This week, South Dakota’s House of Representatives passed two bills, one targeting the teaching of “divisive concepts” and the other aimed at “protecting” kids from “political indoctrination.” While neither bill mentioned the words “critical race theory,” it was clear what they meant. They followed just a few weeks after the Mississippi Senate passed Senate Bill 2113—another “critical race theory” bill authored by Michael McLendon (R-Hernando)—over the objection of Black lawmakers, who walked out of the chamber in protest. Both of these efforts, along with many others, are part of a nationwide campaign led by conservatives to supposedly rid classrooms of “critical race theory”—a term for a high-level legal discipline that has been used as a cover to ban books by Black and brown authors.
While the obsession over “ critical race theory” is a new manifestation, it represents long-standing efforts to keep Black history—and the perspectives of Black writers—out of the classroom. For many conservatives, the attack on “critical race theory” is rooted in a desire to shield their children from the uncomfortable aspects of history and evade “sensitive” topics such as racism, white supremacy, and inequality. As this wave of anti-Blackness and anti-intellectualism grows, Black educators and their allies must be prepared to oppose these forces, building on a long tradition of Black protest.
For as long as white politicians have employed these tactics, Black educators in the United States have vigorously resisted. Through a myriad of strategies—including creative lesson plans and the production of anti-racist books and articles—Black educators have worked to counter the spread of misinformation and ensure that students have access to texts and perspectives that represent the diversity of the nation—and the world.
During the antebellum era, Black teachers in the North led the charge to ensure that Black students would receive a quality education—despite having limited access to resources. These efforts often required “conscious, vigorous, and sustained acts of defiance and protest,” as historian Kabria Baumgartner recounts in her groundbreaking book In Pursuit of Knowledge, but Black educators were willing to take such risks.
In 1830s Boston, for example, Susan Paul taught at a primary school for Black children where she intentionally included lessons on the evils of slavery and the significance of abolition. Paul brought her students to meetings of the New England Anti-Slavery Society—an interracial abolitionist organization founded in 1832. She also encouraged her students in the Boston Juvenile Choir to perform songs that extolled abolitionist ideas. Her inclusion of abolitionist materials and her focus on her students’ public comportment represented a direct challenge to the era’s racist propaganda on the capabilities and qualities of Black people—a mission she followed even as she faced threats of violence from white Bostonians at the time.
Paul published the Memoir of James Jackson in 1835 to honor a student of hers who had passed away from tuberculosis. In telling the story of Jackson’s short life, the book also revealed Paul’s pedagogical emphasis on Christian empathy as an opposing force to racial prejudice.
Similarly, Charlotte Forten, a Black educator from Philadelphia, passionately resisted the spread of miseducation in the classroom—and introduced an array of diverse materials to broaden her students’ perspectives. One of the first Black women teachers to be hired to teach in the integrated schools of Salem, Mass., Forten joined the staff of the Epes Grammar School in 1856. Though she only taught in Salem for a few years, she was unwavering in her commitment to nurturing Black students, and in 1862, traveled to the Sea Islands in South Carolina to teach Black children who were recently emancipated by Union forces.
Forten used this opportunity to instruct her students about the life of revolutionary Haitian leader Toussaint L’Ouverture. “I told them about Toussaint,” she explained in an 1864 Atlantic Monthly article, “thinking it well they should know what one of their own color had done for his race.” This determination to center Black perspectives in the classroom as a counter to stereotypical representations of mainstream accounts guided Black educators in the decades to follow.
In February 1926, historian Carter G. Woodson, known as the father of Black history, devised a strategy to address the failure to teach Black history in classrooms across the nation. By first establishing “ Negro History Week,” Woodson provided an avenue for educators to recognize and celebrate the history of people of African descent in the United States. In so doing, he disrupted educational norms shaped by white supremacy and anti-Blackness. Woodson and members of the Association for the Study of Negro Life and History—the organization he had established several years earlier—created and distributed books, lesson plans, and other curriculum materials to aid teachers across the nation.
It is in this spirit that the famed scholar and activist W.E.B. Du Bois published Black Reconstruction in America in 1935. The pioneering book, which would go on to shape future writing and research on Reconstruction, was a direct refutation of the false narratives emerging from leading white scholars. Black Reconstruction in America unequivocally challenged the racist Dunning School of historians—named after William Archibald Dunning of Columbia University. In their portrayal of Reconstruction (1865–77), the Dunning School scholars, as Du Bois explained, had portrayed the South as victims and the North as having committed a “grievous wrong.” Their writings on the subject treated the free and enslaved Black population with “ ridicule, contempt or silence.”
This framing of the ideals motivating Reconstruction—and the passage of the 13th, 14th, and 15th Amendments—as a mistake was further propagated in popular media, most notably in the 1915 film The Birth of a Nation. Du Bois’s Black Reconstruction offered an important counterargument that not only reaffirmed the evils of slavery but also demonstrated the active role enslaved people took in liberating themselves. They were, as Du Bois powerfully demonstrated, not simply the passive recipients of white actions but agents in shaping their own destiny.
This tradition coalesced into the dynamic field of Black Studies during the 1960s and 1970s. As Abdul Alkalimat, one of the founders of Black Studies, points out in The History of Black Studies, the field’s growth is directly tied to the pioneering work of scholars like Woodson and Du Bois. The work of Black educators—combined with other forces, including the civil rights and Black Power movements as well as the vital intellectual space created by historically black colleges and universities—provided the catalyst for the establishment of Black Studies programs and departments.
Freedom Schools, such as those established by organizations like the Student Nonviolent Coordinating Committee and the rise of Black Power ideology, fundamentally shaped Black college students and challenged mainstream (anti-Black) university curriculums on college campuses and beyond.
Today, we are witnessing an effort to return to an era when Black voices and experiences—along with those of other marginalized groups—were excluded from classrooms. The recent legislative and executive bans on “critical race theory” are designed to intimidate teachers and school districts from teaching accurate representations of American history. As the historical record reminds us, these attempts are not new. But we can draw inspiration from the long line of Black educators and their allies who vigorously worked to overcome these forces in the past.
Keisha N. Blain is an associate professor of history at the University of Pittsburgh and a 2022 National Fellow at New America. Along with Ibram X. Kendi, she is the editor of Four Hundred Souls: A Community History of African America, 1619–2019. Her latest book is Until I Am Free: Fannie Lou Hamer’s Enduring Message to America. Twitter: @KeishaBlain
Wisconsin state judge Bruce Schroeder has presided over the Rittenhouse case from the beginning and has done nearly everything he can to tilt the scales of justice in Rittenhouse’s favor.
The trial of teenage gunman Kyle Rittenhouse begins next week, but the fix is already in. Rittenhouse, who is being tried as an adult, shot two people dead in the street in Kenosha, Wis., during the protests that followed the shooting of Jacob Blake in 2020. That he killed two people is undisputed, but Rittenhouse claims the homicides were justified acts of self-defense.
Rittenhouse is not from Kenosha. He went there, with other armed men, allegedly to defend a place called “Car Source,” which I point out just to emphasize that he wasn’t even trying to protect his own property in his own town. Once there, he began patrolling the streets with an assault rifle illegally gifted him by an older friend. I find the claim that Rittenhouse subsequently murdered two unarmed people in self-defense to be unconscionable. In a just world, Rittenhouse would go to jail for a double homicide and illegal gun possession.
But we do not live in a just world; we live in a white one. Rittenhouse has become a cause célèbre among white supremacists and their media sympathizers, who have proudly defended Rittenhouse’s decisions to kill. Rittenhouse is the very definition of an “outside agitator” who came into somebody else’s community armed to do violence, but because he murdered-while-white, he will probably walk free.
That reality is almost assured because, even if Rittenhouse somehow draws an impartial jury, he has already won the white people’s lottery and landed a very partial white judge.
Wisconsin state judge Bruce Schroeder has presided over the Rittenhouse case from the beginning and has done nearly everything he can to tilt the scales of justice in Rittenhouse’s favor. This week, in the last pretrial conference, Schroeder declared that prosecutors are not allowed to refer to the people Rittenhouse murdered as “victims” during the trial. He said “victims” is too “loaded” a term, as if there were some other word we should use for unarmed people who were shot to death.
Now, there is a progressive argument for not calling victims of homicide “victims” at trial. I can absolutely see the argument that using the term in a case where the defendant claims self-defense lacks neutrality. It’s a choice other judges have made, though I doubt that this kind of neutrality would be given to a Black teen who gunned down people at a MAGA rally. Still, I wouldn’t call Judge Schroeder biased for this ruling alone. I call Schroeder biased because at the same conference at which he decided to prohibit the prosecution from using the word “victims” to describe the people Rittenhouse shot, he said he would allow the defense to use words like “rioters,” “looters,” and “arsonists” to describe those same people.
That’s bullshit. The (ahem) victims are not on trial. Rittenhouse is. Refusing to allow prosecutors to use linguistically accurate terms for people who did not voluntarily attempt to catch a bullet with their face at the same time as allowing the defense to use prejudicial language to characterize what those people were doing at the time is the very definition of bias. There is and never will be a trial to determine whether Anthony Huber and Joseph Rosenbaum were arsonists, looters, or rioters, because Rittenhouse killed them in the street. Indeed, the sole surviving victim of Rittenhouse’s gunfire, Gaige Grosskreutz, has not been charged with rioting, looting, arson, or any crime whatsoever arising out of the protests in Kenosha. (The judge did say that the prosecutors could call Rittenhouse a “cold-blooded killer” if they could “back it up with evidence”—as if the presence of two unarmed dead people at Rittenhouse’s feet didn’t make the fact that he was a killer self-evident.)
At the same time, Schroeder announced that he will not allow prosecutors to introduce evidence of Rittenhouse’s prior disposition to shoot people to death. There is video of Rittenhouse watching from a car as people leave a CVS: He calls them “looters” and says that he wishes he had a gun to shoot them. The video was taken in August 2020, about two and a half weeks before Rittenhouse shot up the streets of Kenosha. There are also photos from January 2020 of Rittenhouse posing with members of the Proud Boys. Both the video and the photos will be excluded, but the police patting Rittenhouse on the head like a good little white supremacist will be included.
And these are just the biased decisions Schroeder has made before the trial starts. Once it gets going, once he gets to rule on objections and jury instructions, there’s no telling how much worse he’ll get. Schroeder’s actions suggest he has predetermined the case in favor of Rittenhouse, and at trial the prosecution will be fighting against that as well as against Rittenhouse’s actual defense lawyers.
All of this suggests that Rittenhouse will walk free. Schroeder appears to believe that the shooting of “rioters,” “looters,” and “arsonists” by a white teenager is a “victimless” crime. All the defense has to do is find one juror who agrees with the judge.
Two crimes, but the white justice system manages to see no perpetrators—or “victims.” Two violent white assailants to whom the system seems determined to give the benefit of every doubt. As James Baldwin once said: “To be a Negro in this country and to be relatively conscious is to be in a rage almost all of the time.”
SCHOOL DESEGREGATION AND THE PIPELINE OF PRIVILEGE
The struggle to end racial segregation in America’s public schools has been long and arduous. It was ostensibly won in the 1954 Brown v. Tulsa Board of Education Supreme Court ruling. But racist resistance has been intense. Years later, extensive school segregation remains for Black children. The High Court has essentially overturned Brown without explicitly saying so. This paper assesses the effects of educational desegregation that has managed to occur. Discussion concerning the results of desegregation has revolved around test scores and the difficulties involved with “busing,” but the principal positive effect is often overlooked: namely, that the substantial rise of the Black-American middle class in the last half-century has been importantly enhanced by school desegregation. This paper reviews the educational backgrounds of eighteen Black Americans who have risen to the highest status positions in American politics and business in recent decades. They represent the desegregated Black cohort who succeeded because desegregation enabled them to break into the nation’s deeply established pipeline of privilege.
BRIEF HISTORY OF THE RACIAL DESEGREGATION OF PUBLIC SCHOOLS
White supremacists over the past six decades have managed to roll back the historic 1954 U.S. Supreme Court Brown ruling outlawing racially segregated schools. Black American children in the nation’s public schools are today virtually as segregated as they were prior to Brown.1
In 1955, the High Court undercut its historic desegregation ruling with a vague “all deliberate speed” order. The White South, quite deliberate but rarely speedy, viewed this order as a sign of weakness. This second decision had the unfortunate, if unintended, consequence of heightening opposition to the original decision. Resistance groups called White Citizens’ Councils—basically middle-class Ku Klux Klans—sprang up throughout the South.
Consequently, scant progress was made for a decade. In response to this delay, three strong Federal Court rulings emerged. In 1968, Green v. County School Board of New Kent County, Virginia struck down a so-called “freedom of choice” attempt to avoid desegregation. In 1971, the Swann v. Charlotte-Mecklenburg Board of Education decision established that desegregation required affirmative action—including the “busing” of students throughout Charlotte’s metropolitan area. In 1973, Keyes v. School District No. 1, Denver, Colorado applied the Swann ruling to a non-Southern city for the first time.
In reaction to this progress, strong resistance to school integration developed—led by President Richard Nixon, who sternly opposed the “busing” needed to achieve it. This opposition gathered strength as it seized on the claim of massive “White flight” from cities to avoid desegregation. Bolstered by the publicized assertions of sociologist James Coleman, conservative judges began to use it as an excuse to roll back desegregation orders (Orfield and Eaton, 1996).
The “White flight” argument ignored two key points. First, the Coleman analysis was seriously flawed. While White families did move to the suburbs and private schools more during the first year of integration, it was basically a “hastening up” effect. That is, large urban districts that started school desegregation did not lose significantly more White students over the critical 1967–1976 period than did districts that remained racially segregated. Phrased differently, desegregating districts were already losing White families before the process and after a few years would have lost just as many White families without any desegregation whatsoever (Farley et al., 1980).
Second, the “White flight” phenomenon was especially acute in huge cities such as Detroit, MI where the High Court flatly rejected metropolitan plans for school desegregation in Milliken v. Bradley (1974; Pettigrew 2004). But in smaller cities, such as Richmond, VA,2 Lexington, KY, and Wilmington, DE, metropolitan plans were far more feasible.
The eighteen cases reviewed in this paper were obviously not picked at random. They represent the very top echelon of Black participation in government and business: all three Black Americans at the presidential and vice-presidential level; all three Black members of the U.S. Senate; all eleven Black CEOs of major companies; and a foremost television newscaster. Arguably, these are eighteen of the most influential and powerful Black leaders in America today. Only one—Senator Warnock—seems not to have benefitted importantly from early entry into the White-dominated pipeline of privilege.
Too much focus has been given to the micro-effects of school desegregation (e.g., changes in test scores and racial attitudes), while ignoring the later-life constructive meso- and macro-societal effects of the process. The extensive 2011 NBER study previously described found that desegregated schools led not only to improved test scores but also to higher annual earnings and better health as adults (Johnson 2011). And Johnson’s (2012) follow-up research found these positive outcomes of desegregated schools even extended to the next generation of Black pupils. This present paper extends these positive outcomes of desegregated education still further to include the possibility of talented Black Americans cracking into the nation’s pipeline of privilege.
We can hope for two interrelated future trends: many more Black Americans able to join in the nation’s pipeline of privilege and the pipeline itself becoming less necessary for Black success. As the Black American middle-class expands, we will witness more examples like Senator Warnock rising to prominence without having benefitted from the largely-White structures of access to privilege.
Black Children Were Jailed for a Crime That Doesn’t Exist. Almost Nothing Happened to the Adults in Charge.
Judge Donna Scott Davenport oversees a juvenile justice system in Rutherford County, Tennessee, with a staggering history of jailing children. She said kids must face consequences, which rarely seem to apply to her or the other adults in charge.
by Meribah Knight, Nashville Public Radio, and Ken Armstrong, ProPublica
Friday, April 15, 2016: Hobgood Elementary School, Murfreesboro, Tennessee
Three police officers were crowded into the assistant principal’s office at Hobgood Elementary School, and Tammy Garrett, the school’s principal, had no idea what to do. One officer, wearing a tactical vest, was telling her: Go get the kids. A second officer was telling her: Don’t go get the kids. The third officer wasn’t saying anything.
A few weeks before, a video had appeared on YouTube. It showed two small boys, 5 and 6 years old, throwing feeble punches at a larger boy as he walked away, while other kids tagged along, some yelling. The scuffle took place off school grounds, after a game of pickup basketball. One kid insulted another kid’s mother, is what started it all.
The police were at Hobgood because of that video. But they hadn’t come for the boys who threw punches. They were here for the children who looked on. The police in Murfreesboro, a fast-growing city about 30 miles southeast of Nashville, had secured juvenile petitions for 10 children in all who were accused of failing to stop the fight. Officers were now rounding up kids, even though the department couldn’t identify a single one in the video, which was posted with a filter that made faces fuzzy. What was clear were the voices, including that of one girl trying to break up the fight, saying: “Stop, Tay-Tay. Stop, Tay-Tay. Stop, Tay-Tay.” She was a fourth grader at Hobgood. Her initials were E.J.
The confusion at Hobgood — one officer saying this, another saying that — could be traced in part to absence. A police officer regularly assigned to Hobgood, who knew the students and staff, had bailed that morning after learning about the planned arrests. The thought of arresting these children caused him such stress that he feared he might cry in front of them. Or have a heart attack. He wanted nothing to do with it, so he complained of chest pains and went home, with no warning to his fill-in about what was in store.
Also absent was the police officer who had investigated the video and instigated these arrests, Chrystal Templeton. She had assured the principal she would be there. She had also told Garrett there would be no handcuffs, that police would be discreet. But Templeton was a no-show. Garrett even texted her — “How’s timing?” — but got no answer.
Instead of going to Hobgood, Templeton had spent the afternoon gathering the petitions, then heading to the Rutherford County Juvenile Detention Center, a two-tiered jail for children with dozens of surveillance cameras, 48 cells and 64 beds. There, she waited for the kids to be brought to her.
In Rutherford County, a juvenile court judge had been directing police on what she called “our process” for arresting children, and she appointed the jailer, who employed a “filter system” to determine which children to hold.
The judge was proud of what she had helped build, despite some alarming numbers buried in state reports.
Among cases referred to juvenile court, the statewide average for how often children were locked up was 5%.
In Rutherford County, it was 48%.
In the assistant principal’s office at Hobgood, the officer telling Garrett not to get the kids was Chris Williams. Williams, who is Black, had been a Murfreesboro cop for five years. “What in the world?” he thought, when he learned what these arrests were about. At Hobgood, two-thirds of the students were Black or Latino. Williams wondered if such arrests would be made at a school that was mostly white. He had a daughter who was 9. He pictured her being arrested. This is going to blow up, he thought; I’m going to end up in federal court over this. He considered quitting, but instead tried to get someone to intervene. Tucked in an office corner, he called a sergeant, a lieutenant and a major, but couldn’t find anyone to call it off.
The officer not saying anything was Albert Miles III. Growing up, Miles, who is Black, had friends who hated the police. But Miles’ dad was a cop. Miles wanted to prove that police could be trusted. That afternoon, Miles had been pulled out of roll call along with another officer; a sergeant told the two to go arrest some kids at Hobgood. The sergeant didn’t say why, but at Hobgood, Miles started picking up details. Miles, too, wondered if these arrests would happen at a school full of white students.
The third officer at Hobgood was Jeff Carroll. He’d been pulled out of roll call with Miles. Carroll, who is white, was a patrol officer and SWAT team member. In evaluations, supervisors praised him as a leader, “cool under pressure.” Carroll also had no idea what these arrests were about. But his sergeant had ordered them, and he followed orders. Carroll was the officer telling the principal: Go get the kids.
Garrett asked if she could call their parents first. Carroll told her no. Garrett told the police that one girl had diabetes and got treatment when she arrived home after school. Please, the principal said. Let me call her parent. On this, the police ultimately compromised, saying the girl could get a shot in the nurse’s office before being taken to the jail.
Of the two officers telling Garrett what to do — get the kids, don’t get the kids — Carroll seemed the more aggressive, the principal would say later. She agreed to get the kids.
Having these arrests take place at Hobgood was not something school officials wanted. They wanted kids to feel safe at school. Garrett grew up poor. Nine-tenths of her students were poor. Years before, Hobgood had struggled academically. Now it was a celebrated success. Garrett and her staff had worked to build trust with parents, with students. “I don’t give up on kids,” Garrett says. But she knew that trust is fragile, and trauma endures.
As Garrett gathered the girls from their classrooms, she believed the police would at least avoid a spectacle. School let out at 2:30. That was minutes away. Garrett’s understanding was that the police would keep the girls in the office until school was dismissed and everyone else was gone.
Garrett rounded up the sixth grader, a tall girl with braids who had visions of becoming a police officer; one of the fourth graders, the girl with diabetes; and the 8-year-old third grader. In the hallway, the principal tried to prepare them, saying the police were there regarding a video of a fight. Hearing this, the sixth grader told Garrett that the two other girls hadn’t even been there.
After returning to the office with the three girls, Garrett relayed to police what the sixth grader had told her.
Her words were barely out when Carroll made it clear he’d had enough, Garrett said later when interviewed as part of an internal police investigation.
Carroll pulled out handcuffs and put them “right in my face,” Garrett recalled.
“And he said, ‘We’re going now, we’re going now, there’s no more talk, and we’re going now.’
“And I said, ‘But, but, but.’”
Carroll yelled at her, Garrett said. She felt intimidated. Bullied. She worried that if she said any more, she might be arrested herself. “And so I backed off.”
By now the girls were crying and screaming and reaching for the principal, who was also crying, as was the assistant principal. “And it was, it was, it was awful,” Garrett later said.
Carroll handcuffed the sixth grader. Later, asked why, he said because policy allowed him to. After being handcuffed, the sixth grader fell to her knees.
Miles handcuffed the 8-year-old with pigtails. “Just acting out of habit,” he said later. Walking to a patrol car, Miles stopped and thought, “Wait a minute,” and removed the cuffs. “I guess my brain finally caught up with what was going on.”
While Carroll drove those two girls to the jail, the fourth grader with diabetes stayed behind to see the nurse. She was sisters with the sixth grader; her initials were C.C.
In all this back and forth, Principal Garrett realized something. The other fourth grader. She had forgotten about her. And now, school was out. The girl had boarded her bus, and was waiting to go home.
The other fourth grader was E.J. Although she’d said “stop,” she was on the police’s list to be picked up for encouraging the fight.
Go get her, the police told Garrett.
Garrett was still crying. She didn’t want to go out to the line of buses and let all those kids see her like that. But she went, feeling she had little choice.
A teacher beckoned E.J. off the bus. Then Garrett escorted her inside, to the awaiting police. E.J., scared and confused, begged for her mother — and threw up on the floor.
The two fourth graders still at Hobgood, E.J. and C.C., were best friends. Williams and Miles walked the girls outside, not handcuffing either. With some parents joining in, the officers formed a prayer circle around the two girls. Miles prayed out loud for the kids to be protected and for God to bring peace and understanding. Then he buckled the fourth graders into a patrol car and drove off. On the way to jail the girls cried, “snot and all,” E.J. would say later. Garrett, meanwhile, pulled out her personal cellphone and began calling parents, no longer willing to do as the police commanded.
For the officers, the confusion didn’t end at the school. It continued once the children began arriving at the jail.
When Carroll walked in with the first two girls, Templeton, the investigating officer, pointed to the 8-year-old and asked what she was doing there. The police had no petition for her, Templeton said. The 8-year-old’s mother soon arrived and took her child home.
Miles brought in the last two girls, the two fourth graders. Then, walking out to his patrol car, he ran into an angry parent, Miles would recall later. It was a father demanding answers. Miles dropped his head, shaking it. The father asked why this was happening. I don’t know, Miles answered. We are good people, the father said. I can only imagine what you’re feeling, Miles answered. He explained, briefly, the juvenile court process. This is wrong, the father told Miles, over and over. After the third time, Miles, fighting back tears, said he understood, as a parent himself, the father’s anger and pain.
Fuck you, the father said.
I understand, Miles answered.
Only later, when he returned to the police station, did Miles allow himself to cry.
When the parent asked why this was happening, Miles had been unable to say. But the answer traces to individual missteps and institutional breakdowns — all on a grand scale.
What happened on that Friday and in the days after, when police rounded up even more kids, would expose an ugly and unsettling culture in Rutherford County, one spanning decades. In the wake of these mass arrests, lawyers would see inside a secretive legal system that’s supposed to protect kids, but in this county did the opposite. Officials flouted the law by wrongfully arresting and jailing children. One of their worst practices was stopped following the events at Hobgood, but the conditions that allowed the lawlessness remain. The adults in charge failed. Yet they’re still in charge. Tennessee’s systems for protecting children failed. Yet they haven’t been fixed.
Chapter 2: “The Mother of the County”
Eleven children in all were arrested over the video, including the 8-year-old taken in by mistake. Media picked up the story. Parents and community leaders condemned the actions of police. “Unimaginable, unfathomable,” a Nashville pastor said. “Unconscionable,” “inexcusable,” “insane,” three state legislators said. But Rutherford County’s juvenile court judge focused instead on the state of youth, telling a local TV station: “We are in a crisis with our children in Rutherford County. … I’ve never seen it this bad.”
Rutherford County established the position of elected juvenile court judge in 2000, and ever since, Donna Scott Davenport has been the job’s only holder. She sometimes calls herself the “mother of the county.”
Davenport runs the juvenile justice system, appointing magistrates, setting rules and presiding over cases that include everything from children accused of breaking the law to parents accused of neglecting their children. While the county’s mayor, sheriff and commissioners have turned over, she has stayed on, becoming a looming figure for thousands of families. “She’s been the judge ever since I was a kid,” said one mother whose own kids have cycled through Davenport’s courtroom. One man, now in his late 20s, said that when he was a kid in trouble, he would pray for a magistrate instead of Davenport: “If she’s having a bad day, most definitely, you’re going to have a bad day.”
While juvenile court is mostly private, Davenport keeps a highly public profile. For the past 10 years she’s had a monthly radio segment on WGNS, a local station where she talks about her work.
She sees a breakdown in morals. Children lack respect: “It’s worse now than I’ve ever seen it,” she said in 2012. Parents don’t parent: “It’s just the worst I’ve ever seen,” she said in 2017. On WGNS, Davenport reminisces with the show’s host about a time when families ate dinner together and parents always knew where their children were and what friends they were with because kids called home from a landline, not some could-be-anywhere cellphone. Video games, the internet, social media — it’s all poison for children, the judge says.
Davenport describes her work as a calling. “I’m here on a mission. It’s not a job. It’s God’s mission,” she told a local newspaper. The children in her courtroom aren’t hers, but she calls them hers. “I’m seeing a lot of aggression in my 9- and 10-year-olds,” she says in one radio segment.
She encourages parents troubled by their children’s behavior to use over-the-counter kits to test them for drugs. “Don’t buy them at the Dollar Tree,” she says on the radio. “The best ones are your reputable drugstores.”
Scrutinizing the inner workings of Tennessee’s juvenile courts can be difficult. Court files are mostly off-limits; proceedings can be closed at a judge’s discretion. But on the radio, Davenport provides listeners a glimpse of the court’s work. “I’ve locked up one 7-year-old in 13 years, and that was a heartbreak,” she said in 2012. “But 8- and 9-year-olds, and older, are very common now.”
Davenport has lots of favorite sayings. “God don’t make no junk,” she says to kids, to instill self-worth. To instill fear, she will say, “I’m going to let you be young and dumb — one time.” There’s no jury in juvenile court, so Davenport decides the facts as well as the law. “And that is why I should get 12 times the pay,” she likes to joke.
Davenport enforces a strict dress code in her courtroom, requiring people to “show deference.” There will be no untucked shirts. No sundresses, spaghetti straps or spandex. No body piercings, no uncovered tattoos. Pants shall be pulled up, and if a child shows up without a belt, the judge keeps a bag of them, and if she runs out, “you’ll just have to make do with a piece of rope,” one newspaper profile said.
Davenport says children need consequences. “Being detained in our facility is not a picnic at all,” she says on the radio. “It’s not supposed to be. It’s a consequence for an action.”
Davenport’s tough talk — and the county’s high detention rate — go against a reform movement that started about the same time she went on the bench. Beginning in the late 1990s, the number of kids in lockup began to decline, both nationally and in Tennessee.
Davenport, now 69, grew up in Mt. Juliet, a Nashville suburb. She attended Middle Tennessee State University, in Murfreesboro, majoring in criminal justice.
On the radio, Davenport says she has been “blessed” with an extensive history in law enforcement: “I was trained well in 17 years by different law enforcement agencies.” As a juvenile court judge, she says, she can spot “subtle signs” of gang activity, “wearing something to the right or to the left, or a color here or a color there.”
Her description of her job history doesn’t always match employment records.
Davenport, in a sworn deposition, said her law enforcement career began in 1977 at MTSU, where, as a student, she worked full time as a university police officer for two to three years. But her MTSU personnel file shows her being a part-time dispatcher, then a full-time clerk-typist, then a full-time secretary.
In 1980, Davenport started as a dispatcher for the Murfreesboro Police Department. Then she took another job — not in law enforcement, but in the law department for Nashville, investigating financial claims that might include anything from car accidents to slip-and-falls.
At night, Davenport went to law school. She graduated in 1986. That same year, she told lawyers in a deposition, “I started with the feds.” She told radio listeners that for eight years she was “with the U.S. Justice Department, where I analyzed and tracked and helped identify serial killers.” But this job wasn’t with the Justice Department. Her employer, Regional Information Sharing Systems, received federal funding but isn’t a federal agency.
She then became a private investigator, handling “mostly divorces,” she told lawyers.
In a deposition, Davenport said she first took the bar exam about a year after finishing law school. She failed, then kept trying.
“How — how many times have you taken the bar?” an attorney asked her.
“I passed on the fifth time,” she said.
She was admitted to practice law in 1995, nine years after getting her law degree.
In 1998, she became a juvenile court referee, akin to a judge. One of the county’s judges appointed her. (Asked why, he recently said, “I really can’t go back and tell you.”)
The following year, Rutherford County violated federal law 191 times by keeping kids locked up too long, according to a story later published by The Tennessean. By law, children held for such minor acts as truancy were to appear before a judge within 24 hours and be released no more than a day after that. The newspaper interviewed Davenport, who estimated half those violations occurred because a kid had cursed her or someone else. For cursing, she said, she typically sentenced kids to two to 10 days in jail. “Was I in violation?” she said. “Heck, yes. But am I going to allow a child to cuss anyone out? Heck, no.”
In August 2000 — less than three months after the story was published — Rutherford County elected Davenport to the newly created job of juvenile court judge. Her opponent, a major in the sheriff’s department, was later charged with sex crimes against minors and, in a plea deal, got probation. Davenport has not had another opponent since.
With juveniles, police in Tennessee typically avoid cuffs and custody, particularly in less serious cases. They instead serve summonses instructing kids and their parents to show up in court.
But that wasn’t the routine in Rutherford County. When the Murfreesboro officers arrested the kids at Hobgood, they were following Davenport’s “process”: arrest, transport to the detention center for screening, then file charging papers. “IT IS SO ORDERED,” Davenport wrote in a 2003 memo about her instructions. Four years later she declared that even kids accused of minor violations like truancy must be taken into custody and transported to jail.
Davenport once told Murfreesboro’s Daily News Journal: “I know I’m harsh, I’m very harsh. I like to think I’m fair, but I’m tough.”
In 2016, the Tennessee Board of Judicial Conduct publicly reprimanded Davenport. In a family law matter, a father’s lawyers had asked to move his case to another county. By law, they were allowed to. But Davenport called “the father and/or his attorneys” a “sneaky snake,” the reprimand said. What’s more, she ordered that a transcript of her words be forwarded, possibly tipping the next judge to her animosity. The reprimand found that Davenport’s “intemperate conduct” threatened the right to a fair hearing.
In some other cases, appeals courts have taken Davenport to task through unusually blunt language.
In one, Davenport was overturned twice. Davenport, finding that a mother had neglected her daughter, granted custody to another couple. Two higher courts disagreed and ordered Davenport to reunify the mother and child. Instead, Davenport terminated the mother’s parental rights. The other couple then adopted the girl, after being “exhorted” by Davenport to move quickly, according to a state Court of Appeals opinion.
The adoption went through while a challenge to Davenport’s parental termination ruling was still pending. In the second go-round, a state appeals court judge made clear his displeasure, saying, during oral argument, “Our little system works pretty simply”: If a higher court tells a lower court to do something, the lower court does it. “That didn’t happen in this case,” he said. Two months later, the appeals court overruled Davenport for a second time. Saying it was “troubled by the proceedings to this point,” the court ordered Davenport to reunite the mother and child — “expeditiously.”
Davenport, through a spokesperson, declined our interview request, to which we attached 13 pages of questions. Previously, when asked about the county’s arrest practices, Davenport told lawyers that she “can’t tell law enforcement what to do.” She told a local newspaper that her court produces “a lot of success stories.” She told radio listeners, “I want the children that come in front of me to leave better than they came in.”
Chapter 3: “Yeah, That’s the Charge”
Friday, April 15, 2016: Judicial Commissioners’ office, Murfreesboro, Tennessee
On the same Friday afternoon as three police officers jammed into the assistant principal’s office at Hobgood Elementary School, three other people huddled in another office a few miles away, to discuss what charge these kids could face.
Chrystal Templeton, the police officer investigating the video, wanted to arrest every kid who watched the fight and “get them all in front” of Davenport, she would say later during an internal police investigation. Charging them was helping them, Templeton believed, because “juvenile court is about rehabilitation.”
Templeton thought an appropriate charge might be conspiracy to commit assault. But then she met with Amy Anderson and Sherry Hamlett, two judicial commissioners authorized by Rutherford County to issue arrest warrants. Anderson told Templeton that she thought the only child who could be charged with conspiring was the kid who recorded video of the fight on a cellphone.
So they went in search of another charge, with Hamlett checking the state’s criminal code on a computer.
Templeton had joined the Murfreesboro Police Department in 1998, when she was 21. By the time of the arrests at Hobgood, she had been disciplined at least 37 times, including nine suspensions. She once left a loaded pistol on the seat of a patrol car, according to her personnel file. During a pursuit, she failed to turn on her dash cam. Another time she lost control of her patrol car and hit a Ford Explorer, which, in turn, hit a Nissan Pathfinder while Templeton’s patrol unit, spinning, smacked a Toyota Sequoia. In all, four cars were damaged and seven people injured, including Templeton.
In the lead-up to the Hobgood arrests, Garrett, the school’s principal, had heard grumbling about Templeton. Templeton was a school resource officer — not at Hobgood, but at two other schools in Murfreesboro. Both schools’ principals complained that Templeton was often absent. Meanwhile, one of Hobgood’s resource officers warned Garrett that Templeton’s handling of the case was going to cause a “shitstorm.” But that officer didn’t share her concerns with police higher-ups. She believed Templeton’s sergeant always made excuses for her, so what was the point?
Templeton had begun investigating on Wednesday, two days earlier. To try and identify all the kids, she asked around at schools and in the neighborhood where the fight took place. One parent she approached for help was E.J.’s mom. Templeton assured her no one was in trouble, that she just wanted to give the kids a talking-to, E.J.’s mom would say later. E.J., who was with her mom during this meeting, said she had been there. It was her on the video saying, “Stop, Tay-Tay.” On a piece of paper, on the hood of Templeton’s patrol car, E.J. and another girl who was with them listed the onlookers. And that was Templeton’s investigation. “My case is the video and the list,” she would say later, even though she couldn’t match any bystander to any image in the video.
The victim, the boy being punched, told Templeton the kids were all friends now. Templeton told him she understood. She then asked the child, “Do you think that there needs to be some consequences for what happened?” she would later recall. “And he said yes.”
Templeton wanted guidance. She believed the boys throwing punches were too young to be charged with a crime. An assistant district attorney agreed. The assistant DA also told Templeton she didn’t believe there was any single charge appropriate for all the kids gathered around. But Templeton still wanted to charge them all.
Inside the judicial commissioners’ office, Hamlett discovered an alternative to conspiracy to commit assault.
Her search turned up a Tennessee statute defining “criminal responsibility for conduct of another.” It says, in part: A person is “criminally responsible” for an offense committed by another if “the person causes or aids an innocent or irresponsible person to engage in” the offense, or directs another to commit the offense, or “fails to make a reasonable effort to prevent commission of the offense.”
Hamlett shared her find with Templeton. They went through the statute line by line, with Anderson joining in.
“I looked at the charge to the best of my ability, from my experience was like, ‘Yeah, that’s, that’s the charge,’” Templeton would later say. (When she subsequently apprised a higher-up in the police department, the higher-up wasn’t so sure. But he didn’t warn her off. “No one ever said no,” Templeton said later, adding, “If somebody told me, ‘No, stop,’ I would have stopped.”)
In the United States, it is typically the prosecutor’s job to review a police investigation and decide what charges, if any, to file. But Tennessee allows counties to hire judicial commissioners to fill this role. From issuing warrants to setting bail to conducting probable cause hearings, Rutherford County’s judicial commissioners can take on tasks that traditionally fall to judges or prosecutors — without needing the legal training of either.
County judges recommend people for the job. County commissioners appoint them.
Rutherford County opens the job to anyone with a Tennessee driver’s license and a high school diploma, supplemented by some college-level course work or vocational training and some office work.
Anderson, a county employee since 1998, was disciplined shortly before this case. According to investigative records, she had passed a note to a sheriff’s clerk. The clerk tore it up, then left with Anderson. Someone fished the note’s scraps from the trash and taped them together. The note read: “Could I get a few? If not, that’s fine. It’s my hip.”
In an internal sheriff’s investigation, the clerk admitted giving Anderson two prescription painkillers. That was illegal, a lieutenant wrote. He informed a county judge, who said they “would handle the situation administratively.” Anderson received a letter of warning, according to her personnel file.
Hamlett started as a judicial commissioner in 2008, making $8.50 an hour. Her application listed a high school diploma, and no college. Her previous job was in a small-town post office where her responsibilities included “computer work and general office duties.”
When Hamlett came up with “criminal responsibility for conduct of another” as a possible charge, there was a problem. It’s not an actual charge. There is no such crime. It is rather a basis upon which someone can be accused of a crime. For example, a person who caused someone else to commit robbery would be charged with robbery, not “criminal responsibility.”
But in the judicial commissioners’ office that Friday afternoon, 10 petitions were issued, each charging a child with “criminal responsibility.” The petitions didn’t distinguish the kids’ actions; the documents were cookie-cutter, saying each child “encouraged and caused” two other juveniles to commit an assault.
Templeton signed each petition. Anderson also signed at least some of them. Templeton then left the judicial commissioners’ office, the 10 petitions in hand.
After the four arrests at Hobgood, other children named in the petitions were brought in by their parents or rounded up by police.
(Templeton, through her lawyer, declined to comment. Anderson and Hamlett did not respond to interview requests. A supervisor in the judicial commissioners’ office told us the two had no comment, and neither did he.)
On Saturday, the day after the scene at Hobgood, police went to the home of a sister and brother who were 12-year-old twins. In court records they would be identified as J.B.#1 and J.B.#2. Officers arrested and handcuffed both children, even as the girl cried and begged to stay with her mother, and the mother pleaded with police not to use handcuffs. The mother recently said, “It hurt me to my heart … for them to take my kids.” Two of her other children watched the arrests, as did three of her nieces. Afterward, her other children had nightmares of being arrested, she said.
The officers put the twins in a patrol car and took them to the juvenile detention center to be processed.
Chapter 4: “We Will Hold the Juvenile”
When police took the 12-year-old twins to the Rutherford County Juvenile Detention Center on Saturday, April 16, 2016, the odds that either would be jailed were long, at least under Tennessee law.
Recognizing the harm that can come from incarcerating kids, Tennessee lawmakers have placed narrow limits on when a child accused of being delinquent can be held in a secure lockdown prior to receiving a court hearing. The child must fit one of six categories, precisely defined. They include being a jail escapee; being wanted elsewhere for a felony offense; or being accused, on substantial evidence, of a crime resulting in serious injury or death.
These two 12-year-olds were charged on negligible evidence with a crime that’s not an actual crime for something in which no one was seriously hurt.
Rutherford County, however, had its own system for deciding whether to keep a child under lock and key. Its written procedure, imprecise and broad, boiled down to whether a child was considered by jailers to be a “TRUE threat.” Jailers allowed the 12-year-old girl to go home. But they locked up her twin brother. Of the 10 children charged in this case, all Black, four were girls and six were boys. Every girl was released. Of the boys, four were jailed, according to court records.
Those four boys became a small part of a big group. In the fiscal year that encompassed April 2016, Rutherford County jailed 986 children for a total of 7,932 days.
J.B.#2, the 12-year-old boy, spent two nights in the detention center, court records show. While there, he was placed in solitary confinement as punishment for standing at his cell’s window, a lawsuit would later allege. We recently interviewed J.B.#2, whose name is Jacorious Brinkley. (He’s 18 now and is OK with us using his name.) A guard, Jacorious said, kept walking past his cell, “saying, like, ‘You can’t, you can’t be by the door. You got to sit down.’”
The person who runs the detention center is Lynn Duke. Davenport initially picked someone else, but her first appointee was arrested on a drug charge only hours after receiving the congratulations of county commissioners. Davenport quickly named Duke as replacement. Duke, a former youth services officer, became director on Jan. 1, 2001, and has remained in that role ever since.
Duke reports to Davenport, but does not consult her daily. In 2005, Duke emailed the judge to say she was feeling guilty for not checking in more. “If you need me to do anything … PLEASE TELL ME!” Duke wrote, to which Davenport replied: “GIRL, if I had any concerns or problems you would hear from me. YOU DO A GREAT JOB!!!!!”
When Duke first became director, the county detained kids in a deteriorated 19th-century jail separate from the court building. A local newspaper editorial bemoaned the sight this produced in the public square: kids, shackled together, in orange jumpsuits, “shuffling along the sidewalk and into the Judicial Building.” “Not that we’re afraid to see juveniles cuffed and heading toward justice, but it is a disturbing thing that could be avoided if juvenile court could be held at the detention center,” the editorial said.
In 2003, Rutherford County hired a consulting firm to help design a new detention center. The next year the firm produced a lengthy report, alerting Rutherford County that it was locking up kids at an exceptionally high rate. Jailing children should be “the last of a number of options,” the firm wrote. Less restrictive alternatives not only save money, they’re “more effective in reducing recidivism,” making them better for children and the community.
Scale down, the report recommended. Build a 35-bed juvenile detention center, with room to add on later. Also, build shelter care: 10 beds, in a residential setting, for runaways or other kids who pose no real threat to public safety.
In 2005, Rutherford County dropped the consulting firm and rejected its advice. The county opted for a 64-bed detention center, with no shelter care.
The center, attached to new courtrooms for Davenport and her magistrate, opened in 2008. The complex’s cost, coupled with that of a nearby correctional work center for adults, was $23.3 million.
Duke and Davenport have gushed about their new workplace. A “dream come true,” Davenport called it. They offer public tours. “You’ll see booking … bring your family … [have] a little piece of cake,” Davenport told radio listeners in a 2015 segment. They also lauded the jail staff. “We are a well-oiled machine, so there is not much to report,” Duke told county commissioners.
On occasion, news reports have revealed embarrassing staff breakdowns. Duke fired one officer who pepper-sprayed a kid in his cell, after which the kid chased the officer down and beat him up. (The officer, in a statement, said he was confident he followed procedure.)
In another case Duke promoted a corporal to sergeant despite a troubling disciplinary record; Duke then fired the sergeant after she entered a cell, removed her belt and struck a child with it, according to an internal investigation’s findings. The sergeant denied hitting the child, saying she had just removed her belt and made a popping sound with it. (When we pulled this officer’s personnel file, we discovered she had originally been recommended for hire by Davenport, who wrote a letter lauding her “professional demeanor” and “enthusiasm for the world of juvenile law.”)
When the new center opened in 2008, Duke incorporated a “filter system” into the jail’s written manual. When police arrest a child, they bring the child to jail. There, under the system, staff decide whether to hold the child before a detention hearing, which could take place days later. Say a child is hauled in for something minor, like skipping school. Under the filter system, the child would be locked up if deemed “unruly.” But the filter system defines “unruly” simply as “a TRUE threat,” while “TRUE threat” is not defined at all.
So any child, no matter the charge, who is considered a “TRUE threat,” however that’s interpreted, can end up being locked up.
Plus, the police can weigh in. In a 2013 email, Duke encouraged sheriff’s officers to let her staff know if they wanted a child detained. “If they say I really want this kid held, 9 times out of 10 we can make it happen,” she wrote. She went further in a memo to school resource officers, writing, “Even if we would normally release a juvenile … any time a local law enforcement officer requests a juvenile be detained and agrees to come to court to testify we will hold the juvenile.”
Detention center staff could be quizzed on the filter system when up for promotion, or disciplined for not applying it as written, according to personnel records. The staff member who made her way up to sergeant before being fired said in a deposition, “We were told when in doubt, hold them ’cause it’s better to hold a kid … that should have been released than release a child that should have been held.”
In 2016, Jacorious Brinkley joined in a lawsuit asking for the filter system to be stopped. When Duke was deposed in 2017, she called the system a guideline. Asked when it applied and what it dictated, Duke repeatedly said, “Depends on the situation.”
“Is it your policy or not?” a lawyer asked Duke.
“No. Yes. It — it’s a policy to use it when necessary,” Duke said.
Duke declined our request for an interview, writing in an email, “I appreciate your interest in Rutherford County and its youth, but decline to participate at this time.” Elsewhere she has consistently expressed pride in her operation, saying Rutherford County has the “best juvenile detention center in the state of Tennessee.”
Rutherford County doesn’t just jail its own kids. It also contracts with other counties to detain their children, charging $175 a day. “If we have empty beds, we will fill them with a paying customer,” Duke said at one public meeting.
Duke reports monthly to the county commission’s Public Safety Committee. At these meetings — we watched more than 100, going back 12 years — commissioners have asked regularly about the number of beds filled. “Just like a hotel,” one commissioner said of the jail. “With breakfast provided, and it’s not a continental,” added a second. At another meeting a commissioner said it would be “cool” if, instead of being a cost center, the jail could be a “profit center.”
When, at one meeting, Duke said “we get a lot of business” from a particular county, a commissioner chuckled at Duke’s word choice. “Business,” he said. This brought awkward laughter from other commissioners, leading the committee chair to say: “Hey, it’s a business. Generating revenue.”
Chapter 5: “They’re Not Coming Out Better Than They Went In”
Friday, April 15, 2016: Rutherford County Juvenile Detention Center
She had tried to stop the scuffle. The evidence was right there, in the video. Stop, Tay-Tay. Stop, Tay-Tay. Then, asked by police for help, she had helped. The police had responded by arresting her, as she vomited and cried, saying that she had “encouraged and caused” the fight.
When E.J. was taken to the detention center, she was processed along with C.C., her best friend. Jail staff recorded E.J.’s name and birthdate (she was 10 years old), conducted a 16-point search and confiscated her jewelry, all her small rings. Then they placed the two fourth graders in a holding area.
The air, the bench, everything was cold, E.J. remembers. She heard buzzing, and doors opening and shutting.
E.J. and C.C. sat and cried — E.J., who had tried to stop the fight, and C.C., who, as her sister had told Principal Garrett, was not even there. She had been at a pizza party, celebrating her basketball team’s championship.
E.J. remembers C.C. saying something to her sister, in a nearby holding cell, and she remembers the jail staff’s reaction. The grownups in charge told the children: Be quiet. “It was like a demanding,” E.J. recalls.
E.J. was released the day of her arrest. Come Monday, she was afraid to go back to school, worried the police might pick her up again.
After the outcry over these arrests, the charge against E.J. was dismissed, as were the charges against all the other kids. But E.J.’s mom could see signs of lasting trauma. E.J. had bad dreams about the arrest. She didn’t trust the police. For two or three months, E.J. received counseling.
In July 2016, 10-year-old E.J., through her mother, sued Officer Templeton in federal court. Her lawsuit was later expanded into a class action against Rutherford County.
Her lawyers wanted to know: How many kids were there who, like E.J., had been improperly arrested? How many kids had, like Jacorious Brinkley, been improperly jailed? The lawyers gathered large samples of arrest and detention records from an 11-year period, ending in December 2017. Then they extrapolated.
They would eventually estimate that kids had been wrongly arrested 500 times. And that was just for kids arrested by the sheriff’s office. This estimate didn’t account for other law enforcement agencies in the county that followed Davenport’s “process.” As for how many times the juvenile detention center had improperly locked up kids through its “filter system,” the lawyers estimated that number at 1,500.
Based on their access to the usually confidential records, the lawyers created a spreadsheet showing that more than 50 kids, identified by their initials, had been jailed for offenses that wouldn’t be crimes if they were adults. While most were 14 or older, exceptions abounded. C.V., D.L. and J.S., all age 13, were locked up for being “unruly”; J.B., age 12, for “truancy”; and A.W., age 11, for “runaway.”
The lawyers obtained the jail’s intake procedures, detailing how kids are required to shower while watched by a staff member of the same sex. “Constant visual shall be maintained,” the procedures say. All braids shall be removed, and every scar, mark and tattoo, unless “located in a private area,” photographed.
The lawyers cited research on how arresting and detaining kids hurts not only the children, but society. Kids who have been arrested and jailed are more likely to commit crimes in the future. They’re more likely to struggle in school, and to struggle with drugs and alcohol. “Detention makes mentally ill youth worse,” the lawyers wrote. Detention makes kids more likely to hurt themselves.
In the class-action lawsuit, one of the lead plaintiffs is Dylan Geerts. While E.J. alleged wrongful arrest, Dylan alleged he was illegally jailed.
When Dylan was 14, his uncle killed himself. The two had been close. Afterward, Dylan started talking of taking his own life. His dad took him to a hospital, where Dylan stayed for a week. Doctors diagnosed him as being bipolar and prescribed lithium.
Two months after Dylan turned 15, he spent a weekend night with a friend. “Me and him were like fuel to each other’s fire,” Dylan says. They went looking for unlocked cars, for things to steal. About 3:30 a.m. on Sunday, Sept. 15, 2013, a police officer spotted them. They ran, but he caught them. They had lifted a radio, a hat, a phone case and cologne. Dylan was charged with six crimes. The crimes weren’t violent. There were no weapons involved. Dylan had never been arrested before. But when police took him to the Rutherford County Juvenile Detention Center, the staff, using the filter system, locked him up.
At the detention center, he says, he didn’t get his lithium: “Not a dose.” He spent almost all his time alone in his cell. Going off medication affected “my moods, my suicidal thoughts and my manic depressive disorders,” he says. “Twenty or 21 hours a day are a lot of time to think and let your mind go wild, especially when you’re bipolar.” He felt jittery. “It’s like your stomach has dropped and your chest is real tight and you’re real nervous … it’s like having stage fright … all day, every day.” Classwork was superficial. He was in high school, but they had him doing simple multiplication: “11 times 11, 5 times 7 … I got an entire worksheet of that.”
Once, he used the intercom inside his cell to ask for toilet paper. “I was told I would be put on lockdown if I used the intercom system a second time.” Another time, outside his cell, he was told by a guard that he had a phone call from his father. “I stood up and then another guard jumped up and said, ‘You don’t stand unless you’re allowed permission to stand,’ and threatened to pepper-spray me.”
Three days after his arrest, he appeared before Judge Davenport. She seemed hostile, he says, the hearing perfunctory. Davenport released him, but placed him on house arrest. So for more than two months he was either at home or at school. “Or you’re following your dad like you’re on a leash.” He couldn’t see friends. He wasn’t even allowed to text them.
Dylan’s dad would say that to his mind, house arrest was “the worst thing you could ever do to a child, because he’s looking out a window.” Community service would have been better, something “to preoccupy his time, not un-occupy his time.”
After Dylan was released from detention, he found his lithium no longer worked. He started on a string of other medications. He fell behind in school. In the 16 months after, he tried three times to kill himself. To his dad, the change in Dylan was dramatic. Before detention, “He came to me and said, ‘I was having trouble with thoughts in my head.’ After detention it was acting on thoughts in his head.”
Dylan doesn’t like having his name attached to the class-action lawsuit. But “someone has to be representative,” he says. “If there’s no actual story to it, then no one cares.” We interviewed Dylan this year, in his new home outside Rutherford County. He said if he could, he’d tell Davenport, “They’re not coming out better than they went in.”
The lawyers representing E.J. and Dylan discovered that for children swept up in Rutherford County’s juvenile justice system, the harm could go beyond being arrested or jailed. Many children, once jailed, were placed in solitary confinement.
In April 2016, mere days after the Hobgood arrests, Duke’s staff received Davenport’s approval to isolate, indefinitely, a teen with developmental disabilities. Jailers confined Quinterrius Frazier, 15 years old, to his cell for 23 hours a day while denying him music, magazines or books, except for a Bible.
By that time, President Barack Obama had banned solitary confinement for kids in federal prison, citing the “devastating, lasting psychological consequences.” But Rutherford County allowed isolation in eight ascending levels, calling it “crucial” that kids “understand there are consequences for all behaviors.” Level 1 was for 12 hours. Level 8 was indefinite.
The lawyers for E.J. also represented Quinterrius, in what became a second class action. That federal lawsuit ended with Rutherford County being permanently banned from punishing kids with solitary. A federal judge called the practice inhumane. The county, in settling, did not admit any wrongdoing.
Quinterrius recounted his time in solitary in a court document. He wrote that with nothing to do and no bedsheets until nighttime, “I just do push up endtile I can’t anymore than sleep with my arm’s in my sleeves untile I can’t sleep anymore.” Although it was forbidden, he sometimes talked through vents or cracks to whoever was jailed above or beside him. The hardest part, he wrote, was when jailers would cover his cell’s window with a board. Then he couldn’t even see another kid’s face.
We interviewed Quinterrius this summer, with his mother. He’s 20 now, and is fine with us using his name. He told us that in solitary, he felt like an animal: “They open the flap, feed me and close it.” In his cell, he began talking to himself. And now, five years later, “I still talk to myself a little bit just because that’s what I did for so long.” When we talked with him, he tapped on his phone and pulled on his hair. His mother, Sharieka Frazier, said since his time in solitary, her son seems to need constant stimulation, from music, his phone, the television. “He’s probably struggling now,” she told us during the interview.
“Are you struggling?” she asked her son. “Are you OK?”
“OK, I’m just, I’m OK, mama,” he told her, dropping his head into his palm.
Chapter 6: “There Were No Concerns”
In the immediate aftermath of the arrests at Hobgood Elementary, the Murfreesboro police chief promised an internal investigation. By year’s end, the department had finished its report.
The officer who bailed before the arrests got a one-day suspension. So did the sergeant in charge of school resource officers. Three other supervisors also were disciplined: the sergeant, lieutenant and major who had not stepped in, even as Officer Williams called them from the assistant principal’s office, raising the alert. Each received a reprimand.
As for Templeton, who had initiated the arrests, the department made one finding: Her work had been “unsatisfactory.” She received a three-day suspension — her 10th suspension in 15 years — then kept working.
She retired in 2019 and, according to her LinkedIn profile, is now a life coach and member of Mary Kay, a multilevel marketing company that sells cosmetics.
Nashville police also participated in this investigation, to produce an external report with recommendations. Together, the two police departments delved into one of the case’s biggest missteps: the use of a charge that doesn’t exist.
The district attorney for Rutherford County confirmed to the police investigators that there’s no such crime as “criminal responsibility.” “You should never, ever see a charge that says defendant so-and-so is charged with criminal responsibility for the act of another. Period,” he said.
The investigators interviewed 13 police officers, four school officials, two prosecutors and a pastor. But two people refused to be interviewed: Amy Anderson and Sherry Hamlett, the two judicial commissioners.
They “failed to cooperate,” a Nashville sergeant wrote. “This is unfortunate. … Important information could have been obtained.” In his recommendations, the sergeant wrote that it’s “worth considering” whether police should give more weight to advice from prosecutors than judicial commissioners.
Hamlett was reappointed as a judicial commissioner in 2017, Anderson in 2019.
Their personnel files include no mention of this case.
All 11 children arrested over the fight captured on video sued in federal court. Defendants included the city of Murfreesboro, Rutherford County and various police officers.
At least six of the 11 children had been handcuffed. The four who were locked up spent twice as many days in jail, collectively, as Templeton did on suspension.
Starting in 2017, all 11 children received settlements, for a combined $397,500. For at least five children, some money was earmarked for counseling.
Rutherford County also faced the class action accusing it of illegally arresting and jailing children.
In January 2017, Davenport arrived at a law firm to be questioned by the lawyers for E.J. and so many other children.
Kyle Mothershead, a specialist in civil rights cases, deposed her. He knew about Davenport’s strict dress code — and he made sure to flout it. He wore blue jeans and a white button-down shirt, untucked. He later told us he was thinking, “I am going to fucking spit in her eye and come in all casual and take her off her little throne.”
Mothershead asked Davenport if she ever kept tabs on the number of kids detained.
“That’s not my job is to know statistics,” Davenport said.
Mothershead asked if she’d ever consulted with Duke about the filter system.
Not that she could recall, Davenport said, adding, “I don’t micromanage her.”
Mothershead asked about Davenport’s orders to law enforcement to take children to the detention center upon arrest.
“Because that’s our process,” Davenport said.
“OK. But I just want to make sure that we’re clear,” Mothershead said. “So — so that — that’s your process because you personally have ordered that process into existence?”
“From the orders, apparently so. Yes.”
In May 2017, a federal judge ordered the county to stop using its filter system, saying it “departs drastically” from ordinary standards. By being subjected to “illegal detention,” he wrote, “children in Rutherford County are suffering irreparable harm every day.”
This year, in June, Rutherford County settled the class action, agreeing to pay up to $11 million. Individual payouts figure to be around $1,000 for each claim of wrongful arrest and about $5,000 for each claim of unlawful detention. The county, as part of the settlement, “denies any wrongdoing in any of the lawsuits filed against it.”
With the end of the filter system, Rutherford County now jails fewer of its kids than before.
But that doesn’t mean its jail is ramping down. Quite the opposite. The jail keeps adding staff. Mark Downton, one of E.J.’s attorneys, says the county has “shifted gears.” Forced to stop jailing so many of its own children, Rutherford County ramped up its pitch to other places, to jail theirs.
The county has created a marketing video titled “What Can the Rutherford County Juvenile Detention Center Do For You?” Over saxophone music and b-roll of children in black-and-white striped uniforms, Davenport narrates. She touts the center’s size (43,094 square feet), employees (“great”), access to interstates (I-24, I-65, I-40) and number of cells, which she refers to as “single occupancy rooms.” “Let us be your partner for the safe custody and well-being of the detained youth of your community,” Davenport says.
Thirty-nine counties now contract with Rutherford, according to a report published this year. So does the U.S. Marshals Service.
How did Rutherford County get away with illegally jailing kids for so long?
The Tennessee Department of Children’s Services licenses juvenile detention centers. But its inspectors didn’t flag Rutherford County’s illegal filter system, which was right there, in black and white. We collected nine inspection reports from when Duke put the system in until a federal judge ordered it out. Not once did an inspector mention the jail’s process for deciding which kids to hold. “There was very little graffiti,” an inspector wrote in 2010. “Neat and clean,” the same inspector wrote in 2011, 2013 and 2014. Two inspection reports in 2016 said, “There were no concerns regarding the program or staff at the detention center.”
We requested an interview with the department’s longtime director of licensing, to ask how inspectors could miss this. The department refused to make him available.
The state’s failures don’t end there.
Tennessee’s Administrative Office of the Courts collects crucial data statewide. In 2004, the consultant hired by Rutherford County used that data to sound an alarm: Rutherford County was locking up kids at more than three times the state average.
But then, Rutherford County stopped reporting this data. From 2005 to 2009, the county had 11,797 cases of children being referred to juvenile court. How many were locked up? The county claimed to have no idea. “Unknown,” it reported, for 90% of the cases. The county’s data, now meaningless, couldn’t be used against it.
Later, when the county resumed reporting how many kids it detained, lawyers representing children sounded a second alarm. By 2014, the county was locking up children at nearly 10 times the state average. But then the state stopped publishing its annual statistical report, which had provided the statewide comparison points that allowed troubling outliers to be spotted.
In 2017, a state task force on juvenile justiceconcluded that Tennessee’s “data collection and information sharing is insufficient and inconsistent across the state.” This “impedes accountability,” it reported. The following year, a state review team reported that without good data, “the state cannot identify trends.” The team recommended creating a statewide case management system with real-time, comprehensive data. But that hasn’t happened.
We sent written questions to Tennessee’s Administrative Office of the Courts, asking why it stopped publishing the annual statistical report and about the data gaps. The office’s spokesperson didn’t answer.
While Rutherford County’s filter system was ultimately flagged (by lawyers, not through oversight), it is only one illegal system under one juvenile court judge. With Tennessee’s inadequate inspections and data, there could be trouble in any of the state’s other 97 juvenile courts, without any alarms being sounded.
In Rutherford County, Davenport still runs juvenile court, making $176,000 a year. (She’s up for reelection next year, and has previously said she’d like to run for another eight-year term.) Duke still runs the juvenile detention center, earning $98,000. And the system as a whole continues to grow.
In 2005, the budget for juvenile services, including court and detention center staff, was $962,444. By 2020 it had jumped to $3.69 million.
Earlier this year, Davenport went before the county commission’s public safety committee. “I come to you this year with a huge need,” she said. By now she had two full-time magistrates and another who worked part time. Davenport said she wanted an additional full-time magistrate. And another secretary. She wanted to increase her budget by 23%.
She also wanted to expand the system’s physical footprint. A small school in the same building was closing, so Davenport proposed converting classrooms into an intake room and a courtroom.
The commissioners gave Davenport’s budget request a favorable recommendation. Their vote was unanimous.
During the meeting, one commissioner, Michael Wrather, took a moment to express his admiration for the judge.
“I have said this for years and years,” Wrather told Davenport. “If we have a judge that has a box in the courtroom with belts in it, that requires young people to put a belt on and hold their pants up in a courtroom, I’m all for it.”
“Thank you, sir,” Davenport said.
We’re planning to continue reporting on the juvenile justice system in Rutherford County and elsewhere in Tennessee. If you have any stories that you’d like to share, please get in touch. Meribah Knight’s email address is email@example.com, and Ken Armstrong’s is firstname.lastname@example.org.
This could also be titled, “How Imminent Domain was used as a tool to steal Black land ownership”.
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.
“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.”
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.”
“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.”
“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.”
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.
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.
The Legacy of Racism
Black, Native American and Fighting for Recognition in Indian Country
Sept. 8, 2020
How America’s Vast Racial Wealth Gap Grew: By Plunder
On Long Island, a Beachfront Haven for Black Families
Oct. 1, 2020
A Black Police Officer Is Reinstated, 121 Years Later
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
By Francine Uenuma
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.
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.
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.
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.
“Black Nationalism in the United States: From Malcolm X to Barack Obama”
Dr. James Lance Taylor
To some, Black nationalism is now characterized as an outdated political strategy? Or, as Dr. James Taylor argues in his rich, sweeping analysis, a logical response to the failure of post–civil rights politics?
Taylor offers a provocative assessment of the contemporary relevance and interpretation of black nationalism as both a school of thought and a mode of mobilization. Fundamental to his analysis is the assertion that black nationalism should be understood not simply as a separatist movement—the traditional conception—but instead as a common-sense psychological orientation with long roots in US political history. Providing entirely new lines of insight and analysis, his work ranges from the religious foundations of Black political ideologies to the nationalist sentiments of today’s hip-hop generation.
Chair, Department of Politics, former President of the National Conference of Black Political Scientists (NCOBPS), an important organization of African American, African, and Afro Caribbean political scientists in the United States, 2009-2011.
Professor James Lance Taylor is from Glen Cove, Long Island. He is the author of the book ck Nationalism in the United States: From Malcolm X to Barack Obama, which earned 2012 “Outstanding Academic Title” – Choice: Current Reviews for Academic Libraries. (Ranked top 2 percent of 25,000 books submitted and top 8 percent of 7,300 actually accepted for review by the American Library Association). Rated “Best of the Best.” The hardback version sold out in the U.S. and the paperback version was published in 2014.
He is a former President of the National Conference of Black Political Scientists (NCOBPS), an important organization of African American, African, and Afro Caribbean political scientists in the United States, 2009-2011. Taylor also served as Chair of the Department of Politics at the University of San Francisco from 2012-2015, and Faculty Coordinator of the African American Studies Program for 2015-2017. He served as the Chair for the “Committee on the Status of Blacks” in Political Science for the American Political Science Association (APSA), 2016-2017.
Professor Taylor is currently writing and researching a book with the working title, Peoples Temple, Jim Jones, and California Black Politics. He expects the book to be completed with a 2018-2019 publication range. The book is a study of the Peoples Temple movement and African American political history in the state of California.
He co-edited and published in Something’s in the Air: Race and the Legalization of Marijuana, with Katherine Tate (UC Irvine) and Mark Sawyer (UCLA), focusing on controversies concerning race, social justice, and marijuana legalization in the state of California.
Prof. Taylor has published articles on subjects such as Father Divine’s International Peace Mission Movement, Dr. Betty Shabazz (wife of Malcolm X), Dr. Benjamin Chavis (then, Muhammad), Dr. Martin Luther King, Jr., “Black Nationalism,” The post-9/11 relationship of Muslims in Northern California and the United States to Black Social and Political History, San Francisco Sun Reporter publisher Dr. Carlton B. Goodlett, and on the Peoples Temple Movement in Northern and Southern California.
These works have been published by Harvard University Press and Oxford University Press, Baylor University Press, the State University of New York University Press (SUNY), San Diego State University (Jonestown Institute), and The University Press of Mississippi, and leading independent academic publishers.
Prof. Taylor’s scholarship internationally was acknowledged through his Keynote invitation at the 2014 National Indigenous Studies Conference (AIATSIS) in Canberra, Australia, where he presented the lecture, “Taking Intercommunalism Seriously: Black Power, Indigeneity, and Peoples’ Struggles for Recognition and Anti-Racist Democracy.”
He has taught previously as a Visiting Associate Professor of political science at Saint Louis University in Madrid, Spain and political science and African American and African Diaspora Studies at the University of California, Berkeley.
His most recent published article is “King the Sellout or Sellin’ Out King?”: Hip Hop’s Martin Luther King,” in Dream and Legacy: Martin Luther King, Jr. in the Post-Civil Rights era (2017).
Demand for Prof. Taylor’s political analysis, expertise, and opinion has been sought internationally by leading media organizations in Dublin, Ireland, Canberra, Australia, Toronto, Canada, and London, England. He serves as a political commentator on San Francisco, U.S national, California, and U.S. Black politics on behalf of the University of San Francisco’s Media Relations Office and appears regularly on San Francisco News TV with KRON 4, FOX KTVU local, and ABC 7. He is a frequent guest on NPR/KQED with Michael Krasny and other programs and has appeared counting so far eight times at the California Commonwealth Club in San Francisco alongside leading figures in law, media, and politics.
In 2015, Prof. Taylor addressed hundreds of California Law Enforcement Officers at the International Institute of Criminal Justice Leadership in San Francisco (USF) on the topic of “The Black Lives Matter Movement” and Law Enforcement and currently serves as a committee member for two Executive Level committees (Bias and Community Engagement) (SFPD Command Staff level) for the Mayor’s Office of San Francisco and the San Francisco Police Commission’s mandates to implement the Obama Department of Justice Findings and Recommendations on the operations of the San Francisco Police Department.
Prof. Taylor also served as moderator for two public comment and town hall events on behalf of the San Francisco Human Rights Commission, San Francisco Police Department, and the San Francisco Police Commission on the policy consideration of implementing Conducted Energy Devices (CEDs), also known as tasers in 2017. He has also served as a policy consultant for the San Francisco Human Rights Commission and the San Francisco Board of Supervisors.
The San Francisco Museum of the African Diaspora (MOAD) and California Historical Society, the Hayward Black Historical Society, and many local community groups and organizations call on Taylor’s expertise in his fields. He has given public lectures at Northwestern University, The Ohio State University, Stanford University, University of California, Berkeley, and DePauw University (Indiana).
Prof. Taylor is Vice President of the San Francisco Achievers Scholarship non-profit on behalf of African American males graduating from the San Francisco Unified School District.
His teaching and research scholarly interests are in religion and politics in the United States, race and ethnic politics, African American political history, social movements, political ideology, law and public policy, Black political leadership, and the U.S. Presidency. He lives with his family in Oakland, California.
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 ProPublicanotes 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.
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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.”
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.”
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.”
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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.
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.