A faction of the right believes America has been riven into two countries. The Claremont Institute is building the intellectual architecture for whatever comes next.
. . . As Donald Trump rose to power, the Claremont universe—which sponsors fellowships and publications, including the Claremont Review of Books and The American Mind—rose with him, publishing essays that seemed to capture why the president appealed to so many Americans and attempting to map a political philosophy onto his presidency. Williams and his cohort are on a mission to tear down and remake the right; they believe that America has been riven into two fundamentally different countries, not least because of the rise of secularism. “The Founders were pretty unanimous, with Washington leading the way, that the Constitution is really only fit for a Christian people,” Williams told me. It’s possible that violence lies ahead. “I worry about such a conflict,” Williams told me. “The Civil War was terrible. It should be the thing we try to avoid almost at all costs.”
That almost is worth noticing. “The ideal endgame would be to effect a realignment of our politics and take control of all three branches of government for a generation or two,” Williams said. Trump has left office, at least for now, but those he inspired are determined to recapture power in American politics. My conversation with Williams has been condensed and lightly edited for clarity.
We all witnessed how whiteness protects white criminals at the nation’s Capitol Building and in DC. Law enforcement and the judiciary operate from principles that are formed from the public perspective of who should be arrested, charged, and prosecuted. For this reason, 100s of criminals were able to break the law and breach the building, and will not face the consequences. We all know what Black people would have faced under the same circumstances. Whiteness is a protection.
– Janice
In a controversial 1975 article, titled “White Racism, Black Crime, and American Justice,” criminologist Robert Staples argued that discrimination pervades the justice system. He said the legal system was made by white men to protect white interests and keep Blacks down. (At the time this was received as “outlandish and untrue”). Staples charged that the system was characterized by second-rate legal help for Black defendants, biased jurors, and judges who discriminate in sentencing. No matter, study after study demonstrates how extreme racial disparities address for Blacks in the judicial system, no matter the income strata or available resources.
Unwarranted disparity is defined as different treatment of individual offenders who are similar in relevant ways, or similar treatment of individual offenders who differ in characteristics that are relevant to the purposes of charging and sentencing. Whiteness is honored, it is protected and it blinds much of the judicial process. We can no longer deny, racial disparities exist because the system protects whiteness for the most part. It is clear that in sentencing especially, “departure” from the guidelines is reserved for mostly whites, and rarely extended to Blacks. Fair sentencing is individualized sentencing and it is mostly decided by people who value whiteness, having a value system of what crimes are punishable with distinct stereotyping of criminals.
Our guest, Professor Jennifer Taub, in her book, “Big Dirty Money” suggests we first attempt to measure white-collar crime as a whole. Then we need to measure the harm to victims in terms that go beyond the economic costs. She points out that “The wealthy have the resources either to exert political influence or become lawmakers themselves”. But Taub explicitly and persuasively places the breakdown of enforcement and accountability in the context of money and class.
What happens when a group of wealthy bankers fraudulently bring foreclosures on an entire class of people, as they did after the crash of 2008? Unlike a loss of, say, $210, the loss of a person’s home affects their life and well-being in ways that cannot be assigned a dollar amount. Thousands of people have spent the years since the recession uprooted from their communities. Taub posits that “the elite class had the power to define what was criminal.”
What happens when the President of the United States pardons criminals who have violated security, foreign interference, sedition, and treason laws? Trump is a stark illustration of why so few wealthy malefactors are held accountable. Like other members of the .01 percent, he can act with seeming impunity, able to buy or influence his way out of trouble. He empathizes with rich people who run afoul of the law. He minimizes their guilt, suggesting white-collar crimes aren’t really crimes, especially when the accused are white men, as the vast majority of all rich white-collar criminals are. Yet Trump is a symptom, not the cause. What happens when white politicians create laws to intentionally suppress and violate voters? How can we measure the social and political costs of mass dispossession because the defendant and violator are protected by a cloud of whiteness?
We will talk with Professor Taub who clearly articulates in her book, the cause and effect of white-collar crime “blinded by the whiteness” that plagues the judicial system. Leaving white-crime bosses to their devices operated by their money and “white card”.
ABOUT Jennifer Taub, Esq.
Her newest book is, Big Dirty Money: The Shocking Injustice and Unseen Cost of White Collar Crime (Viking). Taub was a co-founder and organizer of the April 15, 2017 Tax March where more than 120,000 people gathered in cities nationwide to demand President Donald Trump release his tax returns. She is a professor of law at the Western New England University School of Law where she teaches Civil Procedure, White Collar Crime, and other business and commercial law courses, and was the Bruce W. Nichols Visiting Professor of Law at Harvard Law School during the fall 2019 semester. She formerly was a professor at Vermont Law School.
An authority on the 2008 mortgage meltdown and related financial crisis, Taub is also an emerging expert in white collar crime. In addition to Big Dirty Money, she is co-author with the late Kathleen Brickey of Corporate and White Collar Crime: Cases and Materials, 6th edition (Wolters Kluwer 2017). Relatedly, she has appeared on cable news programs including MSNBC’s Morning Joe and CNN Newsroom to discuss the Special Counsel investigation into links between Russia and the Trump presidential campaign.
In the area of banking and financial market regulation, Taub’s book Other People’s Houses: How Decades of Bailouts, Captive Regulators, and Toxic Bankers Made Home Mortgages a Thrilling Business was published in May 2014 by Yale University Press. Recognized as accessible and informative, OPH was honored by the Massachusetts Center for the Book as one of the 2015 finalists in the nonfiction category. Other People’s Houses was favorably mentioned by Nobel Laureate, Robert Shiller in his 2015 edition of Irrational Exuberance. Taub testified as an expert before the United States Senate Banking Committee and a United States House Financial Services Subcommittee. She also co-organized a conference and co-lead a panel discussion at the Financial Stability Law Workshop at the U.S. Treasury Department, hosted by the Office of Financial Research.
In addition to Other People’s Houses, Taub has written extensively on the financial crisis. Her publications include “The Sophisticated Investor and the Global Financial Crisis” in the peer-reviewed Corporate Governance Failures (UPenn Press, 2011) and a case study on AIG in Robert A. G. Monks and Nell Minow’s fifth edition of Corporate Governance (Wiley, 2011). In response to Roberta Romano, she presented and wrote “Regulating in the Light: Harnessing Political Entrepreneurs’ Energy for Post-Crisis Sunlight Hearings” (St. Thomas L. Rev. 2015). Additional works include the chapter “Delay, Dilutions, and Delusions: Implementing the Dodd-Frank Act” in Restoring Shared Prosperity (2013) and “What We Don’t Talk About When We Talk About Banking,” in the Handbook on the Political Economy of the Financial Crisis (Oxford, 2012). She wrote entries on “Shadow Banking” and “Financial Deregulation” for the Oxford Encyclopedia of American Business, Labor and Economic History (Oxford, 2013) and the chapter “Great Expectations for the Office of Financial Research,” in Will it Work? How Will We Know? The Future of Financial Reform (2010). In addition, she has published Reforming the Banks for Good in Dissent (2014). Her article, “The Subprime Specter Returns: High Finance and the Growth of High-Risk Consumer Debt,” was published in the New Labor Forum (2015). And, she recently wrote a book chapter on “New Hopes and Hazards for Social Investment Crowdfunding” in Law and Policy for a New Economy (Edward Elgar, 2017).
Taub’s corporate governance work often focuses on the role of institutional investors, including mutual funds. Her article “Able but Not Willing: The Failure of Mutual Fund Advisers to Advocate for Shareholders’ Rights,” published in the Journal of Corporation Law (2009) was presented at a conference jointly sponsored by the Millstein Center for Corporate Governance and the Oxford Said Business School. Her article “Managers in the Middle: Seeing and Sanctioning Corporate Political Spending after Citizens United” was presented at the Brennan Center for Justice at NYU and later published in the NYU Journal of Legislation and Public Policy (2012). Taub’s article, “Is Hobby Lobby a Tool for Limiting Corporate Constitutional Rights,” was presented at Harvard Law School and later published in a symposium issue of Constitutional Commentary in 2015 on Money, Politics, Corporations, and the Constitution (2015).
Taub has also ventured into the area of legal education and pedagogy. This includes her article “Unpopular Contracts and Why They Matter: Burying Langdell and Enlivening Students,” published in the Washington Law Review (2013). She is a co-author with Martha McCluskey and Frank Pasquale of “Law and Economics: Contemporary Approaches,” published in Yale Law & Policy Review (2016). With McCluskey and Pasquale, Taub is a co-founder of APPEAL (the Association for the Promotion of Political Economy and the Law), a research network linking economists, legal scholars, and policy makers concerned with inequality and instability who view markets and the government as mutually constituted. She has also developed a model syllabus for a course on Financial Stability.
In 2017, Taub received the Vermont Law School, Women’s Law Association Phenomenal Woman Award in the faculty category. She also served as chair of the Section on Financial Institutions and Consumer Financial Services for the 2017 AALS annual meeting. Prior to joining academia, Taub was an associate general counsel with Fidelity Investments. She received her BA degree, cum laude, from Yale University, with distinction in the English major, and her JD, cum laude, from Harvard Law School where she was the Recent Developments Editor at the Harvard Women’s Law Journal. She was a visiting professor at the University of Illinois College of Law for a short course in 2015 and a visiting fellow at the Yale School of Management during the 2016 spring semester. She was a visiting professor at the University of Connecticut School of Law during the 2019 spring semester.
Taub has written pieces for a variety of platforms including The Washington Post, CNN opinion page, Slate, the New York Times Dealbook, Dame Magazine, The Baseline Scenario, Race to the Bottom, Pareto Commons, The Conglomerate, and Concurring Opinions.
This story contains videos that viewers may find disturbing.
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As supporters of President Donald Trump took part in a violent riot at the Capitol, users of the social media service Parler posted videos of themselves and others joining the fray. ProPublica reviewed thousands of videos uploaded publicly to the service that were archived by a programmer before Parler was taken offline by its web host. Below is a collection of more than 500 videos that ProPublica determined were taken during the events of Jan. 6 and were relevant and newsworthy. Taken together, they provide one of the most comprehensive records of a dark event in American history through the eyes of those who took part. Read more: Why We Published Hundreds of Videos Taken by Parler Users of the Capitol Riots | Inside the Capitol Riot: What the Parler Videos Reveal
Videos are ordered by the time they were taken. Scroll down to start watching or click on the timeline to jump to any point in the day.
The violent insurrection by domestic terrorists last week at the U.S. Capitol was not Black people’s fight.
But make no mistake: It was all about Black people. Because white supremacy is about Black people.
The Oxford dictionary defines white supremacy as “the belief that white people constitute a superior race and should therefore dominate society, typically to the exclusion or detriment of other racial and ethnic groups, in particular Black or Jewish people.”
What else explains how people can think it’s perfectly within their rights to try to overthrow the government because their guy didn’t win?
But it was about more than an election. President Donald Trump exhorted the armed, angry and violent extremists to “fight like hell, or you’re not going to have a country anymore.” The mob went through with their plans, breaking into the Capitol with crowbars, sledgehammers and ropes, destroying property, assaulting Americans, taking selfies, gleefully posting on social media, waving Confederate flags in the Capitol vestibule,beating a police officer to death, and fully expecting to walk out with impunity. In case those actions didn’t tell the story enough, they wore Camp Auschwitz shirts and other racist and anti-Semitic branding, and hung a noose.
Had the foaming mobs gotten their hands on a member of Congress, God only knows what could have happened.
The assault on our democracy was a culmination of what the supremacists see as a larger threat: the election of Joe Biden and Kamala Harris, the first Black, Asian and female vice president. It was an election decided, in large part, by Black voters, turning out in large cities with Black populations, such as Philadelphia, Milwaukee, Detroit and Atlanta. Not coincidentally, those were the cities where Trump sought to strip electoral votes from.
State-sanctioned racial violence to keep Black people from attaining power is nothing new. After all, wasn’t that what the Civil War was about? Black voter suppression has always been embedded into our democracy’s shameful history.
You don’t need to look any further than Philadelphia. Octavius Catto, Black American educator and activist was on his way to vote in 1871 when he was murdered by a white man who opposed Catto’s politics and very existence. The murderer was not charged, and the police were later found to be aiding and abetting the mob to keep Black people from voting.
Temple University professor and Philly civil rights attorney Timothy Welbeck spoke with WHYY’s Annette John-Hall about white supremacy and the deadly U.S. Capitol siege.
Suppression through violence and intimidation continued throughout history: States employed tactics such as poll taxes, literacy tests and grandfather clauses, all to keep Black people from voting. In 1920, a Florida mob of white men, aided by the Ku Klux Klan, massacred as many as 50 Black people on Election Day, because a single Black man was intent on casting his ballot.
It took civil rights activists marching in the streets — some sacrificing their lives — to force Congress to enact the Voting Rights Act only 55 years ago, which was supposed to ensure that cherished right.
But even today, voting rights are under attack through restrictions of voter ID laws and polling place shutdowns.
“When you look at every portion of American history where we’ve made gains toward easing some of the burdens of that oppression, we’ve seen some type of violent backlash,” said Timothy Welbeck, a Philadelphia civil rights attorney and Temple University professor. “And because of the history of Black voter disenfranchisement in this country, I guess that allowed some whites to think that the election was rigged, even though it was fair and free.”
So, when we watched in horror as the orgy of violence unfolded at the Capitol, well, I was shocked. But I couldn’t say I was surprised.
Yes, Trump has been impeached for the second time, but it doesn’t stop there.
White supremacy will always rear its ugly head. We’ve seen it take all kinds of forms in these dangerous times. It comes in the defiant refusal of folks to mask up during a global pandemic because, well, their personal freedom is at stake, never mind they’re putting their fellow citizens in harm’s way, particularly people of color. It comes not only from far-right extremists living in rural communities, but in suit-wearing CEOs, cops, teachers, real estate agents, nurses, military men and women and even a gold-medal Olympian.
It comes from lawmakers, too. And now we’re learning it might even come from right inside of Congress, from the very people who took a vow to uphold our democracy.
The images from Wednesday’s coup attempt will be seared into people’s memories. Terrorists stormed Capitol Hill and incited a riot that resulted in five deaths, including the killing of a Capitol Police officer who physically engaged with rioters as he attempted to secure the building. The mob of Trump’s supporters endangered the lives of thousands as they flew the Confederate flag – a symbol of racism and violence that did not even enter the halls of Congress during the Civil War. This attempted coup on our democracy comes as no surprise. White nationalist groups have been energized by Trump since he was a presidential candidate.
This nationally coordinated coup attempt revealed highly organized networks of white supremacist organizations, extending beyond the Capitol and into statehouses around the U.S. that have been the target of protests. Unsurprisingly, statehouses in the South – a region with high populations of communities of color – have been particularly targeted. These hate groups, emboldened by the president, pose a direct threat to the lives of millions of Black and Indigenous people, as well as other people of color around the country. They will not go away after President-elect Joe Biden’s inauguration.
For years, many of the domestic terrorists that breached, attacked, and mobbed the US government have been issued invitations from the highest level of government, including a mob boss President, to be present. Remember Trump’s words, “Stand Back and Stand By” ? On January 6th, they accepted those invitations. We were warned. Black people warned this nation that they were coming. And now, there is a disingenuous apology tour by the very people who sent those invitations requiring an RSVP.
“I’ll Be Listening for You”
Janice
ABOUT OUR GUESTS THIS WEEK
Makani Themba, an OUR COMMON GROUND Voice since 2009.
Makani Themba, Chief Strategist at Higher Ground Change Strategies
Makani Themba is Chief Strategist at Higher Ground Change Strategies based in Jackson, Mississippi. A social justice innovator and pioneer in the field of change communications and narrative strategy, she has spent more than 20 years supporting organizations, coalitions and philanthropic institutions in developing high impact change initiatives. Higher Ground Change Strategies provides her the opportunity to bring her strong sense of history, social justice and organizing knowledge, and deft movement facilitation skills in support of change makers seeking to take their work to the next level. Higher Ground helps partners integrate authentic engagement, systems analysis, change communications and more for powerful, vision-based change.
Previously, Makani served as the founder and executive director of The Praxis Project, a nonprofit organization helping communities use media and policy advocacy to advance health justice. Under her leadership, The Praxis Project raised more than $20 million for advocacy organizations working in communities of color and provided training and technical assistance to hundreds of organization and public agencies nationwide. These initiatives include Communities Creating Healthy Environments (C-CHE), an initiative of the Robert Wood Johnson Foundation to support policy advocacy to advance healthy food outlets and safe places to play in communities of color and Building Capacity Building Power, a partnership with Ford Foundation to support grassroots civic engagement and Policy Advocacy on Tobacco and Health (PATH)
Makani is a highly sought-after public speaker, capacity builder, and trusted facilitator. Her publications have helped set the standard for policy advocacy work and contributed significantly to the field of public health’s current emphasis on media and policy advocacy to address root causes of health problems.
Makani has published numerous articles and case studies on race, class, media, policy advocacy and public health. She is co-author of Media Advocacy and Public Health: Power for Prevention, a contributor to the volumes We the Media, State of the Race: Creating Our 21st Century, along with many other edited book projects. Makani was chosen as one of “Ten Black Thinkers” asked to comment on Black conditions as part of the NAACP Crisis magazine’s 60th anniversary commemoration of the landmark article What the Negro Wants. She is author of Making Policy, Making Change, and she has also co-authored with Hunter Cutting Talking the Walk: Communications Guide for Racial Justice and Fair Game: A Strategy Guide for Racial Justice Communications in the Obama Era (under The Praxis Project).
Dr. James Lance Taylor, an OUR COMMON GROUND VOICE
since 2013
Dr. James Lance Taylor, Ph.D.
Professor James Lance Taylor is the Chair of the Department of Politics at the University of San Francisco and is from Glen Cove, Long Island. He is author of the book “Black 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 Coordinator of the African American Studies Program for 2015-2017 at the University of San Francisco. 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.
“No One Took Us Seriously”: Black Cops Warned About Racist Capitol Police Officers for Years
Allegations of racism against the Capitol Police are nothing new: Over 250 Black cops have sued the department since 2001. Some of those former officers now say it’s no surprise white nationalists were able to storm the building.
U.S. Capitol Police officers scuffle with insurrectionists after they breached security fencing on Jan. 6. (Graeme Sloan/Bloomberg via Getty Images)
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When Kim Dine took over as the new chief of the U.S. Capitol Police in 2012, he knew he had a serious problem.
Since 2001, hundreds of Black officers had sued the department for racial discrimination. They alleged that white officers called Black colleagues slurs like the N-word and that one officer found a hangman’s noose on his locker. White officers were called “huk lovers” or “FOGs” — short for “friends of gangsters” — if they were friendly with their Black colleagues. Black officers faced “unprovoked traffic stops” from fellow Capitol Police officers. One Black officer claimed he heard a colleague say, “Obama monkey, go back to Africa.”
In case after case, agency lawyers denied wrongdoing. But in an interview, Dine said it was clear he had to address the department’s charged racial climate. He said he promoted a Black officer to assistant chief, a first for the agency, and tried to increase diversity by changing the force’s hiring practices. He also said he hired a Black woman to lead a diversity office and created a new disciplinary body within the department, promoting a Black woman to lead it.
“There is a problem with racism in this country, in pretty much every establishment that exists,” said Dine, who left the agency in 2016. “You can always do more in retrospect.”
Whether the Capitol Police managed to root out racist officers will be one of many issues raised as Congress investigates the agency’s failure to prevent a mob of Trump supporters from attacking the Capitol while lawmakers inside voted to formalize the electoral victory of President-elect Joe Biden.
Already, officials have suspended several police officers for possible complicity with insurrectionists, one of whom was pictured waving a Confederate battle flag as he occupied the building. One cop was captured on tape seeming to take selfies with protesters, while another allegedly wore a red “Make America Great Again” hat as he directed protesters around the Capitol building. While many officers were filmed fighting off rioters, at least 12 others are under investigation for possibly assisting them.
Two current Black Capitol Police officers told BuzzFeed News that they were angered by leadership failures that they said put them at risk as racist members of the mob stormed the building. The Capitol Police force is only 29% Black in a city that’s 46% Black. By contrast, as of 2018, 52% of Washington Metropolitan police officers were Black. The Capitol Police are comparable to the Metropolitan force in spending, employing more than 2,300 people and boasting an annual budget of about a half-billion dollars.
The Capitol Police did not immediately respond to questions for this story.
Sharon Blackmon-Malloy, a former Capitol Police officer who was the lead plaintiff in the 2001 discrimination lawsuit filed against the department, said she was not surprised that pro-Trump rioters burst into the Capitol last week.
In her 25 years with the Capitol Police, Blackmon-Malloy spent decades trying to raise the alarm about what she saw as endemic racism within the force, even organizing demonstrations where Black officers would return to the Capitol off-duty, protesting outside the building they usually protect.
The 2001 case, which started with more than 250 plaintiffs, remains pending. As recently as 2016, a Black female officer filed a racial discrimination complaint against the department.
“Nothing ever really was resolved. Congress turned a blind eye to racism on the Hill,” Blackmon-Malloy, who retired as a lieutenant in 2007, told ProPublica. She is now vice president of the U.S. Capitol Black Police Association, which held 16 demonstrations protesting alleged discrimination between 2013 and 2018. “We got Jan. 6 because no one took us seriously.”
Retired Lt. Frank Adams sued the department in 2001 and again in 2012 for racial discrimination. A Black, 20-year veteran of the force, Adams supervised mostly white officers in the patrol division. He told ProPublica he endured or witnessed racism and sexism constantly. He said that before he joined the division, there was a policy he referred to as “meet and greet,” where officers were directed to stop any Black person on the Hill. He also said that in another unit, he once found a cartoon on his desk of a Black man ascending to heaven only to be greeted by a Ku Klux Klan wizard. When he complained to his superior officers, he said he was denied promotions and training opportunities, and suffered other forms of retaliation.
In an interview, he drew a direct line between racism in the Capitol Police and the events that unfolded last week. He blamed Congress for not listening to Black members of the force years ago.
“They only become involved in oversight when it’s in the news cycle,” said Adams, who retired in 2011. “They ignored the racism happening in the department. They ignored the hate.”
The department’s record in other areas of policing have drawn criticism as well.
In 2015, a man landed a gyrocopter on the Capitol lawn — top officials didn’t know the airborne activist was coming until minutes before he touched down. In 2013, when a lone gunman opened fire at the nearby Navy Yard, killing 12 people, the Capitol Police were criticized for standing on the sidelines. The force’s leadership board later determined its actions were justified.
Last month, days after a bloody clash on Dec. 12 between militant Trump supporters and counterprotesters, Melissa Byrne and Chibundu Nnake were entering the Capitol when they saw a strangely dressed man just outside the building, carrying a spear.
He was a figure they would come to recognize — Jacob Chansley, the QAnon follower in a Viking outfit who was photographed last week shouting from the dais of the Senate chamber.
They alerted the Capitol Police at the time, as the spear seemed to violate the complex’s weapons ban, but officers dismissed their concern, they said.
One officer told them that Chansley had been stopped earlier in the day, but that police “higher ups” had decided not to do anything about him.
We don’t “perceive it as a weapon,” Nnake recalled the officer saying of the spear.
Chansley told the Globe and Mail’s Adrian Morrow that Capitol Police had allowed him in the building on Jan. 6, which would normally include passing through a metal detector, although he was later charged with entering a restricted building without lawful authority, violent entry and disorderly conduct on Capitol grounds. As of Tuesday, he had not yet entered a plea.
QAnon follower Jacob Chansley screams “Freedom” inside the Senate chamber after the Capitol was breached by a mob on Jan. 6. (Win McNamee/Getty Images)
For Byrne and Nnake, their interactions with the “QAnon Shaman” on Dec. 14 highlighted what they perceive as double standards in how the Capitol Police interact with the public.
Like many people who regularly encounter the force, Nnake and Byrne said they were accustomed to Capitol officers enforcing rules aggressively — later that day, Nnake was told that he would be tackled if he tried to advance beyond a certain point. “As a Black man, when I worked on the Hill, if I forgot a badge, I couldn’t get access anywhere,” he told ProPublica.
Congress, which controls the agency and its budget, has a mixed record of oversight. For the most part, Congress has been deferential toward the force, paying attention to its workings only after serious security failures, and even then, failing to meaningfully hold its leaders accountable.
Rep. Eleanor Holmes Norton, a Democrat from D.C. who is a nonvoting member of Congress, told ProPublica she believes a national commission should be formed to investigate what occurred at the Capitol on Jan. 6, similar to what followed 9/11.
“Congress deserves some of the blame,” she told ProPublica. “We have complete control over the Capitol Police. … Long-term concerns with security have been raised, and they’ve not been dealt with in the past.”
The force has also suffered a spate of recent, internal scandals that may prove pertinent as Congress conducts its investigation.
Capitol Police officers accidently left several guns in bathrooms throughout the building in 2015 and 2019; in one instance, the loaded firearm was discovered by a small child.
The agency has been criticized for a lack of transparency for years. Capitol Police communications and documents are not subject to the Freedom of Information Act and, unlike many local law enforcement agencies, it has no external watchdog specifically assigned to investigate and respond to community complaints. The force has not formally addressed the public since the riot last week.
“All law enforcement is opaque,” said Jonathan M. Smith, executive director of the Washington Lawyers’ Committee for Civil Rights and Urban Affairs. “At least most local police departments are subject to some kind of civilian oversight, but federal police agencies are left to operate in the shadows.”
The agency’s past troubles have rarely resulted in reform, critics said.
After the April 2015 gyrocopter incident, Congress held a hearing to examine how 61-year-old postal worker and activist Doug Hughes managed to land his aircraft after he livestreamed his flight. Dozens of reporters and news cameras assembled in front of the Capitol to watch the stunt, which was designed to draw attention to the influence of money in politics. Capitol Police did not learn of the incoming flight until a reporter reached out to them for comment, minutes before Hughes landed.
Dine defended the force’s response to the incident, pointing out that Hughes was promptly arrested and no one was hurt.
Former Rep. Jason Chaffetz, a Republican from Utah, then the chairman of the Committee on Oversight and Government Reform, harshly criticized the department and other federal agencies for what he perceived as an intelligence failure.
“The Capitol Police is terrible and pathetic when it comes to threat assessment,” Chaffetz told ProPublica in an interview. “They have a couple people dedicated to it, but they’re overwhelmed. Which drives me nuts. … It’s not been a priority for leadership, on both sides of the aisle.” He said he is not aware of any serious changes to the force’s intelligence gathering following the debacle.
Norton, who also pressed Dine at the hearing, told ProPublica the intelligence lapses surrounding the gyrocopter landing should be considered a “forerunner” to last week’s riot.
“For weeks, these people had been talking about coming to the Capitol to do as much harm as they can,” Norton said. “Everyone knew it. Except the Capitol Police.” Reports show the force had no contingency plan to deal with an escalation of violence and mayhem at last week’s rally, even though the FBI and the New York Police Department had warned them it could happen.
Law enforcement experts said that the agency is in a difficult position. While it has sole responsibility for protecting the Capitol, it must work with other nearby federal law enforcement agencies, Washington’s Metropolitan Police and the National Guard in case of emergencies.
In an interview, Nick Zotos, a former D.C. National Guard commander who now works for the Department of Homeland Security, said that the roughly two dozen agencies responsible for public safety in Washington can cause territorial disputes, finger-pointing and poor communication.
“This is not a D.C. thing, necessarily, although it’s probably the worst in D.C.,” Zotos said. “Police departments just don’t play with each other nicely.”
Blackmon-Malloy told ProPublica that divisions within the Capitol Police could be just as dangerous, not only for Congress but for Black officers themselves. “Now you got to go to work on the 20th,” she told ProPublica, alluding to the inauguration. “And stand next to someone who you don’t even know if they have your back.”
We all witnessed how whiteness protects white criminals at the nation’s Capitol Building and in DC. Law enforcement and the judiciary operate from principles that are formed from the public perspective of who should be arrested, charged, and prosecuted. For this reason, 100s of criminals were able to break the law and breach the building, and will not face the consequences. We all know what Black people would have faced under the same circumstances. Whiteness is a protection. – Janice
In a controversial 1975 article, titled “White Racism, Black Crime, and American Justice,” criminologist Robert Staples argued that discrimination pervades the justice system. He said the legal system was made by white men to protect white interests and keep Blacks down. (At the time this was received as “outlandish and untrue”). Staples charged that the system was characterized by second-rate legal help for Black defendants, biased jurors, and judges who discriminate in sentencing. No matter, study after study demonstrates how extreme racial disparities address for Blacks in the judicial system, no matter the income strata or available resources.
Unwarranted disparity is defined as different treatment of individual offenders who are similar in relevant ways, or similar treatment of individual offenders who differ in characteristics that are relevant to the purposes of charging and sentencing. Whiteness is honored, it is protected and it blinds much of the judicial process. We can no longer deny, racial disparities exist because the system protects whiteness for the most part. It is clear that in sentencing especially, “departure” from the guidelines is reserved for mostly whites, and rarely extended to Blacks. Fair sentencing is individualized sentencing and it is mostly decided by people who value whiteness, having a value system of what crimes are punishable with distinct stereotyping of criminals.
Our guest, Professor Jennifer Taub, in her book, “Big Dirty Money” suggests we first attempt to measure white-collar crime as a whole. Then we need to measure the harm to victims in terms that go beyond the economic costs. She points out that “The wealthy have the resources either to exert political influence or become lawmakers themselves”. But Taub explicitly and persuasively places the breakdown of enforcement and accountability in the context of money and class.
What happens when a group of wealthy bankers fraudulently bring foreclosures on an entire class of people, as they did after the crash of 2008? Unlike a loss of, say, $210, the loss of a person’s home affects their life and well-being in ways that cannot be assigned a dollar amount. Thousands of people have spent the years since the recession uprooted from their communities. Taub posits that “the elite class had the power to define what was criminal.”
What happens when the President of the United States pardons criminals who have violated security, foreign interference, sedition, and treason laws? Trump is a stark illustration of why so few wealthy malefactors are held accountable. Like other members of the .01 percent, he can act with seeming impunity, able to buy or influence his way out of trouble. He empathizes with rich people who run afoul of the law. He minimizes their guilt, suggesting white-collar crimes aren’t really crimes, especially when the accused are white men, as the vast majority of all rich white-collar criminals are. Yet Trump is a symptom, not the cause. What happens when white politicians create laws to intentionally suppress and violate voters? How can we measure the social and political costs of mass dispossession because the defendant and violator are protected by a cloud of whiteness?
We will talk with Professor Taub who clearly articulates in her book, the cause and effect of white-collar crime “blinded by the whiteness” that plagues the judicial system. Leaving white-crime bosses to their devices operated by their money and “white card”.
ABOUT Jennifer Taub, Esq.
Jennifer Taub is a legal scholar and advocate, devoted to making complex business law topics engaging inside and outside of the classroom. Her research and writing focuses on corporate governance, banking and financial market regulation, and white collar crime. Similarly, her advocacy centers on “follow the money” matters –– promoting transparency and opposing corruption.
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.
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