Black Children Were Jailed for a Crime That Doesn’t Exist

Racial Justice

Black Children Were Jailed for a Crime That Doesn’t Exist. Almost Nothing Happened to the Adults in Charge.

Judge Donna Scott Davenport oversees a juvenile justice system in Rutherford County, Tennessee, with a staggering history of jailing children. She said kids must face consequences, which rarely seem to apply to her or the other adults in charge.

by Meribah Knight, Nashville Public Radio, and Ken Armstrong, ProPublicaOct. 8, 2021, 5 a.m. EDT

Co-published with Nashville Public Radio

Series:Juvenile Injustice, Tennessee

Where Kids Meet the Rule of Law

This article was produced for ProPublica’s Local Reporting Network in partnership with Nashville Public RadioSign up for Dispatches to get stories like this one as soon as they are published.https://audm.herokuapp.com/player-embed/?pub=propublica&articleID=black-children-jailed-crime

Chapter 1: “What in the World?”

Friday, April 15, 2016: Hobgood Elementary School, Murfreesboro, Tennessee

Three police officers were crowded into the assistant principal’s office at Hobgood Elementary School, and Tammy Garrett, the school’s principal, had no idea what to do. One officer, wearing a tactical vest, was telling her: Go get the kids. A second officer was telling her: Don’t go get the kids. The third officer wasn’t saying anything.

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Garrett knew the police had been sent to arrest some children, although exactly which children, it would turn out, was unclear to everyone, even to these officers. The names police had given the principal included four girls, now sitting in classrooms throughout the school. All four girls were Black. There was a sixth grader, two fourth graders and a third grader. The youngest was 8. On this sunny Friday afternoon in spring, she wore her hair in pigtails.

A few weeks before, a video had appeared on YouTube. It showed two small boys, 5 and 6 years old, throwing feeble punches at a larger boy as he walked away, while other kids tagged along, some yelling. The scuffle took place off school grounds, after a game of pickup basketball. One kid insulted another kid’s mother, is what started it all.

Screenshots from a heavily filtered video, originally posted to YouTube, showing a scuffle among small children that took place off school grounds. Credit:Screenshots by ProPublica

The police were at Hobgood because of that video. But they hadn’t come for the boys who threw punches. They were here for the children who looked on. The police in Murfreesboro, a fast-growing city about 30 miles southeast of Nashville, had secured juvenile petitions for 10 children in all who were accused of failing to stop the fight. Officers were now rounding up kids, even though the department couldn’t identify a single one in the video, which was posted with a filter that made faces fuzzy. What was clear were the voices, including that of one girl trying to break up the fight, saying: “Stop, Tay-Tay. Stop, Tay-Tay. Stop, Tay-Tay.” She was a fourth grader at Hobgood. Her initials were E.J.

The confusion at Hobgood — one officer saying this, another saying that — could be traced in part to absence. A police officer regularly assigned to Hobgood, who knew the students and staff, had bailed that morning after learning about the planned arrests. The thought of arresting these children caused him such stress that he feared he might cry in front of them. Or have a heart attack. He wanted nothing to do with it, so he complained of chest pains and went home, with no warning to his fill-in about what was in store.

Also absent was the police officer who had investigated the video and instigated these arrests, Chrystal Templeton. She had assured the principal she would be there. She had also told Garrett there would be no handcuffs, that police would be discreet. But Templeton was a no-show. Garrett even texted her — “How’s timing?” — but got no answer.

Instead of going to Hobgood, Templeton had spent the afternoon gathering the petitions, then heading to the Rutherford County Juvenile Detention Center, a two-tiered jail for children with dozens of surveillance cameras, 48 cells and 64 beds. There, she waited for the kids to be brought to her.

In Rutherford County, a juvenile court judge had been directing police on what she called “our process” for arresting children, and she appointed the jailer, who employed a “filter system” to determine which children to hold.

The judge was proud of what she had helped build, despite some alarming numbers buried in state reports.

Among cases referred to juvenile court, the statewide average for how often children were locked up was 5%.

In Rutherford County, it was 48%.

Rutherford County Locked Up Kids in Almost Half of Cases

Tennessee used to publish statistical reports on juvenile courts statewide. For the last year available, 2014, we compiled reports for all 98 courts. Rutherford County locked up kids in 48% of its cases, eclipsing every other jurisdiction. (The graphic below shows the top 50 courts.) The state stopped publishing this data even as it figured prominently in a lawsuit against Rutherford County.

In one case, we obtained through public records requests 38 hours of audiotaped interviews conducted by Murfreesboro police as part of their investigation. That investigation included interviews with the school’s principal, Tammy Garrett, and 13 police officers, including Chrystal Templeton (who was interviewed twice for a total of seven hours), Chris Williams, Albert Miles III, Jeff Carroll and five higher-ups. Other materials we drew upon included videotape of the kids’ scuffle; the final report of the Murfreesboro Police Department’s internal review; the Metro Nashville Police Department’s external review; juvenile petitions; settlement agreements; and an email that Miles wrote to an investigator describing his conversation with a parent.

For this story we interviewed dozens of people, including children arrested in the April 2016 case and their parents. We interviewed, for the first time, the kids (now adults) whose cases launched class-action lawsuits against the county over its illegal detention practices and use of solitary confinement. We obtained thousands of pages of documents through 56 records requests to city, county and state agencies. We obtained more than a dozen personnel files and reviewed court records in seven federal lawsuits.

Donna Scott Davenport declined to be interviewed. But we listened to or transcribed more than 60 hours of her on the radio. We obtained her deposition and hearing testimony from a class-action lawsuit. Other records we relied on included disciplinary records from the Tennessee Board of Judicial Conduct; two personnel files; memos and emails; videotaped appearances before the Rutherford County Commission and a canvass of appellate opinions in cases she had handled in juvenile court. We also listened to the oral arguments from some appellate cases.

Lynn Duke declined to be interviewed. But she often appears before the county’s Public Safety Committee, and we watched and reviewed 137 of those meetings spanning 2009 to 2021. We obtained three depositions in which she was questioned. We reviewed her personnel file and drew upon her court testimony, memos and emails, as well as the detention center’s written operating procedures.

We reached out to each of the police officers named in our story. They each declined to be interviewed or didn’t respond. The sergeant who supervised Templeton also declined to be interviewed.

Michael Wrather, a Rutherford County commissioner, declined to be interviewed other than to say he stands behind his public comments praising Davenport.

We relied on reports and sometimes data from the Tennessee Department of Children’s Services, the Tennessee Council of Juvenile and Family Court Judges, and the Tennessee Comptroller of the Treasury. We used Prison Rape Elimination Act audits and the 2004 consultant’s report from Pulitzer/Bogard & Associates. We also drew upon reporting from fellow news organizations, including Murfreesboro’s Daily News Journal, The Tennessean, the Murfreesboro Post and the Tennessee Lookout.

We’re planning to continue reporting on the juvenile justice system in Rutherford County and elsewhere in Tennessee. If you have any stories that you’d like to share, please get in touch. Meribah Knight’s email address is mknight@wpln.org, and Ken Armstrong’s is ken.armstrong@propublica.org.

Editing by Emily Siner of WPLN News and Sarah Blustain and Susan Carroll of ProPublica. Alex Mierjeski contributed reporting.

READ THE FULL REPORT FROM PRO-PUBLICA

How We Reported This Story

When the four girls were arrested at Hobgood Elementary School in 2016, media covered the community’s reaction and the immediate fallout. But left unknown was all that led up to the arrests; what the children, police and school officials, experienced, in their voices; and what the case revealed about the county’s failed juvenile justice system as a whole.

To reconstruct the Hobgood Elementary case, we obtained through public records requests 38 hours of audiotaped interviews conducted by Murfreesboro police as part of their investigation. That investigation included interviews with the school’s principal, Tammy Garrett, and 13 police officers, including Chrystal Templeton (who was interviewed twice for a total of seven hours), Chris Williams, Albert Miles III, Jeff Carroll and five higher-ups. Other materials we drew upon included videotape of the kids’ scuffle; the final report of the Murfreesboro Police Department’s internal review; the Metro Nashville Police Department’s external review; juvenile petitions; settlement agreements; and an email that Miles wrote to an investigator describing his conversation with a parent.

For this story we interviewed dozens of people, including children arrested in the April 2016 case and their parents. We interviewed, for the first time, the kids (now adults) whose cases launched class-action lawsuits against the county over its illegal detention practices and use of solitary confinement. We obtained thousands of pages of documents through 56 records requests to city, county and state agencies. We obtained more than a dozen personnel files and reviewed court records in seven federal lawsuits.

Donna Scott Davenport declined to be interviewed. But we listened to or transcribed more than 60 hours of her on the radio. We obtained her deposition and hearing testimony from a class-action lawsuit. Other records we relied on included disciplinary records from the Tennessee Board of Judicial Conduct; two personnel files; memos and emails; videotaped appearances before the Rutherford County Commission and a canvass of appellate opinions in cases she had handled in juvenile court. We also listened to the oral arguments from some appellate cases.

Lynn Duke declined to be interviewed. But she often appears before the county’s Public Safety Committee, and we watched and reviewed 137 of those meetings spanning 2009 to 2021. We obtained three depositions in which she was questioned. We reviewed her personnel file and drew upon her court testimony, memos and emails, as well as the detention center’s written operating procedures.

We reached out to each of the police officers named in our story. They each declined to be interviewed or didn’t respond. The sergeant who supervised Templeton also declined to be interviewed.

Michael Wrather, a Rutherford County commissioner, declined to be interviewed other than to say he stands behind his public comments praising Davenport.

We relied on reports and sometimes data from the Tennessee Department of Children’s Services, the Tennessee Council of Juvenile and Family Court Judges, and the Tennessee Comptroller of the Treasury. We used Prison Rape Elimination Act audits and the 2004 consultant’s report from Pulitzer/Bogard & Associates. We also drew upon reporting from fellow news organizations, including Murfreesboro’s Daily News Journal, The Tennessean, the Murfreesboro Post and the Tennessee Lookout.

We’re planning to continue reporting on the juvenile justice system in Rutherford County and elsewhere in Tennessee. If you have any stories that you’d like to share, please get in touch. Meribah Knight’s email address is mknight@wpln.org, and Ken Armstrong’s is ken.armstrong@propublica.org.

Editing by Emily Siner of WPLN News and Sarah Blustain and Susan Carroll of ProPublica. Alex Mierjeski contributed reporting.

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Ken Armstrong

The Cruelty Is the Point

“The Cruelty Is the Point: WHY TRUMP’S AMERICA ENDURES”

By Adam Serwer

BOOK OVERVIEW

“To many, our most shocking political crises appear unprecedented—un-American, even. But they are not, writes The Atlantic’s Adam Serwer in this prescient essay collection, which dissects the most devastating moments in recent memory to reveal deeply entrenched dynamics, patterns as old as the country itself. The January 6 insurrection, anti-immigrant sentiment, and American authoritarianism all have historic roots that explain their continued power with or without President Donald Trump—a fact borne out by what has happened since his departure from the White House.

Serwer argues that Trump is not the cause, he is a symptom. Serwer’s phrase “the cruelty is the point” became among the most-used descriptions of Trump’s era, but as this book demonstrates, it resonates across centuries. The essays here combine revelatory reporting, searing analysis, and a clarity that’s bracing. In this new, expanded version of his bestselling debut, Serwer elegantly dissects white supremacy’s profound influence on our political system, looking at the persistence of the Lost Cause, the past and present of police unions, the mythology of migration, and the many faces of anti-Semitism. In so doing, he offers abundant proof that our past is present and demonstrates the devastating costs of continuing to pretend it’s not. The Cruelty Is the Point dares us, the reader, to not look away.”

MORE about the book

ABOUT ADAM SERWER

Adam Serwer has been a staff writer for the Ideas section of The Atlantic since 2016, focusing on contemporary politics, often viewed through the lens of history. He is the recipient of the 2015 Sigma Delta Chi award for commentary,… More about Adam Serwer

Accelerationism: the idea inspiring white supremacist killers around the world – Vox

Accelerationism is the obscure idea that’s inspiring white supremacist killers around the world.

Accelerationists reject any effort to seize political power through the ballot box, dismissing the alt-right’s attempts to engage in mass politics as pointless. If one votes, one should vote for the most extreme candidate, left or right, to intensify points of political and social conflict within Western societies. Their preferred tactic for heightening these contradictions, however, is not voting, but violence — attacking racial minorities and Jews as a way of bringing us closer to a race war, and using firearms to spark divisive fights over gun control. The ultimate goal is to collapse the government itself; they hope for a white-dominated future after that.

Accelerationism has bizarre roots in academia. But as strange as the racist movement’s intellectual history may be, experts believe it has played a significant and under-appreciated role in the current wave of extremist violence.

“It’s not an ideology that exists in a theoretical sense,” says Joanna Mendelson, a senior investigative researcher at the Anti-Defamation League. “It’s an ideology that has actually manifested in real-world violence.”

Source: Accelerationism: the idea inspiring white supremacist killers around the world – Vox

What Was the Elaine Massacre? | History | Smithsonian Magazine

The Massacre of Black Sharecroppers That Led the Supreme Court to Curb the Racial Disparities of the Justice System

White Arkansans, fearful of what would happen if African-Americans organized, took violent action, but it was the victims who ended up standing trial

Elaine defendants
Elaine Defendants, Helena, Phillips County, Ark., ca. 1910, (Butler Center for Arkansas Studies, Bobby L. Roberts Library of Arkansas History and Art, Central Arkansas Library System)
SMITHSONIANMAG.COM

The sharecroppers who gathered at a small church in Elaine, Arkansas, in the late hours of September 30, 1919, knew the risk they were taking. Upset about unfair low wages, they enlisted the help of a prominent white attorney from Little Rock, Ulysses Bratton, to come to Elaine to press for a fairer share in the profits of their labor. Each season, landowners came around demanding obscene percentages of the profits, without ever presenting the sharecroppers detailed accounting and trapping them with supposed debts.

“There was very little recourse for African-American tenant farmers against this exploitation; instead there was an unwritten law that no African-American could leave until his or her debt was paid off,” writes Megan Ming Francis in Civil Rights and the Making of the Modern American State. Organizers hoped Bratton’s presence would bring more pressure to bear through the courts. Aware of the dangers – the atmosphere was tense after racially motivated violence in the area – some of the farmers were armed with rifles.

At around 11 p.m. that night, a group of local white men, some of whom may have been affiliated with local law enforcement, fired shots into the church. The shots were returned, and in the chaos, one white man was killed. Word spread rapidly about the death. Rumors arose that the sharecroppers, who had formally joined a union known as the Progressive Farmers and Household Union of America (PFHUA) were leading an organized “insurrection” against the white residents of Phillips County.

Governor Charles Brough called for 500 soldiers from nearby Camp Pike to, as the Arkansas Democrat reported on Oct 2, “round up” the “heavily armed negroes.” The troops were “under order to shoot to kill any negro who refused to surrender immediately.” They went well beyond that, banding together with local vigilantes and killing at least 200 African-Americans (estimates run much higher but there was never a full accounting). And the killing was indiscriminate—men, women and children unfortunate enough to be in the vicinity were slaughtered. Amidst the violence, five whites died, but for those deaths, someone would have to be held accountable.

Out of this tragedy, known as the Elaine massacre, and its subsequent prosecution, would come a Supreme Court decision that would upend years of court-sanctioned injustice against African-Americans and would secure the right of due process for defendants placed in impossible circumstances.

Ulysses Bratton
Ulysses Simpson Bratton, attorney, Little Rock, Ark., ca. 1890 (Butler Center for Arkansas Studies, Bobby L. Roberts Library of Arkansas History and Art, Central Arkansas Library System)

Despite its impact, little about the carnage in Elaine was unique during the summer of 1919. It was part of a period of vicious reprisals against African-American veterans returning home from World War I. Many whites believed that these veterans (including Robert Hill, who co-founded PFHUA) posed a threat as they claimed greater recognition for their rights at home. Even though they served in large numbers, black soldiers “realized over the course of the war and in the immediate aftermath that their achievement and their success actually provoked more rage and more vitriol than if they had utterly failed,” says Adriane Lentz-Smith, associate professor of history at Duke University and author of Freedom Struggles: African Americans and World War I.

During the massacre, Arkansan Leroy Johnston, who had had spent nine months recovering in a hospital from injuries he suffered in the trenches of France – was pulled from a train shortly after returning home and was shot to death alongside his three brothers. In places like Phillips County, where the economy directly depended on the predatory system of sharecropping, white residents were inclined to view the activities of Hill and others as the latest in a series of dangerous agitations.

In the days after the bloodshed in Elaine, local media coverage continued to fan the flames daily, reporting sensational stories of an organized plot against whites. A seven-man committee formed to investigate the killings. Their conclusions all too predictable: the following week they issued a statement in the Arkansas Democrat declaring the gathering in Elaine a “deliberately planned insurrection if the negroes against the whites” led by the PFHUA, whose founders used “ignorance and superstition of a race of children for monetary gains.”

The paper claimed every individual who joined was under the understanding that “ultimately he would be called upon to kill white people.” A week later, they would congratulate themselves on the whole episode and their ability to restore order confidently claiming that not one slain African-American was innocent. “The real secret of Phillips county’s success…” the newspaper boasted, is that “the Southerner knows the negro through several generations of experience.”

To counter this accepted narrative, Walter White, a member of the NAACP whose appearance enabled him to blend in with white residents, snuck into Phillips County by posing as a reporter. In subsequent articles, he claimed that “careful examination…does not reveal the ‘dastardly’ plot which has been charged” and that indeed the PFHUA had no designs on an uprising. He pointed out that the disparity in death toll alone belied the accepted version of events. With African-Americans making up a significant majority of local residents, “it appears that the fatalities would have been differently proportioned if a well-planned murder plot had existed among the Negroes,” he wrote in The Nation. The NAACP also pointed out in their publication The Crisis that in the prevailing climate of unchecked lynchings and mob violence against African-Americans, “none would be fool enough” to do so. The black press picked up the story and other papers began to integrate White’s counter-narrative into their accounts, galvanizing support for the defendants.

The courts were another matter altogether. Dozens of African-Americans became defendants in hastily convened murder trials that used incriminating testimony coerced through torture, and 12 men were sentenced to death. Jury deliberations lasted just moments. The verdicts were a foregone conclusion – it was clear that had they not been slated for execution by the court, they mob would have done so even sooner.

“You had 12 black men who were clearly charged with murder in a system that was absolutely corrupt at the time – you had mob influence, you had witness tampering, you had a jury that was all-white, you had almost certainly judicial bias, you had the pressure of knowing that if you were a juror in this case that you would almost certainly not be able to live in that town…if you decided anything other than a conviction,” says Michael Curry, an attorney and chair of the NAACP Advocacy and Policy Committee. No white residents were tried for any crime.

The outcome, at least initially, echoed an unyielding trend demonstrated by many a mob lynching: for African-American defendants, accusation and conviction were interchangeable.

Nonetheless, the NAACP launched a series of appeals and challenges that would inch their way through Arkansas state courts and then federal courts for the next three years, an arduous series of hard-fought victories and discouraging setbacks that echoed previous attempts at legal redress for black citizens. “It’s a learning process for the NAACP,” says Lentz-Smith. “[There is] a sense of how to do it and who to draw on and what sort of arguments to make.” The cases of six of the men would be sent for retrial over a technicality, while the other six defendants – including named plaintiff Frank Moore – had their cases argued before the United States Supreme Court. The NAACP’s legal strategy hinged on the claim that the defendants’ 14th Amendment right to due process had been violated.

In February 1923, by a 6-2 margin, the Court agreed. Citing the all-white jury, lack of opportunity to testify, confessions under torture, denial of change of venue and the pressure of the mob, Justice Oliver Wendell Holmes wrote for the majority that “if the case is that the whole proceeding is a mask – that counsel, jury and judge were swept to the fatal end by an irresistible wave of public passion,” then it was the duty of the Supreme Court to intervene as guarantor of the petitioners’ constitutional rights where the state of Arkansas had failed.

The verdict marked a drastic departure from the Court’s longstanding hands-off approach to the injustices happening in places like Elaine. “This was a seismic shift in how our Supreme Court was recognizing the rights of African-Americans,” says Curry. After a long history of having little recourse in courts, Moore vs. Dempsey (the defendant was the keeper of the Arkansas State Penitentiary) preceded further legal gains where federal courts would weigh in on high-profile due process cases involving black defendants, including Powell vs. Alabama in 1932, which addressed all-white juries, and Brown vs. Mississippi in 1936, which ruled on confessions extracted under torture.

Moore vs. Dempsey provided momentum for early civil rights lawyers and paved the way for later victories in the ’50s and ’60s. According to Lentz, “when we narrate the black freedom struggle in the 20th century, we actually need to shift our timeline and the pins we put on the timeline for the moments of significant breakthrough and accomplishments.” Despite Moore vs. Dempsey being relatively obscure, “if the U.S. civil rights movement is understood as an effort to secure the full social, political, and legal rights of citizenship, then 1923 marks a significant event,” writes Francis.

Elaine defendants
Elaine Defendants: S. A. Jones, Ed Hicks, Frank Hicks, Frank Moore, J. C. Knox, Ed Coleman and Paul Hall with Scipio Jones, State Penitentiary, Little Rock, Pulaski County, Ark. ca. 1925, (Butler Center for Arkansas Studies, Bobby L. Roberts Library of Arkansas History and Art, Central Arkansas Library System)

The ruling also carried broad-ranging implications for all citizens in terms of federal intervention in contested criminal cases. “The recognition that the state had violated the procedural due process, and the federal courts actually weighing in on that was huge,” says Curry. “There was a deference that was being paid to state criminal proceedings, then this sort of broke that protection that existed for states.”

The sharecroppers that had gathered in Elaine had a simple goal: to secure a share in the profits gained from their work. But the series of injustices the events of that night unleashed would – through several years of tenacious effort – end up before the nation’s highest court and show that the longstanding tradition of declaring African-Americans guilty absent constitutional guarantees would no longer go unchallenged.

Source: What Was the Elaine Massacre? | History | Smithsonian Magazine

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

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White women’s role in white supremacy, explained – Vox

It’s tempting to think of the storming of the US Capitol on Wednesday as toxic masculinity run amok: a mob of mostly white men, carrying guns and wearing animal skins, trying to overthrow democracy on behalf of a president who once bragged about his ability to grab women “by the pussy.”

It’s even more tempting to embrace this narrative when, in a bizarre statement, that president’s campaign press secretary describes him as “the most masculine person, I think, to ever hold the White House.”

But focusing too much on masculinity obscures a crucial truth: Many women were either present at the riot or cheering on the insurrectionists from back home. There was Ashli Babbitt, the 35-year-old Air Force veteran and apparent devotee of QAnon ideology who was killed during the riot. There was the woman photographed with “zip-tie guy” Eric Munchel, now believed to be his mother. There was Martha Chansley, the mother of the widely photographed “QAnon shaman” who wore a horned hat and carried a spear to Congress. She wasn’t present at the riot but later defended her son in an interview, calling him “a great patriot, a veteran, a person who loves this country.”

And, of course, there were the women lawmakers who boosted conspiracy theories and false claims about the election being stolen, including Georgia Rep. Marjorie Taylor Greene, a QAnon adherent who railed against Democrats and Black Lives Matter protesters in a speech on the House floor this week while wearing a mask reading “censored.” Colorado Rep. Lauren Boebert, meanwhile, described January 6 as “1776” before the riot began, live-tweeted from the House during the attack (including a mention that House Speaker Nancy Pelosi had been removed from the chambers), and this week, refused to allow police to search her bag after it set off metal detectors outside Congress. During her campaign, Boebert promised to bring her gun with her to the House.

Many women were either present at the riot or cheering on the insurrectionists from back home.
 Joseph Prezioso/AFP via Getty Images
If we ignore the importance of women in the Capitol riot, we can’t understand white supremacy in America.
 Alex Edelman/AFP via Getty Images

White women have been part of white supremacy in America since the very beginning, experts point out, dating back to their role in slavery. “They were at the table when the system was designed,” Stephanie Jones-Rogers, a history professor at UC Berkeley and author of the book They Were Her Property: White Women as Slave Owners in the American South, told Vox. “They were co-architects of the system.”

That remained true after the Civil War, through the birth and evolution of the Ku Klux Klan, and during the civil rights movement when white women were some of the most vocal opponents of school integration. And it remains true today, when women hold a key role in spreading QAnon ideology and sustaining white nationalist groups and movements. “Like other parts of our economy and society, these movements would collapse without their labor,” Seyward Darby, author of Sisters in Hate: American Women on the Front Lines of White Nationalism, told Vox.

And if we ignore the importance of women in the Capitol riot and the groups that backed and enabled it, we can’t understand white supremacy in America — let alone dismantle it. Trying to fight racism in America without looking at white women, Jones-Rogers said, is like “addressing only the right side of the body when the left side is still sick.”

White women have been part of white supremacy from the beginning

White women’s investment in white supremacy is older than the United States itself and goes back to their role in the economy of slavery. Though white women have been seen by some historians as passive bystanders to the brutalities of slavery, they were in fact active participants, as Jones-Rogers explains in They Were Her Property. Before the Civil War, white women had little economic or political power, with one big exception: They could buy and sell enslaved people. And they did so, using enslaved people as a way of building up wealth that would not simply be transferred to a husband in marriage.

Slavery gave white women “freedom, autonomy, and agency that they could not exercise in their lives without it, so they deeply invested in it,” Jones-Rogers said.

And after the Civil War, white women didn’t simply give up on white supremacy. Instead, as Jones-Rogers puts it, they doubled down.

For many, that meant becoming active participants in the KKK, which at one point had 1.5 million female members. Some women took leadership roles, like Elizabeth Tyler, who helped revive the Klan in the late 1910s and became its “most important propagandist,” according to Darby.

Women became especially important in the Klan once they gained the right to vote. After that, white men began to see their wives, daughters, sisters, and other women in their lives “as potential allies in the effort to politicize white supremacy,” Jones-Rogers said. “They began to see them as a voting bloc.”

Women members of the Ku Klux Klan from Lancaster County, Pennsylvania, arrive in Washington, DC, for a KKK parade, circa 1920.
 Bettmann Archive via Getty Images
A group of Ku Klux Klan women next to a parade float in Miami, circa 1940.
 Frederic Lewis/Archive Photos/Getty Images

And it wasn’t just because of organizations like the Klan that white women invested in institutional racism. They also played a core role in lynching by making false allegations of sexual harassment or assault, which were used as a pretext to murder Black men. And they were key players in the fight against the integration of schools, with white women using their role as mothers to legitimize their victimization of Black children, Jones-Rogers said.

Indeed, throughout the 20th century, though white women could no longer profit from slavery, they were still deriving real benefits from white supremacy — namely, a sense of social and political power in a world still dominated by white men. “Through lynching, your words have the power of life and death over an African-descended man,” Jones-Rogers explained. “Your vote can secure a place in the state, in the government, for white supremacy.”

In essence, through white supremacy, white women came to “understand themselves as individuals who wield a certain kind of power that men have to respect,” Jones-Rogers said.

Understanding white women’s role is key to fighting racism today

And that dynamic has continued into the 21st century. The landscape of white supremacy has changed, with the Klan no longer a major player (though it still exists). Today, white nationalism is less about specific groups and more about “an ideology that people subscribe to from the comfort of their own desks,” Darby said.

Because of that, it’s hard to measure exactly how many women are involved in white nationalism. It’s easier to measure attitudes. Overall, about 20 percent of white Americans of all genders “feel a sense of discontent” over the status of white people in society, Darby writes in Sisters in Hate, drawing on the work of political scientist Ashley Jardina. And white women are actually more likely than white men to hold “exclusionary views about what it means to be American, preferring boundaries around the nation’s identity that maintain it in their image.”

And while they may not always be in front at rallies or riots, women remain important “recruiters and propagandists” for white nationalism, Darby said. Erica Alduino, for example, had a key role in organizing the infamous “Unite the Right” rally in Charlottesville, Virginia, in 2017. She was the one directing traffic on messaging apps and answering mundane but important questions like whether there would be shuttle buses to the rally. She didn’t speak at the event, “but that’s not the point,” Darby said. “Whether women are seen or not seen, they are such important actors in this space.”

Women have also been central to organizing pro-Trump events that spread the false claim that the election was stolen. The group Women for America First organized a “Stop the Steal” rally of thousands in November and also received a permit for a rally at the Capitol on January 6, according to the Washington Post.

Meanwhile, women have taken an even more visible role with the rise of QAnon. An ideology that began with conspiracy theories about Trump battling a “cabal” of liberals involved in child sex trafficking, QAnon has grown to include a wider array of theories and misinformation. Last year, QAnon adherents began amplifying the hashtag #SaveTheChildren, which became a vehicle for false claims about the prevalence of child sex trafficking as well as a gateway for more extreme QAnon ideas. And many of the people posting with #SaveTheChildren — including celebrities and prominent influencers — were women.

Rep. Marjorie Taylor Greene (R-GA) campaigns for Sens. Kelly Loeffler and David Perdue alongside President Trump on January 4.
 Brynn Anderson/AP

In general, QAnon has been a way to co-opt messages long targeted at women — messages about the importance of natural living or even healthy food, for example — and turn them into an indoctrination in white nationalism and xenophobia. QAnon plays into “this idea that you can cleanse yourself and your life and your family’s life of pollutants,” Darby said. Messages about avoiding genetically modified foods, for example, can slide into messages about keeping non-white children out of schools.

In the last few months, QAnon has played a key role in boosting conspiracy theories about Covid-19 restrictions and masking, and backing attempts to overturn the election. And some of the most visible proponents of QAnon have been women. Greene, for example, has been called the first QAnon member of Congress and has tweeted support for the idea of the “deep state,” a core QAnon tenet.

Meanwhile, Ashli Babbitt, the woman who was killed by police at the Capitol riot, had been posting QAnon-related content on social media for nearly a year prior to the insurrection, according to the Guardian. The day before the riot, she tweeted a defiant message full of QAnon slogans: “Nothing will stop us….they can try and try and try but the storm is here and it is descending upon DC in less than 24 hours….dark to light!”

Trump supporters arrive for the “Stop the Steal” rally on January 6.
 Spencer Platt/Getty Images
Women have been central to organizing pro-Trump events that spread the false claim that the election was stolen. 
Spencer Platt/Getty Images

Despite the participation of Babbitt and others, there’s been a tendency to view the riot as largely male-dominated — and, indeed, to erase the presence of women in white supremacy throughout history. “There has been a tendency, from the colonial period to the present, to frame and to position white women as perpetual victims, in spite of the evidence to the contrary,” Jones-Rogers said.

But ignoring the fact that women have long been perpetrators of white supremacy — up to and including violence — will hamper any effort to truly fight it. “When we discount these women and the often violent and brutal roles that these women play,” Jones-Rogers said, “we neglect and we negate the impact that their activities have on their victims.”

If, by contrast, we as a society can reckon with the way that white women have been not just beneficiaries but designers of the system of white supremacy, she said, we will be better able “to dismantle the system and to address the ways in which the system has really pervaded all of our lives.”

Source: White women’s role in white supremacy, explained – Vox

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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