Black Family Seeks Return of Its Beach Resort Land Near L.A. – The New York Times

This could also be titled, “How Imminent Domain was used as a tool to steal Black land ownership”.
Janice Graham

In 1912, Willa and Charles Bruce bought a plot of land on the Southern California coast.

It was an oceanside lot in an area dotted with sunny blossoms of evening primrose and purple clusters of lupine. The land, made accessible by red trolley cars that trundled to and from the growing metropolis of Los Angeles, was ripe for development.

The Bruces and their son, Harvey, came from New Mexico and were among the first Black people to settle in what would become the city of Manhattan Beach. They built a resort where other Black families could swim, lounge, eat and dance without being subject to racist harassment.

The harassment came anyway, and the resort thrived despite it. But city officials shuttered the enterprise by condemning the land in 1924, claiming to need it for a public park. The Bruces fought the move through litigation, but failed. The city paid them $14,500, and they left their beach and lost their business.

Nearly a century later, their descendants are still seeking restitution.

“I just want justice for my family,” said Anthony Bruce, 38, a descendant of the Bruces who lives in Florida and has childhood memories of visiting the California land his relatives once owned.

Credit…Gabriella Angotti-Jones for The New York Times
Visitors to Bruce’s Beach in 1920.
Credit…Miriam Matthews Photograph Collection – UCLA

“It’s been a scar on the family, financially and emotionally,” said Duane Yellow Feather Shepard, 69, a relative of the Bruces who lives in Los Angeles and is a chief of the Pocasset Wampanoag Tribe of the Pokanoket Nation.

“What we want is restoration of our land to us,” he said, “and restitution for the loss of revenues.”

While the city is not seriously considering the possibility of monetary restitution — officials have said public funds cannot legally be used to pay such claims — property restoration is now on the table. Last week, Janice Hahn, a Los Angeles County supervisor, said she was open to returning the land to the family, ABC7 Eyewitness News reported. The land has been owned by the county since the 1990s and is now the site of a training center for lifeguards.

“This was an injustice inflicted upon not just Willa and Charles Bruce but generations of their descendants who would almost certainly be millionaires if they had been able to keep that beachfront property,” Ms. Hahn said in an emailed statement. She added, “I want the county to be part of righting this wrong.”

Both Mr. Bruce and Mr. Shepard said that restitution was about more just than their family. They pointed to the long history of racism in the United States, and to stories of Black people being robbed of their land or the fruits of their labor.

“We’ve been stripped of any type of legacy, and we’re not the only family that this has happened to,” Mr. Shepard said. “It’s happened all over the United States.”

Charles and Willa Bruce on their wedding day.
Credit…Anthony Bruce

Manhattan Beach has been reckoning with the story of the Bruces’ shuttered resort for years. A park there was renamed “Bruce’s Beach” in 2007, and the city erected a plaque to tell the family’s story.

But the plaque credits a white landowner, George Peck, with making it possible for the Bruce family to settle there. It omits reports of Mr. Peck’s attempts to obstruct Black beachgoers’ paths to the shore.

“We definitely need to change the plaque,” said Kavon Ward, 39, an organizer and resident of Manhattan Beach. “But that’s not going far enough for me. We need to figure out how to get this land back to the family it was stolen from.”

Last year, amid nationwide demonstrations prompted by the killing of George Floyd in police custody in Minneapolis, Ms. Ward, who is Black, arranged a picnic at Bruce’s Beach to celebrate Juneteenth.

“I started thinking about the generational wealth that was stripped from that family,” she said. “It happened everywhere around this nation. We keep getting up, but why do we have to keep getting kicked down? Why? For me, it was time for reparations.”

Credit…Gabriella Angotti-Jones for The New York Times

Alison Rose Jefferson, a historian based in Los Angeles, wrote about the Bruces and other families in a book, “Living the California Dream: African American Leisure Sites During the Jim Crow Era.”

“Many people only think about African-American civil rights through economic and political power,” Dr. Jefferson said. “They sometimes forget about the fact that recreation was a big part of the struggle.”

When Willa and Charles Bruce first opened their property to visitors in 1912, it had a small stand that sold food and fizzy drinks. By 1923, the property had a lodge and a beachside cafe, with space upstairs for dancing. Mr. Bruce was often out of town, working as a dining car chef on trains to Salt Lake City. It was Ms. Bruce who bought the property and handled much of the business at the resort.

“Wherever we have tried to buy land for a beach resort, we have been refused,” Ms. Bruce told The Los Angeles Times in 1912. “But I own this land and I am going to keep it.”

Willa Bruce, left, with her daughter-in-law and her sister in Manhattan Beach in the 1920s.
Credit…California African American Museum

Margie Johnson and John Pettigrew in Manhattan Beach in 1927.

Credit…LaVera White Collection of Arthur and Elizabeth Lewis

The Bruces made their investment in the era of Jim Crow, amid a resurgence of Ku Klux Klan activities across the United States and campaigns of white supremacist terror and lynchings that drove millions of African-Americans away from the South. There was less violence against Black people in California at the time, but discrimination was rampant.

Still, the resort at Bruce’s Beach appeared to prosper. Black-and-white photographs from the era captured beachgoers wearing bathing suits and bright smiles, couples lounging in the shade and families playing in the surf.

In time, a small community of Black landowners bloomed around the resort. According to Dr. Jefferson’s book, these included George Prioleau, a formerly enslaved retired Army major whose family developed a duplex along the shore; Mary Sanders, a caterer from Canada who was known as a skilled entrepreneur; and John and Bessie McCaskill, who hosted elaborate beachside breakfasts.

But some white neighbors and city officials were intent on dismantling the community. Black visitors to the beach endured harassment, slashed tires and arbitrary regulations. The California Eagle, a Black-owned newspaper, reported that the Ku Klux Klan was active along the California shoreline during the 1920s.

Credit…Gabriella Angotti-Jones for The New York Times

And in 1924, the city condemned the Bruces’ property, claiming eminent domain in order to use the land as a park. The couple, both of whom were in their 60s, eventually moved to Los Angeles.

The land they left behind would not be developed as a public park for more than three decades.

Tourists continued to visit Bruce’s Beach after the resort was shuttered. So did members of the N.A.A.C.P., who participated in a “swim-in” to assert their right to the sea in 1927, according to Dr. Jefferson’s book. Several Black beachgoers were arrested that year.

As the decades passed, Manhattan Beach grew to become an affluent city of about 35,000 people, a vast majority of whom are white. According to 2010 census data, less than 1 percent of the population is Black.

In October, Manhattan Beach convened a task force of 13 residents to come up with recommendations for the city to right historical wrongs. Next week, the City Council will meet to discuss those recommendations, which include changing the plaque, erecting an art installation and issuing an apology.

“That’s fine,” Ms. Ward said. “But there are things they could address if they were thinking creatively — if there really was a will to become a more diverse, equitable and inclusive place.” She suggested that officials consider forward-looking measures like a commitment to affordable housing.

At the county level, officials are expected to meet with Bruce family descendants next week to discuss handing over the property, which could also involve monetary restitution or an agreement to lease the land from the family.

But Mr. Shepard said the city that condemned the land should be the one to make amends.

Los Angeles County “is talking about restoring the land to us,” he said. “But the restitution and punitive damages, Manhattan Beach is going to have to pay. We’re going to keep up with them until we get it.”

Sheelagh McNeill contributed research.

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

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

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

““White Crime: When Whiteness Presides”

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

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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

Whiteness Is the Greatest Racial Fraud | Boston Review

Whiteness Is the Greatest Racial Fraud

The Krugs and Dolezals dominate the headlines, but they are distractions from the fraud that imperils us all: believing oneself to be white.

LUVELL ANDERSON

Image: Boston Review

What is racial fraud and how is it possible? The answer would be clear enough, perhaps, if race were a biological reality. But the consensus seems to be that race is a social construction, a product of human ingenuity. So why can’t you choose to be any race you want?

Rachel Dolezal, the former president of the Spokane NAACP who identifies as Black despite being born to white parents, clearly believes we are free to choose our racial identity. Her case would seem to expose the limits of thinking of race as a social construction. If races are social rather than biological, some commentators on Dolezal suggest, we are free to make of them what we will; there are no rules. Yet responses to Dolezal tell a different tale. A 2015 Rasmussen survey of 1,000 likely U.S. voters found that 63 percent believed Dolezal was being deceitful in claiming to be Black: she was engaged in a kind of racial fraud.

The subtlest version of racial fraud—the fraud of whiteness itself—is the one we should be most concerned about, for it is by far the most destructive to our polity.

Is it incoherent to believe both that race is a social construct and that racial fraud is possible? In other words, does endorsing the notion of racial fraud require believing races are biological, after all? Literary scholar Walter Benn Michaels makes this sort of argument in his 1994 essay “The No-Drop Rule,” and versions of that idea endure. Michaels’s claim basically amounts to this: in order for a charge of racial fraud to have any normative power—that is, the kind of authority we generally grant to statements about what we should and should not do—it must rely on the claim that race is an essential, biological part of who we are.

But Michaels is wrong: normative significance does not ride on racial essences. In his 2008 essay “Race, Multiculturalism and Democracy,” philosopher Robert Gooding-Williams explains the error. Following Adrian Piper, Gooding-Williams claims that racial classification is the result of being subjected to a practice that counts one as a member of a particular race. Michaels wrongly assumed that for social constructionists, one’s racial identity is determined solely by visual features. But, at least in the United States, racial identification draws on both visual and cognitive criteria: facial characteristics, hair texture, skin color, ancestry. That is why, Gooding-Williams writes, “someone who would not be classified as black on the basis of visual criteria could still be black because Americans’ conventional (though not universal) adherence to the one-drop rule cognitively identifies her as black.” In saying that Dolezal committed racial fraud, you do not have to believe that race is biological. You simply have to think that the practice of racial classification cognitively identifies her as white. In other words, social construction can be ruled-governed without appealing to biological essence.

What does this tell us about debates over racial fraud today? While people like Dolezal, former George Washington University professor Jessica Krug, graduate student CV Vitolo-Haddad, and activist Satchuel Cole dominate the headlines, there are more subtle forms of this phenomenon to which we should pay attention. The most obvious versions are often easiest to denounce, perhaps because they are more easily detected or recognized. But I think the subtlest version—the fraud of whiteness itself—is the one we should be most concerned about, for it is by far the most destructive to our polity. To understand its stakes, we must see how it differs from two other, more familiar types of racial fraud.

section separator

Perhaps the most familiar type of racial fraud amounts to identity theft. A classic example occurs in the 1986 movie Soul Man, in which the character Mark Watson (played by C. Thomas Howell), a white Californian, poses as a Black man in order to get a scholarship from Harvard Law School. To pull it off, Watson takes tanning pills, perms his hair, learns a few cultural references, essentially donning blackface for the sake of personal gain. He attempts to defraud Harvard and others by misrepresenting himself, the white son of a wealthy psychiatrist, as a Black man.

Racial fraud as identity theft seems to be quite clearly what is happening in cases like that of Krug as well. Krug outed herself as a white woman last fall after having claimed various Black identities over the years. She deceived others by misrepresenting herself as something she isn’t, appropriating the identities of North Africans, African Americans, and finally Bronx-based Afro-Latinx. Krug’s posing took place all while building her career as a scholar working on the history of Africa and the African diaspora. Perhaps she believed doing so would boost her credibility as a scholar.

However, personal gain is only one basis for engaging in this kind of identity theft. Another basis is fetishization. Sometimes a person’s admiration for a group of people can result in a kind of conflation where that person no longer recognizes a distinction between themselves and the group. Arguably, this is what may have happened with Dolezal. Before her true parentage was revealed, part of her identification included claiming a Black man as her father, claiming her adopted Black brothers as her sons, wearing hairstyles typically associated with Black women, and tanning her skin to make it darker. Dolezal continues to identify as Black even after being exposed. This suggests a different motivation from that of the personal gain of things like money or social status.

It is the need to protect the ultimate fraud of whiteness that imperils not only the vulnerable other, but everyone.

Perhaps a clearer instance of fetishization is the case of German model Martina Big. Once a blonde-haired, white-skinned German woman, she has since transitioned into a brown-skinned, black-haired “Black” woman. On her website, she says she changed her ethnicity in 2017 to Black and has changed her legal name to Malaika Kubwa. She also notes that she very much likes her “new African look” and will complete the transformation by changing her facial features to “African” and enlarging her buttocks. Big—along with her husband, Michael Eurwen, who has also been injecting Melanotan to darken his skin—expressed plans to move to Kenya to “be with her ‘people’ and learn how to raise a family in the African way.”

Why should we be concerned with racial identity theft? Engaging in racial fraud for personal gain is wrong because it typically cheats members of marginalized groups out of resources intended to redress historic injustices. Racial fraud motivated by fetishization, however, is more complicated. Dolezal, for instance, was certainly wrong for the lies she told in presenting herself as Black. Big, on the other hand, does not appear to have engaged in such behavior. Her actions appear more pathological than diabolical. Big is also an extreme case. Less extreme cases may provoke more debate about what exactly is at issue. Perhaps the mildest form of these cases falls into a second type of fraud—a certain kind of appropriation.

In her book White Negroes (2019), Lauren Michele Jackson thinks through the stakes of cultural appropriation. She makes clear that the “act of cultural transport is not in itself an ethical dilemma. Appropriation can often be a means of social and political repair.” What matters, in her view, is the combination of cultural appropriation with power: white people profiting from the cultural productions of Black people, all the while denying credit to the originators—resulting in the erasure of Black contributions to society. And as Jackson notes, these kinds of appropriations exacerbate and prolong our society’s inequalities.

 

Instances of these kinds of erasure are quite widespread. In music, Elvis Presley is a vivid illustration; Jackson alerts us to instances of erasure in the culinary world, too. Hattie B’s Hot Chicken, a white-owned restaurant based in Nashville, has become the embodiment of this distinctively Nashville cuisine. But as it turns out, Black-owned restaurants—Prince’s Hot Chicken Shack and Bolton’s Spicy Chicken and Fish—are responsible for its creation and existence. When the mainstream culinary outlets got wind of it, Prince’s and Bolton’s were all but erased from the picture. What makes both of these cases instances of racial fraud is the consuming of the cultural productions of the group coupled with the erasure of that group’s contribution. Apportioning credit to the Elvises and Hattie B’s of the world rests on a fraud, a fraud perpetrated by the erasure of someone else.

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Beyond these two types of racial fraud, however, there is a third type—less often discussed, but perhaps most consequential—that has to do with one’s relationship to one’s own history. By “history” I don’t mean exclusively, or even primarily, a person’s particular history, but more so corporate or social history: the kind of thing a person is a part of with others in virtue of being identified in a particular way. There are narratives that provide a unified sense of the various happenings to a group of people who evolve over time. But the sense of history I have in mind is slightly different. It is the notion of history found in James Baldwin’s essay “Unnameable Objects, Unspeakable Crimes” (1965):

History, as nearly no one seems to know, is not merely something to be read. And it does not refer merely, or even principally, to the past. On the contrary, the great force of history comes from the fact that we carry it within us, are unconsciously controlled by it in many ways, and history is literally present in all that we do. It could scarcely be otherwise, since it is to history that we owe our frames of reference, our identities, and our aspirations.

The presence of this history in our present, its impact on our frames of reference and identity, is crucial to the third type of racial fraud.

There are at least two versions of this type. The first is exemplified by the incident last year in New York City’s Central Park when Amy Cooper, a white woman, called the police on Christian Cooper, an African American man (no relation, despite the common last name), after he asked her to leash her dog. Amy became more and more irate in response to Christian’s insistence that she leash her dog. She became so upset that she called the police and claimed Christian threatened her, making sure to emphasize that he was “an African American man.” Amy signaled the urgency of the situation in her voice, sounding agitated and fearful.

What preexisting ideas and practices did Amy have available to her to make her think her indignation over being told to leash her dog was a violation worthy of police intervention and to lead her to emphasize the perpetrator was an “African American male”? It is the latter thing that is most revealing. Amy’s inclination to point out Christian’s African American maleness drew—consciously or not—on an understanding of the world as one in which African Americans stand in a particular kind of relationship to white people. Christian was out of line, out of place, in calling Amy’s attention to the park’s rules and insisting she follow them. Given the kind of person she is, as well as the kind of person he is, this was especially egregious.

The basis of white identity is a “lie of their history,” a lie used to justify dominating others.

This understanding of the world presumes a natural relationship of ruler to ruled, reminiscent of the one Aristotle describes in his Politics. To be sure, Amy Cooper and many others would likely deny believing anything like this, but her reflex to act this way hints at something present practically, almost like muscle memory. I think that Amy’s actions can possibly be linked to what Baldwin might say is her belief in being white. In “On Being ‘White’ and Other Lies” (1984), Baldwin details the fraud of those who “believe they are white.” In a powerful passage, Baldwin registers a catalog of the effects of white racial fraud:

Because they think they are white, they do not dare confront the ravage and the lie of their history. Because they think they are white, they cannot allow themselves to be tormented by the suspicion that all men are brothers. Because they think they are white, they are looking for, or bombing into existence, stable populations, cheerful natives and cheap labor. Because they think they are white, they believe, as even no child believes, in the dream of safety. Because they think they are white, however vociferous they may be and however multitudinous, they are as speechless as Lot’s wife—looking backward, changed into a pillar of salt.

Baldwin points out that the “price of the ticket” for Europeans immigrating to the North American continent was to become “white.” What this meant, in essence, was leaving behind their history as English or Spanish or German to forge something different. But this newly forged whiteness was so monstrous that it became necessary to misrepresent it as something else—something grander, superior, innocent.

This kind of racial fraud differs from the others in that those perpetrating it do not attempt to pass themselves off as a member of another race or attempt to pass off as their own the cultural traits or mannerisms of another group. Instead, perpetrators of this fraud commit to something so disturbing that it becomes necessary to hide it even from themselves. The basis of their identity is a “lie of their history,” a lie used to justify dominating others. A stark example of this phenomenon is arguably present in our current political context. The election of figures like Donald Trump reflects, at least in part, the desperation of some to hold onto whiteness. It is as Baldwin noted: “Just so does the white community, as a means of keeping itself white, elect, as they imagine, their political (!) representatives. No nation in the world, including England, is represented by so stunning a pantheon of the relentlessly mediocre.”

A second manifestation of this type of fraud is highlighted in Frantz Fanon’s Black Skins, White Masks (1952). Fanon considers the case of an Antillean who spends time in the French metropole getting educated and then returns to his homeland with a new outlook, one that has him looking down on his fellow Antilleans with disgust:

All colonized people—in other words, people in whom an inferiority complex has taken root, whose local cultural originality has been committed to the grave—position themselves in relation to the civilizing language: i.e., the metropolitan culture. The more the colonized has assimilated the cultural values of the metropolis, the more he will have escaped the bush. The more he rejects his blackness and the bush, the whiter he will become.

The fraud in this instance is in the colonized believing the deceptive history of the colonizer. The colonized Antillean who goes to France for a “civilized” education and believes the terrible lies told about him and his descendants has failed to confront his history honestly and has identified himself with a fraudulent identity. Once again, the basis of this racial identity is a lie, and to behave on the basis of that lie is to perpetrate a fraud.

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The pervasiveness of the third type of racial fraud is a grave problem. Addressing it is much more difficult because it is less detectable, even by its perpetrators. It is not just dyed-in-the-wool racists, confident in their superior racial stock, who are racially fraudulent. The good white liberal is also guilty of this kind of fraud. That is, good white liberals also believe they are white. Amy Cooper’s political contributions to Barack Obama, Pete Buttigieg, and John Kerry suggest she identifies politically as a liberal.

While the Krugs, Dolezals, and Vitolo-Haddads attract all of the media attention, the focus on figuring out what motivates their behavior provides a neat scapegoat on which to load all of our anxieties, fears, misgivings, and disdain. Doing this allows us to avoid confronting turbulent histories that become repressed and, in turn, produce fraudulent identities that become the basis for destructive behavior.

Perhaps the fire James Baldwin foresaw in 1963 will be set by those who have had so much practice setting things ablaze.

Our present is full of such instances of destruction, as is our past. Rosewood, a small Black town in northern Florida, was burned out of existence in 1923 all in the service of protecting whiteness. As the story goes, a white woman, Fannie Taylor, was sexually assaulted, allegedly by a Black man. Sarah Carrier, a Black woman employed as a domestic worker by Taylor, remembered things differently. Carrier and her granddaughter were in the back of the house that day, preparing to wash clothes, when they saw a white man—an engineer who worked on the railroad and rumored paramour of Taylor—enter the house. Taylor and her lover apparently got into a heated argument that became physical. Carrier and her granddaughter both heard the altercation and saw him subsequently run from the house. Taylor then made her way into the street, screaming that she had been attacked by a Black man. What ensued was a rampage that resulted in the burning of the town and the lynching of several residents. (Estimates of how many were killed vary, with an official death toll of 8 but claims of up to 200.)

The massacre at Rosewood was made possible by the belief of so many that they were white. The need to protect “the purity of the white woman” from the advances of the ravenous Black man was a pretense used to lynch countless numbers of people. The belief in an identity boasting purity and superiority instigated murderous behavior that has created and sustained various inequalities in our land till this day. As we saw last week, when hundreds of white Trump supporters staged a violent insurrection at the U.S. Capitol, it is the need to protect this fraud at all costs—the ultimate fraud of whiteness—that imperils not only the vulnerable other, but everyone. What happens when reality comes crashing down and the fraudsters realize the scam cannot be maintained? In 1963 Baldwin spoke of the fire to come if America did not heed the warning of the oppressed and turn from its wicked ways. Perhaps the fire Baldwin foresaw will instead be set by those who have had so much practice setting things ablaze.

Source: Whiteness Is the Greatest Racial Fraud | Boston Review

Once again, job losses fall unequally across the US economy

WASHINGTON (AP) — Ten months into America’s viral outbreak, low-income workers are still bearing the brunt of job losses — an unusual and harsh feature of the pandemic recession that flattened the economy last spring.

In December, the nation shed jobs for the first time since April. Once again, the layoffs were heavily concentrated in the industries that have suffered most because they involve the kind of face-to-face contact that is now nearly impossible: Restaurants, bars and hotels, theaters, sports arenas and concert halls.

With the virus transforming consumer spending habits, economists believe some portion of these service jobs won’t return even after the economy has regained its footing. That trend will likely further widen the economic inequalities that have left millions of families unable to buy food or pay rent.

Typically in a recession, layoffs strike a broad array of industries — both those that employ higher- and middle-income workers and those with lower-paid staff — as anxious consumers slash spending. Economists had worried that the same trend would emerge this time.

Instead, much of the rest of the economy is healing, if slowly and fitfully. Factories, while not fully recovered, are cranking out goods and have added jobs every month since May. Home sales have soared 26% from a year ago, fueled by affluent people able to work from home who are looking for more space. That trend has, in turn, bolstered higher-paying jobs in banking, insurance and real estate.

“Such differences in … employment loss between the highest- and lowest-wage workers are almost certainly unprecedented among U.S. recessions over the past 100-plus years,” Brad Hershbein, an economist at the Upjohn Institute for Employment Research, and Harry Holzer, an economist at Georgetown University, concluded in a new research paper.

On the surface, the December jobs report the government issued Friday was dismal: The economy lost 140,000 jobs. It was the sixth straight month in which hiring has slumped from the previous month. Unemployment remained stuck at a still-high 6.7%.

But the negative number stemmed entirely from a brutal loss — nearly 500,000 jobs — in a category that includes restaurants, bars, hotels, casinos and entertainment.

State and local governments also cut workers. So did hair salons and other personal services. There were layoffs, too, in education.

More at Source: Once again, job losses fall unequally across the US economy

How Lawmakers Failed Jacob Blake – Mother Jones

 

 

How Lawmakers Failed Jacob Blake

The decision not to charge the officer who shot him stems in part from weak legislation.

Jacob Blake Sr., father of Jacob Blake, holds a candle at a rally Monday in Kenosha.Morry Gash/AP

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Jacob Blake, paralyzed and still suffering from injuries, got a phone call on Tuesday afternoon from Kenosha District Attorney Michael Graveley with some news: There would be no charges filed against the police officer who shot Blake seven times in August, sparking massive protests in the city.

“Based on the facts and the law, I have decided not to issue criminal charges against Officer Sheskey, Officer Meronek, or Officer Arenas. This decision was by no means easy,” Graveley wrote in a report published later that day. In a press conference, he described the shooting as a “tragedy.”

The video of the shooting has been viewed by millions of people, and is difficult to watch: Blake, who is Black, walks toward the driver’s side of a parked car in a residential Kenosha neighborhood, with his children in the back seat. A white officer, Rusten Sheskey, follows behind him with a gun drawn. As Blake approaches the door, Sheskey grabs him by the shirt and then fires his weapon.

It can be hard to imagine how Sheskey’s actions wouldn’t warrant criminal charges, even considering the blatant racism of our criminal justice system. But District Attorney Graveley, in a roughly two-hour press conference, argued that pressing charges would be unethical because, given the state’s law about when officers can use force, there was no way he could win at court

Even after atrocious policing, even after a man is paralyzed, use-of-force laws around the country often make it very, very difficult to punish cops. In Wisconsin and most states, police can legally fire their weapons against someone if they have “reasonable” fear the person will otherwise gravely harm them or someone in the vicinity. And here’s the kicker: The law usually says police officers get to define what’s reasonable.

At the press conference, Graveley explained why police could successfully argue that Sheskey’s decision to shoot was reasonable under the circumstances, using evidence not visible in the viral video most of the country watched.

According to Graveley, the police had reason to be nervous off the bat: Three officers were called to the scene by Laquisha Booker, the mother of Blake’s children, who told a 911 dispatcher that Blake had grabbed the keys to her rental car and was trying to take their kids away from her, according to a recording of the call played at the press conference. The officers knew that Blake had a felony warrant for alleged domestic abuse and sexual assault. When they arrived at the scene and tried to arrest him, a physical confrontation ensued—Blake says the officers punched him and dragged him to the ground, and the officers say he resisted their orders. At one point during the struggle, Blake was on top of Sheskey on the ground, according to a second video. Officers tried to stun him with a taser, but he tore the prongs out.

In the video footage, it looks like Sheskey then shot Blake seven times in the back. But according to the district attorney, two police officers and citizen witnesses told investigators that before the shooting began, Blake started turning toward Sheskey and made a motion with his knife hand; this allegation couldn’t be confirmed in the video because the camera view was obstructed by the car door and another officer. A medical examiner later concluded that Blake was shot four times in the back but also three times on his left side, adding some corroboration to the allegation that he turned.

Ray, the independent police expert, concluded it was reasonable for Sheskey to fear that Blake was trying to stab him at that time. Blake denies this allegation and says he was simply trying to put the knife back into the car. “They didn’t have to shoot me like that,” he said in a statement later, published in the district attorney’s report. “I was just trying to leave and he had options to shoot my tires and even punch me, tase me again, hit me with the night stick.”

If you asked many people on the street, they’d probably say it’s unreasonable for a cop to follow behind a man who is walking away, grab him by the shirt, and proceed to fire multiple shots into him at close range while his children watch from the back seat. But our laws are set up so that it doesn’t really matter what most people think: It matters what a police officer decides is a reasonable fear. And in a racist society where Black people are too often viewed as threats, police will almost always be able to come up with some justification for why they were afraid and believed they had to shoot.

Prosecuting cases like this will require states to change their use-of-force laws, so that officers don’t have so much power to define what’s reasonable. Until that happens, law enforcement will regularly get away with shooting people, including those sleeping in a car or at home on a couch, when it might have been possible to deescalate the situation instead. Officers continue to get away with violence because it’s not very hard to come up with a reason why they thought someone would harm them, especially when the law doesn’t require them to prove that they were correct or that the person was actually a threat. “Without any new rules from the legislature, we’re going to have this problem again and again,” says Farhang Heydari executive director of the Policing Project at the NYU School of Law. “We saw it in Breonna Taylor’s case, Eric Garner’s case, with Tamir Rice. It will happen over and over again until legislators step up and enact clear rules around force.”

It’s possible to change these use-of-force laws, which often differ from state to state and even city to city. California recently amended its statute so that an officer can only legally shoot if it’s “necessary,” rather than “reasonable,” to protect against an imminent threat of death or serious injury. But even there, it’s hard to predict whether the statute will bring justice after future police shootings, because California lawmakers didn’t define what “necessary” means in the law, again potentially leaving some room for discretion among police officers.

More than half of states considered legislation last year dealing at least in some way with police use of force, and at least several focused on deadly force. But many of the bills didn’t go as far as some criminal justice reform activists would hope. Delaware’s attorney general has pushed to reform her state’s law, but her proposed changes wouldn’t even go as far as California’s did: Delaware’s statute currently allows deadly force if an officer believes he or she is in danger. The attorney general wants to reform the law merely to specify that it must be a “reasonable” belief—which brings us back to the problem in Wisconsin and many other states.

The Policing Project’s Heydari recommends that new laws require officers to take deescalative steps, and to only use force as a last resort, limiting the types of response depending on the situation. Fair and Just Prosecution, an advocacy group that works with district attorneys, recommends a ban on deadly force against suspects who are fleeing.

Under the Biden administration, the federal government could step in to encourage these changes. The Justice Department, which may soon be led by US Circuit Judge Merrick Garland, Joe Biden’s nominee for attorney general, could set a national guidance on when it’s acceptable for officers to use lethal force. The agency or Congress could also require states to follow this guidance in order to receive federal funding for training or other programs. Biden’s pick to head the Justice Department’s Civil Rights Division, Kristen Clarke of the National Lawyers’ Committee for Civil Rights Under Law, formerly prosecuted police brutality at the department. She supports efforts to scale back law enforcement and invest more in social services, and has encouraged the federal government to stop funding agencies with a long history of violence and racism.

In terms of Blake’s case, federal prosecutors at the Justice Department and a US attorney’s office are now conducting a civil rights investigation and could later decide to bring federal charges. The Justice Department could also launch an investigation into the Kenosha Police Department and push for a consent decree that would require reforms.

“Now our battle must go in front of the Congress, it must go in front of the Senate,” Blake’s father, Jacob Blake Sr., told reporters Tuesday after the district attorney’s decision not to file charges locally. One of Blake’s attorneys, Benjamin Crump, said they would press forward with a civil rights lawsuit. “It is now our duty to broaden the fight for justice on behalf of Jacob and the countless other Black men and women who are victims of racial injustice and police brutality in this country,” he said in a statement.

“We’re going to talk with the Speaker of the House, Speaker of the Senate,” Blake Sr. added. “We’re going to change some laws. Some laws have to be reckoned.”

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