“The Law” Is Not the Same for EVERYONE

         I have been anxious and unsettled as I have watched the events surrounding the former president and his friends as they have come to the realization that they will have to answer for what they have allegedly done wrong.

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            I have been in the process of trying to understand what “the law” is, what “law and order” really means, and in light of that, the definition of justice. I honestly do not understand how this nation or any nation, for example, can have a law or a constitution that allows a person who has been indicted for a number of offenses to run for any public office, especially the president of the United States. I am offended that he is being allowed …that “the law” is permitting him to run.

            Every time I hear that the former president is leading in the polls to become the Republican nominee for president, I literally shudder.

brown wooden tool on white surface

            When I compare the situation with the former president to situations involving other people who have done (or been indicted for) far less egregious offenses, my puzzlement – and perhaps a good amount of resentment – kicks in. I’ve been trying to understand what it is I want to say.

            And I finally got it. I heard a quote by a man named Frank Wilhoit, who said, “Conservatism consists of exactly one proposition, to wit: There must be in-groups whom the law protects but does not bind, alongside out-groups whom the law binds but does not protect.” 

  Although the statement is apparently attributed to the wrong Frank Wilhoit (there was an elder Wilhoit, a politician, to whom the statement is frequently attributed but it was actually spoken by a younger man, a musician, whose name is also Frank Wilhoit. (https://slate.com/business/2022/06/wilhoits-law-conservatives-frank-wilhoit.html) its power is the same. Justice under the law is not a given, notwithstanding this country’s claim to being “exceptional.”

            When I heard those words, it was like the lights went on in my mind. I realized I had been trying to unpack what seems to be the norm in this country and perhaps globally. “The law,” is selectively obeyed and respected. The code of behavior and expectations set in place by the government is not intended to apply in the same way to “the least of these” as it applies to the wealthy or the privileged. Those who are not in high places or who have friends in high places operate under an entirely different legal system. There is no such thing as “equal protection under the law.”

            We hear “law and order” when violence erupts after groups of people get fed up with being marginalized and ignored and oppressed by the government. What governments want those who are being oppressed or discriminated against is to be quiet and accept what it doles out.

            During the Nixon administration, we heard the demand for “law and order” from the president and from his vice president, Spiro Agnew. Agnew, and many Americans, resented the anger expressed through violence in the streets of major cities in this country by Black people after the Rev. Dr. Martin Luther King Jr. was assassinated.

            Agnew responded with a caustic statement, “Why don’t impoverished white Americans riot? Could it be that they know they will not meet with sympathy, that collective white lawlessness will not be tolerated?”

            He went on, “It is not the centuries of racism and deprivation that have built to an explosive crescendo but the fact that lawbreaking has become a socially acceptable and occasionally stylish form of dissent.” (“Spiro Agnew, the Forgotten Americans and the Rise of the New Right”. The Historian.)

What he did not say was that white-collar crime – the types of crimes he committed that eventually forced him out of office – was considered by those of his ilk to be a “stylish form of dissent.”

            Agnew was stoking the embers of racism and white fear; that remark was directed toward angry Blacks who had converged on the streets and thus assuage the anxiety of white people, but the pushback against anyone who resorted to violence in order to be heard was met with the same insistence that there would be law and order. Anti-war demonstrators bore the brunt of police brutality and were arrested in large numbers because they dared challenge the legality of the participation of the United States in the Viet Nam War, and so did anyone that was fed up with systemic injustice.

            Segregation laws were enforced. Lawless, extra-judicial acts of violence were permitted. Anti -LGBTQIA laws will be enforced. Book bans put in place by law will be enforced. The prohibition of AP African American history courses will be enforced. Gerrymandering will be allowed. Voting laws will be ignored.  Anti-abortion laws will be enforced, which will undoubtedly result in suffering by women and, anxiety on the part of healthcare workers who will be afraid to perform necessary procedures o save the lives of women who are having problem pregnancies. Making those groups of people obey “the law” will be a primary concern of law enforcement, but wealthy white people who can purchase the freedom of accountability will be able to ignore the laws that will put others in jail.

            Police can commit murder – i.e., they can shoot unarmed people and get away with it as long as they say “I was in fear for my life.” For them, only a very few are ever held accountable to the civic and moral law that says, “Thou shall not murder.”

            Perhaps the pinnacle of the wrongness of a universal, equitable practice of law and order can be seen in our local, state, and federal governments. Powerful people are openly flouting “the law.” From the former president to members of his inner circle, “the law” has been ignored, and while there apparently are no laws requiring certain ethical behavior on the part of US Supreme Court justices, the fact that the powers that be seem willing to ignore the flagrant violations that have been reported on the part of some justices is appalling.

            We, the people, are held to a standard of behavior that the wealthy and powerful feel free to ignore.

            It is somewhat comforting that those who worked to overthrow this country have been held accountable. When people see people breaking laws, or when evidence keeps coming up that reveals lawbreaking, it causes real anger when those involved are given a pass and their actions are dismissed. It is good that some of those who participated in the coup attempt on January 6, 2021, have been arrested and sentenced. One needs only recall the anger that erupted in the streets of Los Angeles when the four white officers who were caught on tape beating Rodney King were acquitted, and the uprising that happened after the white officer who shot and killed Michael Brown was acquitted brought about the same kind of anger. It is one thing to think and believe that there is unequal treatment under “the law;” it is quite another thing to see it. The human psyche can only take so much before it breaks under the pressure of injustice.

            It is troubling. Where does one find justice in this country and in this world if one does not have enough money to purchase it?

            This is not a nation of laws. “Law and order” is a catchphrase that says to this culture, “We will stop those people ( Black, Brown, women, LGBTQIA,) who dare challenge the government through violence.

            There is something very wrong with our government and the way “the law” is used, understood, and applied.

           A candid observation

What Tamir’s Denigration Means

What does a people say when a nation, its own nation, continually denigrates them and lets them know that their lives really do not matter?

There has been a grave travesty of justice – yet again – in the decision of the Grand Jury in Cuyahoga County to not indict the police officers who shot and killed 12-year-old Tamir Rice within two seconds of driving up on him as he played with a pellet gun.

How can any intelligent group of people not agree, not see, that those officers murdered a child?

People always want justice when they have been aggrieved; it is human to seek it. The parents and loved ones of the four people killed Ethan Couch,  a wealthy teen who was driving drunk, were outraged when he was given probation instead of jail time. Any parent would be so outraged.

Think of how you would feel if such injustice, such a decision to not demand accountability for awful crimes, were your norm.

It is the norm for black people in this nation.

It is not the norm when black people kill other black people; those criminals go to jail. But the criminals wearing badges get a free pass. They are almost never held accountable.

It is the norm for black people in this nation.

How can a people, masses of white people, not be incensed at America’s continued violation of the human and civil rights of black people? How can a people who say they are pro-life not care about the families which are being devastated by a justice system which is anything but just?

How can parents not feel the anguish of parents of killed loved ones, their children, who will never see justice rendered against the murderers of their children, because the system …protects…their murderers?

How can a nation not be incensed that officers who have a history of using excessive force, especially against black people, are allowed to stay on the streets? Aren’t they at least as despicable as priests who molest young children and who are allowed to stay in their parishes?

How can any person calling him or herself Christian not be pained to the core of his or her spirit, because the Scriptures, which demand justice and righteousness, are being ignored?

Do not say that we, black people, should trust the system. The system has never protected us, never had our best interests at heart.

We cannot trust the prosecutors, the judges or the juries. They are bedfellows with a largely white police force which knows it can get away with murder. Prosecutors need the support of police unions, so they do what the unions say do. Prosecutors, elected officials, also need to satisfy their base, which is largely white and Conservative, and no friends to black people.

Judges need support from powerful union interests as well. They are too often not interested in justice, but, instead, with satisfying those who pay their salaries and help them stay in office.

The result is a justice system which still lynches black people.

What was done by the Grand Jury in Tamir Rice’s case …was immoral, unjust, but typical of how American justice works for black people.

He was a kid, 12-years old, and he was shot to death within seconds of being driven up on by rabid police officers with no self control.

He was allowed to lay on the ground for a number of minutes, dying, while the police officers wrestled and handcuffed his 14-year old sister.

How can so many (not all) white people not be enraged? What if it had been your son? What would you feel? What does a people say when their own nation continually denigrates them and lets them know that their lives really do not matter?

Has America’s racism, its white supremacy, eroded your very souls, your capacity to feel?

It would seem so.

A candid observation …

Michael Dunn, George Zimmerman, and Fear

I wonder if any black person has ever had the benefit of  having a trial with an impartial jury.

The Sixth Amendment of the Constitution says that American citizens are entitled to a trial with an “impartial jury.” That  phrase has been interpreted as one having the right to a trial with a jury “by one’s peers.” That’s not exactly what the Constitution says. It says we’re supposed to have trials with an “impartial jury.”

I have long struggled with trials for black people that have had juries which were nearly all white. Because I thought the Constitution said we have a right to a jury of our peers, I have long thought that something was very wrong. Well, there’s a lot wrong, but for this moment, I just want to concentrate on the one thing I felt was wrong: Black people were NOT having trials with juries “of their peers.”

But along those same lines, black people have not had many trials with impartial juries, either. In the Dunn trial, there were four white men, four white women, two black women …one Asian woman and one Hispanic American. Were these jurors impartial? I don’t think so. Out of the total of 12 jurors, 8 were white. Impartial?  I cannot believe that they were.

Chris Cuomo of CNN interviewed George Zimmerman, who was acquitted of killing Trayvon Martin. Zimmerman, in spite of being free, is pouting. He says HE is a victim and was made a scapegoat by the government, naming the president and the attorney in general. Michael Dunn is amazed that he was convicted even of attempted second degree murder. He said from jail that he was attacked. Apparently, the juries believed both these men, that THEY were victims. I cannot believe that that the jurors who saw him as victim …are impartial.

White people are so often afraid of black people…just because they are black and because the media has been very effective in portraying black people as criminals.  Almost every black person I know has experienced a white person gripping her bag more tightly when she has seen a black person, primarily a black man, approaching her. It is a fact that one can be (and is) stopped just because he is black.  Statistics show that while blacks commit a large number of violent crimes, most of their victims tend to be black. A report done by CNN indicated that the most likely victim of black crime is a black male, 12-19 years old, and the least likely victim, a white male, ages 35-64.  Blacks, in relation to being only 12.5 percent of the population, commit “a disproportionate number of crimes,” but, the report said, “whites commit more crimes.” (http://money.cnn.com/magazines/moneymag/moneymag_archive/1994/06/01/88911/)

Blacks have been criminalized historically, something that began after Reconstruction, when white people in the South needed a way to get blacks back on the farms to do the work that would improve the South’s economy. Blacks could be arrested for the most petty things – like being outside too late, or walking on the wrong side of the railroad tracks, for loitering (even as they waited in line to get a job!) The message was being given that black people were bad, unworthy of freedom. That sentiment has persisted…

The overarching feeling of many whites, then, is that black people are bad and are to be feared, and fear drives white emotions, beliefs and actions. Why did the man in Dearborn, Michigan, shoot 19-year-old Renisha McBride in the face as she banged on his door in the wee hours of the morning seeking help? Because he was afraid. Why did the police officer shoot injured and unarmed Jonathan Ferrell as he ran toward police, seeking help? Because he was afraid.

Both Michael Dunn and George Zimmerman are murderers; they both shot unarmed black teens …but their actions were driven by fear and they had jurors who were ALSO afraid, or who know the fear of which they spoke, and in the cradle of that fear, acquitted these men of their crimes. The juries were NOT impartial. Fear prevented that.

When I hear Dunn and Zimmerman say they were victims, my blood boils. They were not victims of anything other than their own fear.  Fear leads people to insecurity and irrational actions…which is what we saw in the case of both these men.

Somebody on the Dunn jury was connecting with his/her own fear…and that’s what drove them. Dunn is still shocked that he was convicted of anything, given the scenario as he feels it happened. He was afraid of Jordan Davis, afraid of what he believes to be true of all black people. His fear, probably fed a bit by machismo, increased as Davis offered him an angry challenge to Dunn’s request that the teens turn down their money. Dunn  rode into that gas station with contempt for and fear of black people in his heart. He acted on both…and contrary to his sorry claim, he was NOT the victim; he was NOT attacked. That 17-year- old kid was the victim and was attacked and killed.

I get that. But the jury, which was NOT impartial, did not.

It’s a sorry and tragic shame, what has happened.

A candid observation …