have a sense of the scope of the problem because no entity has made it their mission to identify the scope. But the FBI regularly warns its agents who are investigating white supremacists and far-right militants that the subjects of those investigations will often have active links to law enforcement, and that they need to alter their methodology to protect the integrity of their investigations. Those were warnings I received in the 1990s when I worked these cases, and they appear in published leaked FBI materials, including the 2015 counterterrorism policy guide.

When you say FBI agents alter their methodologies, do you mean they’re not supposed to collaborate as much with police while investigating white supremacists? 

Exactly. The counterterrorism policy guide recommends that the FBI put the subjects of these investigations on a watch list with what’s called the silent-hit function; if a police officer pulls over the subject of your investigation, a silent-hit function would not tell the officer that he’s interacting with someone who’s the subject of a terrorism investigation.

If the FBI knows this is a problem of such significance that it has to alter its methodologies of investigating cases, I would argue it also has to have a strategy to protect the public from these white supremacists and far-right militants who carry a badge. The fact that they don’t even document who these police officers are shows an inexcusable lack of attention to their mission to enforce the civil rights laws of this country as well as the counterterrorism laws.

In 2006, the FBI warned that for decades, white supremacist groups had been attempting to “recruit” police officers. Can you talk about the history of this?

It’s important to understand that the United States was founded as a white supremacist nation, so our laws enforced white supremacy, so those who were sworn to enforce the law were enforcing white supremacy. After slavery ended, you had Jim Crow. After the civil rights era, you still had sundown towns, where the police enforced unwritten rules about who could stay in town past dark. To imagine there was somehow a miraculous event that cured the police of that problem is foolish.

The most egregious are examples where police officers were actually members of white supremacist groups and would go to public events representing themselves as police officers. And their membership was known to law enforcement for years and unaddressed, and it was only when the public learned about it that the police department took action.

We do so little examination of police violence in this country, but we know it disproportionately targets people who are Black or brown. How much of that is driven from actual white supremacist ideology rather than isolated incidents that happen on the job is something the Justice Department has a responsibility to investigate.

What kind of recruitment techniques do white supremacist groups use with police?

Having spent time as an FBI undercover agent, I think the term [“recruit”] doesn’t accurately describe what’s happening. It’s not so much that this group will put a pamphlet together and make a recruiting pitch and approach officers. In many cases, these are people who grew up affiliating with white supremacists. One guy went to work as a prison guard, one guy went to work in factories, and the other guy went to work as a police officer. And they are just carrying on attitudes and associating with the same people they associated with when they weren’t a police officer.

Are there any police departments that have tried themselves to root out racist cops, and any that did a good job?

The departments tend to be reactive to public outrage. Part of the problem is that most law enforcement agencies don’t have written policies specifically addressing the issue. So when the public identifies somebody who’s operating in league with a white supremacist group or far-right militant group, they end up disciplining them under broad prohibitions against engaging in public conduct detrimental to the public interest, or similarly worded policies.

Sometimes this doesn’t stand up to the due process scrutiny that’s designed to protect innocent officers from being treating unfairly. So they end up getting their jobs back after they’re fired.

What I argue is that even where the conduct is not sufficient to terminate that officer, the police department still has an obligation to mitigate the threat they pose to the community. There are plenty of jobs in police departments that don’t regularly interact with the public. Or perhaps some extra level of supervision of that officer would be warranted.

What’s the main legal barrier to firing them? Police union contracts?

Right. Or just the lack of policy, or disparate treatment, where other officers known to engage in racist behavior weren’t fired in the past, so it’s unfair to fire this officer. Often, if the police department knew about your involvement with this white supremacist group for five years but is now trying to fire you, you can argue: “I’m not being fired because of the conduct, because the department knew about the conduct; I’m being fired because the public demanded it, and that’s not appropriate.” That’s the problem with the way we have just turned a blind eye to this problem for so many decades.

Is there anything else that government can do to address this problem?

What we need is to empower prosecutors and defense attorneys. When these [white supremacist] officers are identified by the agency or by the public, that information should be provided to prosecutors and they [the officer] should be put on no-call lists or Brady lists. Today these no-call lists are lists of officers who are known to have previously engaged in some kind of dishonest conduct that a defense attorney could use to impeach their testimony. My argument is that racist behavior is one of those categories that should be available to the defense attorney. [This can] force those agents off the street.

In an ideal world, what do you think the Justice Department or FBI’s role would be in rooting out white supremacist police officers?

What I would recommend is for the Justice Department to implement a national strategy to identify these officers, document the scope of the threat, and design programs to mitigate it. It’s a matter of priorities. If the FBI heard through the grapevine that a police officer was affiliating himself with Al Qaeda or ISIS, we can be confident the FBI would react quickly. They should act just as quickly when the police officer is associated with white supremacist and far-right militant groups.

Some people have expressed the idea that we need to create a list of designated domestic terrorist groups, but that’s a silly approach because these groups change their names regularly. In other words, writing a list of groups that are banned is not going to help. Because officers can look at the list and say, “Okay, I won’t join this group, but I’ll join this other group. Or I’ll be part of a group that previously called itself the KKK but now calls itself something else.” But it’s the same people engaged in the same racist conduct. It takes an understanding of how these groups actually organize before you can write a policy.

The officers and agents within these federal, state, and local law enforcement departments know who the racists are among them. What we need to do is make sure officers who see racist misconduct or far-right militancy within law enforcement are protected when they report it. We need to strengthen whistleblower protection laws.

You wrote in a recent report about a man in Anniston, Alabama, who applied to be a police officer, and listed on his application that he was part of the League of the South, a white supremacist secessionist group. He was hired anyway. Are cops’ racist ties often that obvious? 

Yes, often it is that obvious. So it’s not that they can’t be seen, it’s that nobody is looking for them.

Update (January 15): The Capitol Police officer who wore a MAGA hat claims he put on the cap as part of a plan to save some of his colleagues who were in danger, according to a new Wall Street Journal report.

Source: An FBI Agent Went Undercover to Study White Supremacists. He’s Now Speaking Out About Racist Police. – Mother Jones

“White Collar Crime: How Whiteness Presides” ∴ Jennifer Taub, Esq. ∴ Author, “Big Dirty Money” ∴ January 23, 2021 ∴ 10 pm EST

““White Crime: When Whiteness Presides”

LIVE and Call-In

Saturday, January 16, 2021 ∞ 10 pm EST ∞ LIVE

Tune In LIVE Here: http://bit.ly/OCGTruthTalk

We all witnessed how whiteness protects white criminals at the nation’s Capitol Building and in DC. Law enforcement and the judiciary operate from principles that are formed from the public perspective of who should be arrested, charged, and prosecuted. For this reason, 100s of criminals were able to break the law and breach the building, and will not face the consequences. We all know what Black people would have faced under the same circumstances. Whiteness is a protection.

   – Janice

In a controversial 1975 article, titled “White Racism, Black Crime, and American Justice,” criminologist Robert Staples argued that discrimination pervades the justice system. He said the legal system was made by white men to protect white interests and keep Blacks down. (At the time this was received as “outlandish and untrue”). Staples charged that the system was characterized by second-rate legal help for Black defendants, biased jurors, and judges who discriminate in sentencing. No matter, study after study demonstrates how extreme racial disparities address for Blacks in the judicial system, no matter the income strata or available resources.

Unwarranted disparity is defined as different treatment of individual offenders who are similar in relevant ways, or similar treatment of individual offenders who differ in characteristics that are relevant to the purposes of charging and sentencing. Whiteness is honored, it is protected and it blinds much of the judicial process. We can no longer deny, racial disparities exist because the system protects whiteness for the most part. It is clear that in sentencing especially, “departure” from the guidelines is reserved for mostly whites, and rarely extended to Blacks. Fair sentencing is individualized sentencing and it is mostly decided by people who value whiteness, having a value system of what crimes are punishable with distinct stereotyping of criminals.

Our guest, Professor Jennifer Taub, in her book, “Big Dirty Money” suggests we first attempt to measure white-collar crime as a whole. Then we need to measure the harm to victims in terms that go beyond the economic costs. She points out that “The wealthy have the resources either to exert political influence or become lawmakers themselves”. But Taub explicitly and persuasively places the breakdown of enforcement and accountability in the context of money and class.

What happens when a group of wealthy bankers fraudulently bring foreclosures on an entire class of people, as they did after the crash of 2008? Unlike a loss of, say, $210, the loss of a person’s home affects their life and well-being in ways that cannot be assigned a dollar amount. Thousands of people have spent the years since the recession uprooted from their communities. Taub posits that “the elite class had the power to define what was criminal.”

What happens when the President of the United States pardons criminals who have violated security, foreign interference, sedition, and treason laws? Trump is a stark illustration of why so few wealthy malefactors are held accountable. Like other members of the .01 percent, he can act with seeming impunity, able to buy or influence his way out of trouble. He empathizes with rich people who run afoul of the law. He minimizes their guilt, suggesting white-collar crimes aren’t really crimes, especially when the accused are white men, as the vast majority of all rich white-collar criminals are. Yet Trump is a symptom, not the cause. What happens when white politicians create laws to intentionally suppress and violate voters? How can we measure the social and political costs of mass dispossession because the defendant and violator are protected by a cloud of whiteness?

We will talk with Professor Taub who clearly articulates in her book, the cause and effect of white-collar crime “blinded by the whiteness” that plagues the judicial system. Leaving white-crime bosses to their devices operated by their money and “white card”.   

ABOUT Jennifer Taub, Esq.

Her newest book is, Big Dirty Money: The Shocking Injustice and Unseen Cost of White Collar Crime (Viking). Taub was a co-founder and organizer of the April 15, 2017 Tax March where more than 120,000 people gathered in cities nationwide to demand President Donald Trump release his tax returns. She is a professor of law at the Western New England University School of Law where she teaches Civil Procedure, White Collar Crime, and other business and commercial law courses, and was the Bruce W. Nichols Visiting Professor of Law at Harvard Law School during the fall 2019 semester. She formerly was a professor at Vermont Law School.

An authority on the 2008 mortgage meltdown and related financial crisis, Taub is also an emerging expert in white collar crime. In addition to Big Dirty Money, she is co-author with the late Kathleen Brickey of Corporate and White Collar Crime: Cases and Materials, 6th edition (Wolters Kluwer 2017). Relatedly, she has appeared on cable news programs including MSNBC’s Morning Joe and CNN Newsroom to discuss the Special Counsel investigation into links between Russia and the Trump presidential campaign.

In the area of banking and financial market regulation, Taub’s book Other People’s Houses: How Decades of Bailouts, Captive Regulators, and Toxic Bankers Made Home Mortgages a Thrilling Business was published in May 2014 by Yale University Press. Recognized as accessible and informative, OPH was honored by the Massachusetts Center for the Book as one of the 2015 finalists in the nonfiction category. Other People’s Houses was favorably mentioned by Nobel Laureate, Robert Shiller in his 2015 edition of Irrational Exuberance. Taub testified as an expert before the United States Senate Banking Committee and a United States House Financial Services Subcommittee. She also co-organized a conference and co-lead a panel discussion at the Financial Stability Law Workshop at the U.S. Treasury Department, hosted by the Office of Financial Research.

In addition to Other People’s Houses, Taub has written extensively on the financial crisis. Her publications include “The Sophisticated Investor and the Global Financial Crisis” in the peer-reviewed Corporate Governance Failures (UPenn Press, 2011) and a case study on AIG in Robert A. G. Monks and Nell Minow’s fifth edition of Corporate Governance (Wiley, 2011). In response to Roberta Romano, she presented and wrote “Regulating in the Light: Harnessing Political Entrepreneurs’ Energy for Post-Crisis Sunlight Hearings” (St. Thomas L. Rev. 2015). Additional works include the chapter “Delay, Dilutions, and Delusions: Implementing the Dodd-Frank Act” in Restoring Shared Prosperity (2013) and “What We Don’t Talk About When We Talk About Banking,” in the Handbook on the Political Economy of the Financial Crisis (Oxford, 2012). She wrote entries on “Shadow Banking” and “Financial Deregulation” for the Oxford Encyclopedia of American Business, Labor and Economic History (Oxford, 2013) and the chapter “Great Expectations for the Office of Financial Research,” in Will it Work? How Will We Know? The Future of Financial Reform (2010). In addition, she has published Reforming the Banks for Good in Dissent (2014). Her article, “The Subprime Specter Returns: High Finance and the Growth of High-Risk Consumer Debt,” was published in the New Labor Forum (2015). And, she recently wrote a book chapter on “New Hopes and Hazards for Social Investment Crowdfunding” in Law and Policy for a New Economy (Edward Elgar, 2017).

Taub’s corporate governance work often focuses on the role of institutional investors, including mutual funds. Her article “Able but Not Willing: The Failure of Mutual Fund Advisers to Advocate for Shareholders’ Rights,” published in the Journal of Corporation Law (2009) was presented at a conference jointly sponsored by the Millstein Center for Corporate Governance and the Oxford Said Business School. Her article “Managers in the Middle: Seeing and Sanctioning Corporate Political Spending after Citizens United” was presented at the Brennan Center for Justice at NYU and later published in the NYU Journal of Legislation and Public Policy (2012). Taub’s article, “Is Hobby Lobby a Tool for Limiting Corporate Constitutional Rights,” was presented at Harvard Law School and later published in a symposium issue of Constitutional Commentary in 2015 on Money, Politics, Corporations, and the Constitution (2015).

Taub has also ventured into the area of legal education and pedagogy. This includes her article “Unpopular Contracts and Why They Matter: Burying Langdell and Enlivening Students,” published in the Washington Law Review (2013). She is a co-author with Martha McCluskey and Frank Pasquale of “Law and Economics: Contemporary Approaches,” published in Yale Law & Policy Review (2016). With McCluskey and Pasquale, Taub is a co-founder of APPEAL (the Association for the Promotion of Political Economy and the Law), a research network linking economists, legal scholars, and policy makers concerned with inequality and instability who view markets and the government as mutually constituted. She has also developed a model syllabus for a course on Financial Stability.

In 2017, Taub received the Vermont Law School, Women’s Law Association Phenomenal Woman Award in the faculty category. She also served as chair of the Section on Financial Institutions and Consumer Financial Services for the 2017 AALS annual meeting. Prior to joining academia, Taub was an associate general counsel with Fidelity Investments. She received her BA degree, cum laude, from Yale University, with distinction in the English major, and her JD, cum laude, from Harvard Law School where she was the Recent Developments Editor at the Harvard Women’s Law Journal. She was a visiting professor at the University of Illinois College of Law for a short course in 2015 and a visiting fellow at the Yale School of Management during the 2016 spring semester. She was a visiting professor at the University of Connecticut School of Law during the 2019 spring semester.

Taub has written pieces for a variety of platforms including The Washington Post, CNN opinion page, Slate, the New York Times Dealbook, Dame Magazine, The Baseline Scenario, Race to the Bottom, Pareto Commons, The Conglomerate, and Concurring Opinions.

“I’ll Be Listening for You”

Janice

Join us LIVE: http://bit.ly/OCGTruthTalk

Call & Listen Line: (347) 838-9852

“No One Took Us Seriously”: Black Cops Warned About Racist Capitol Police Officers for Years

“No One Took Us Seriously”: Black Cops Warned About Racist Capitol Police Officers for Years

Allegations of racism against the Capitol Police are nothing new: Over 250 Black cops have sued the department since 2001. Some of those former officers now say it’s no surprise white nationalists were able to storm the building.

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U.S. Capitol Police officers scuffle with insurrectionists after they breached security fencing on Jan. 6. (Graeme Sloan/Bloomberg via Getty Images)

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When Kim Dine took over as the new chief of the U.S. Capitol Police in 2012, he knew he had a serious problem.

Since 2001, hundreds of Black officers had sued the department for racial discrimination. They alleged that white officers called Black colleagues slurs like the N-word and that one officer found a hangman’s noose on his locker. White officers were called “huk lovers” or “FOGs” — short for “friends of gangsters” — if they were friendly with their Black colleagues. Black officers faced “unprovoked traffic stops” from fellow Capitol Police officers. One Black officer claimed he heard a colleague say, “Obama monkey, go back to Africa.”

In case after case, agency lawyers denied wrongdoing. But in an interview, Dine said it was clear he had to address the department’s charged racial climate. He said he promoted a Black officer to assistant chief, a first for the agency, and tried to increase diversity by changing the force’s hiring practices. He also said he hired a Black woman to lead a diversity office and created a new disciplinary body within the department, promoting a Black woman to lead it.

“There is a problem with racism in this country, in pretty much every establishment that exists,” said Dine, who left the agency in 2016. “You can always do more in retrospect.”

Whether the Capitol Police managed to root out racist officers will be one of many issues raised as Congress investigates the agency’s failure to prevent a mob of Trump supporters from attacking the Capitol while lawmakers inside voted to formalize the electoral victory of President-elect Joe Biden.

Already, officials have suspended several police officers for possible complicity with insurrectionists, one of whom was pictured waving a Confederate battle flag as he occupied the building. One cop was captured on tape seeming to take selfies with protesters, while another allegedly wore a red “Make America Great Again” hat as he directed protesters around the Capitol building. While many officers were filmed fighting off rioters, at least 12 others are under investigation for possibly assisting them.

Two current Black Capitol Police officers told BuzzFeed News that they were angered by leadership failures that they said put them at risk as racist members of the mob stormed the building. The Capitol Police force is only 29% Black in a city that’s 46% Black. By contrast, as of 2018, 52% of Washington Metropolitan police officers were Black. The Capitol Police are comparable to the Metropolitan force in spending, employing more than 2,300 people and boasting an annual budget of about a half-billion dollars.

The Capitol Police did not immediately respond to questions for this story.

Sharon Blackmon-Malloy, a former Capitol Police officer who was the lead plaintiff in the 2001 discrimination lawsuit filed against the department, said she was not surprised that pro-Trump rioters burst into the Capitol last week.

In her 25 years with the Capitol Police, Blackmon-Malloy spent decades trying to raise the alarm about what she saw as endemic racism within the force, even organizing demonstrations where Black officers would return to the Capitol off-duty, protesting outside the building they usually protect.

The 2001 case, which started with more than 250 plaintiffs, remains pending. As recently as 2016, a Black female officer filed a racial discrimination complaint against the department.

“Nothing ever really was resolved. Congress turned a blind eye to racism on the Hill,” Blackmon-Malloy, who retired as a lieutenant in 2007, told ProPublica. She is now vice president of the U.S. Capitol Black Police Association, which held 16 demonstrations protesting alleged discrimination between 2013 and 2018. “We got Jan. 6 because no one took us seriously.”

Retired Lt. Frank Adams sued the department in 2001 and again in 2012 for racial discrimination. A Black, 20-year veteran of the force, Adams supervised mostly white officers in the patrol division. He told ProPublica he endured or witnessed racism and sexism constantly. He said that before he joined the division, there was a policy he referred to as “meet and greet,” where officers were directed to stop any Black person on the Hill. He also said that in another unit, he once found a cartoon on his desk of a Black man ascending to heaven only to be greeted by a Ku Klux Klan wizard. When he complained to his superior officers, he said he was denied promotions and training opportunities, and suffered other forms of retaliation.

In an interview, he drew a direct line between racism in the Capitol Police and the events that unfolded last week. He blamed Congress for not listening to Black members of the force years ago.

“They only become involved in oversight when it’s in the news cycle,” said Adams, who retired in 2011. “They ignored the racism happening in the department. They ignored the hate.”

The department’s record in other areas of policing have drawn criticism as well.

In 2015, a man landed a gyrocopter on the Capitol lawn — top officials didn’t know the airborne activist was coming until minutes before he touched down. In 2013, when a lone gunman opened fire at the nearby Navy Yard, killing 12 people, the Capitol Police were criticized for standing on the sidelines. The force’s leadership board later determined its actions were justified.

Last month, days after a bloody clash on Dec. 12 between militant Trump supporters and counterprotesters, Melissa Byrne and Chibundu Nnake were entering the Capitol when they saw a strangely dressed man just outside the building, carrying a spear.

He was a figure they would come to recognize — Jacob Chansley, the QAnon follower in a Viking outfit who was photographed last week shouting from the dais of the Senate chamber.

They alerted the Capitol Police at the time, as the spear seemed to violate the complex’s weapons ban, but officers dismissed their concern, they said.

One officer told them that Chansley had been stopped earlier in the day, but that police “higher ups” had decided not to do anything about him.

We don’t “perceive it as a weapon,” Nnake recalled the officer saying of the spear.

Chansley told the Globe and Mail’s Adrian Morrow that Capitol Police had allowed him in the building on Jan. 6, which would normally include passing through a metal detector, although he was later charged with entering a restricted building without lawful authority, violent entry and disorderly conduct on Capitol grounds. As of Tuesday, he had not yet entered a plea.

QAnon follower Jacob Chansley screams “Freedom” inside the Senate chamber after the Capitol was breached by a mob on Jan. 6. (Win McNamee/Getty Images)

For Byrne and Nnake, their interactions with the “QAnon Shaman” on Dec. 14 highlighted what they perceive as double standards in how the Capitol Police interact with the public.

Like many people who regularly encounter the force, Nnake and Byrne said they were accustomed to Capitol officers enforcing rules aggressively — later that day, Nnake was told that he would be tackled if he tried to advance beyond a certain point. “As a Black man, when I worked on the Hill, if I forgot a badge, I couldn’t get access anywhere,” he told ProPublica.

Congress, which controls the agency and its budget, has a mixed record of oversight. For the most part, Congress has been deferential toward the force, paying attention to its workings only after serious security failures, and even then, failing to meaningfully hold its leaders accountable.

Rep. Eleanor Holmes Norton, a Democrat from D.C. who is a nonvoting member of Congress, told ProPublica she believes a national commission should be formed to investigate what occurred at the Capitol on Jan. 6, similar to what followed 9/11.

“Congress deserves some of the blame,” she told ProPublica. “We have complete control over the Capitol Police. … Long-term concerns with security have been raised, and they’ve not been dealt with in the past.”

The force has also suffered a spate of recent, internal scandals that may prove pertinent as Congress conducts its investigation.

Capitol Police officers accidently left several guns in bathrooms throughout the building in 2015 and 2019; in one instance, the loaded firearm was discovered by a small child.

The agency has been criticized for a lack of transparency for years. Capitol Police communications and documents are not subject to the Freedom of Information Act and, unlike many local law enforcement agencies, it has no external watchdog specifically assigned to investigate and respond to community complaints. The force has not formally addressed the public since the riot last week.

“All law enforcement is opaque,” said Jonathan M. Smith, executive director of the Washington Lawyers’ Committee for Civil Rights and Urban Affairs. “At least most local police departments are subject to some kind of civilian oversight, but federal police agencies are left to operate in the shadows.”

The agency’s past troubles have rarely resulted in reform, critics said.

After the April 2015 gyrocopter incident, Congress held a hearing to examine how 61-year-old postal worker and activist Doug Hughes managed to land his aircraft after he livestreamed his flight. Dozens of reporters and news cameras assembled in front of the Capitol to watch the stunt, which was designed to draw attention to the influence of money in politics. Capitol Police did not learn of the incoming flight until a reporter reached out to them for comment, minutes before Hughes landed.

Dine defended the force’s response to the incident, pointing out that Hughes was promptly arrested and no one was hurt.

Former Rep. Jason Chaffetz, a Republican from Utah, then the chairman of the Committee on Oversight and Government Reform, harshly criticized the department and other federal agencies for what he perceived as an intelligence failure.

“The Capitol Police is terrible and pathetic when it comes to threat assessment,” Chaffetz told ProPublica in an interview. “They have a couple people dedicated to it, but they’re overwhelmed. Which drives me nuts. … It’s not been a priority for leadership, on both sides of the aisle.” He said he is not aware of any serious changes to the force’s intelligence gathering following the debacle.

Norton, who also pressed Dine at the hearing, told ProPublica the intelligence lapses surrounding the gyrocopter landing should be considered a “forerunner” to last week’s riot.

“For weeks, these people had been talking about coming to the Capitol to do as much harm as they can,” Norton said. “Everyone knew it. Except the Capitol Police.” Reports show the force had no contingency plan to deal with an escalation of violence and mayhem at last week’s rally, even though the FBI and the New York Police Department had warned them it could happen.

Law enforcement experts said that the agency is in a difficult position. While it has sole responsibility for protecting the Capitol, it must work with other nearby federal law enforcement agencies, Washington’s Metropolitan Police and the National Guard in case of emergencies.

In an interview, Nick Zotos, a former D.C. National Guard commander who now works for the Department of Homeland Security, said that the roughly two dozen agencies responsible for public safety in Washington can cause territorial disputes, finger-pointing and poor communication.

“This is not a D.C. thing, necessarily, although it’s probably the worst in D.C.,” Zotos said. “Police departments just don’t play with each other nicely.”

Blackmon-Malloy told ProPublica that divisions within the Capitol Police could be just as dangerous, not only for Congress but for Black officers themselves. “Now you got to go to work on the 20th,” she told ProPublica, alluding to the inauguration. “And stand next to someone who you don’t even know if they have your back.”

Dara LindDavid McSwane and Kirsten Berg contributed reporting.

Josh was a Senior Reporting Fellow at ProPublica.

Source: “No One Took Us Seriously”: Black Cops Warned About Racist Capitol Police Officers for Years

Life After Lynching in “Ashes to Ashes” | The New Yorker

Life After Lynching in “Ashes to Ashes”

In “Ashes to Ashes,” the artist Winfred Rembert and the activist and physician Shirley Jackson Whitaker reckon with the living legacy of racist violence in America.

Sometimes the artist Winfred Rembert can’t sleep at night. His wife, Patsy, says that it has to do with his work. “Whenever he do one of those pictures, he gets sick,” she explains. “He has to double up on that medicine in order to get some rest.” Rembert first draws his scenes, full of faces and patterns, on paper, then carves the images onto a sheet of tanned leather by hand, texturing the surface with tools that look almost surgical, before filling in the etchings with vivid dyes. His paintings depict scenes of Black life in the Jim Crow South, and making them means dredging up painful memories from his youth, when he worked in cotton fields and on a prison-labor chain gang. Some artworks are healing or serve as sources of hope, Rembert says, in the documentary “Ashes to Ashes”—but not his.

When he was nineteen years old, living in Georgia and participating in the civil-rights movement, Rembert, now seventy-five, was lynched by a mob of white men. They shoved him into the trunk of a car, stripped him, hung him upside down, stabbed him, and made it clear that they intended to castrate him. The attack was brutal and dehumanizing—“There I am, bleeding like a pig, hanging up in a tree, ready to be slaughtered,” Rembert recalls. The attackers were moments from hanging him. They stopped, Rembert says, only because one man said they had “better things” to do. Rembert survived, but the scars have stayed with him.

“Ashes to Ashes” follows Rembert’s discussions with the physician Shirley Jackson Whitaker, a friend who also grew up in Georgia, about trauma and about how wounds of the spirit are connected to physical health. In the film, Whitaker is on a mission, organizing a homegoing ceremony to honor the thousands of Black people who have been killed by lynching in the United States, whose families often did not get even the solace of a burial. “Sometimes they would lynch people—they’d put them in the water with weights, so the family would never see them again,” she says. “Sometimes they would take the bodies and cut them up and sell the pieces. Sometimes they would take the body after they lynch it and burn it up. So the families would not have anything.” Those examples, she points out, are just the instances that were reported. Whitaker organized a funeral service, held in May of 2017 in Springfield, Massachusetts, to honor and remember the unburied. The ceremony included a reading of names, with members of a local theatre group performing monologues drawn from Whitaker’s historical research.

Whitaker has a physician’s reverence for history. She says that, when patients come to see her, they may need to have difficult conversations about what has happened in that patient’s life. Those conversations can’t be ignored or elided, no matter how uncomfortable they may be. “Sometimes, patients come and they tell you horror stories. But I can’t discard it, because I need it in order to help that patient live,” she says. Without that information, she says, the patient will never get toward a cure. It’s a striking parallel to the words she delivered at the homegoing ceremony: “Some bad things happened in this country, where Americans tortured other Americans. . . . So we’re looking back in history,” she says, to a church full of mourners. “This patient”—and, here, the patient is something more collective than an individual in her exam room—“can only live and get stronger if we’re willing to look back.”

Taylor Rees, who directed the film, told me that working with Rembert and Whitaker has expanded her thinking about what it means to heal from racial and political violence. “That healing process might never look like a complete recovery from an injury, but it’s the courage to face an injury,” she told me. “Looking at that thing that has caused harm is sometimes the hardest part.” The attack that Rembert describes is so vicious, his attackers so lacking in human decency, that the temptation is, if not to look away, then to dissociate, to ascribe the actions to a distant place and time. But neither Rembert nor the brutality he lived through are relics of history. “The person who endured this is alive. This isn’t generations ago,” Rees said. The truth of that statement could hardly be clearer. We spoke just days after a mob had breached the Capitol building, many of its members wearing white-supremacist insignias and at least one waving a Confederate flag. On the National Mall, some of the group erected a scaffold and noose.

Source: Life After Lynching in “Ashes to Ashes” | The New Yorker

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