Point of View Columns

Justice Too Long Delayed is Justice Denied

In 1963, in a Birmingham, Alabama jail cell, Martin Luther King, speaking of the ongoing struggle for civil and human rights by black Americans, wrote “Just too long delayed is justice denied”. Those words were true in 1963 and they still ring true in 2019.

Eric Garner was killed by a New York City police officer on July 17, 2014. His murder was captured in real time on video by multiple cellphones and his desperate cry of “I can’t breathe” was heard all over the world although his words fell on deaf NYPD ears. The fact that Mr. Garner’s encounter with the police was connected to the infinitely minor and absolutely nonviolent crime of his selling loose cigarettes (or “loosies”) made this particular blue on black crime even more tragic.

What we know is that several New York City police officers witnessed the murder of Eric Garner and did nothing to restrain Officer Daniel Pantaleo even as he was choking Mr. Garner to death. What we know is that the racist DNA of the American law enforcement system was on full display as the District Attorney of Staten Island, where the murder occurred, did not to seek to indict Pantaleo or any of the police officers for any offenses.

And what we know is that the Obama Administration Department of Justice, headed at the time of Garner’s murder by Eric Holder, and then in 2015 by Loretta Lynch, engaged in a civil rights investigation. Amazingly, this investigation could not come to a conclusion regarding the violation of the civil rights of the deceased Eric Garner, even though his murder was captured on videotape.

And what we know is that on November 9, 2016, then Attorney General Loretta Lynch knew that Donald Trump would be inaugurated as President of the United States on January 20, 2017 and that an Attorney General in the Trump administration would almost certainly put the Garner case into a bureaucratic dustbin. That meant that she had 73 days to make sure that the Civil Rights Division of the Department of Justice took some concrete steps to ensure that justice would be done in the Garner case. And nothing was done.

What we know is that the Department of Justice under the aegis of Attorney General Jefferson Beauregard Sessions III slow walked the Garner case. What we know is that under the administration of Attorney General William Barr the Garner case was permanently buried in 2019, defying logic and common sense in concluding that there was not sufficient evidence that Eric Garner’s civil rights were violated.

What we do know is that throughout all of these meandering delays justice was too long delayed. And what we do know is that when Daniel Pantaleo was finally fired from his position in the NYPD justice had been denied to the Garner family. Mr. Pantaleo will never have to face criminal charges. He will spend the rest of his life as a free man – free to laugh and love and be with his family while Eric Garner remains in his grave and Mr. Garner’s family continues to grieve.

The conclusion must be that the firing of Daniel Pantaleo by the NYPD after five years of delay is that justice has not been served. And what we do know is that the Garner case is another sad illustration of the fact that black lives do not matter in these United States of America. And unless and until there is a basic commitment by governmental authorities and the citizens of this country to acknowledge and recognize the basic humanity of black Americans, it will be impossible to come to any other conclusion but that black lives do not matter.

There has been no justice in the Garner case. Indeed, justice has been too long delayed and justice has been denied.

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Point of View Columns

The Unending Saga of Trump against America

The Mueller Report and the Barr Cover Letter bring to mind the old fable about the mountain laboring and bringing forth a mouse. There is no rational scenario whereby Donald Trump was going to be indicted and now lawyers can dance on the tip of a needle deciding whether he might be guilty of obstruction of justice, even though he has stated in his own words that he did seek to impair the process of justice at every turn during these past two years.

And so it would seem that the Saga that is Trump will continue to torment this country and this world. But for those that were hoping that the Mueller Report would signal the beginning of the end for Trump, an end that looked a lot like impeachment, it is important to note that this Report might be the gift that keeps on giving. And the final gift might be a new President of the United States in January of 2020.

But before moving on, however, it should be noted what the Mueller Report appears to say, and as importantly, what it does not say. The Report does say that there is not sufficient evidence to conclude that Trump and his minions colluded with the Russian government. To translate into simple English, the Report states that at this point it is not possible to prove collusion beyond a reasonable doubt.

What the Report does not say is why at every possible opportunity Trump has chosen to praise Vladimir Putin on every conceivable issue. The Report does not say why at every possible opportunity Trump has chosen to take the word of Putin over the national security and intelligence community of the United States. And the Report certainly does not explain why Trump has never provided any contemporaneous notes or reports of his solitary private meetings with Putin, even going to the extent of confiscating the notes of his interpreter.

What the Report does say is that Trump is not exonerated when it comes to the issue of obstruction of justice. But anyone with eyes and ears over the past eighteen months has seen Trump say and do everything imaginable and unimaginable to derail the Russia investigation.

From firing the FBI Director (James Comey), to harassing and bullying his Attorney General (Jeff Sessions), to publicly dangling the offer of pardons to witnesses and defendants called to account by Robert Mueller and by casting major shade at Mueller. And then, there is the constant “witch hunt” refrain that Trump has repeated whenever and wherever. These actions and rhetoric by the President of the United States with respect to the Russia investigation certainly sound like the quacks of an obstructionist duck.

It is highly doubtful that the current Attorney General William Barr will ever pursue this matter any further, regardless of any feckless rhetoric that his office might issue. He may not have taken a bloodbrothersohelpmeGod oath to protect Trump with the lives of his children if necessary, but it is a pretty safe bet that he accepted the appointment with the clear understanding that his job was to play the role of Tom Hagen to Trump’s Vito Corleone. And, by the way, there is probably no truth to the rumor that Barr also had a hand in crafting the Jessie Smollett exoneration letter.

Democrats have to be careful not to wrestle with the Russia/Collusion Tar Baby in Trump’s briar patch. Because while the nation is watching the multitude of sideshows that characterize his presidency, other of his minions are working to take away the current healthcare apparatus for over 150 million Americans, as well as destroying the environment and degrading America’s international relationships, to name just a few really important issues. And while it might provide psychic satisfaction to have a Trump impeachment, the Trump lackeys, a.k.a. Senate Republicans, will never convict him.

Nothing would please Trump more than to be able to play the role of Trump Agonistes – a Martyr for All Time. And make no mistake about it, martyrdom might be the role that could actually result in Trump being a two-term president, dooming this country to an unimaginably bleak and dystopian future.

There are enough reasons why Trump should not be president aside from the Russia issue. The busloads and boatloads of Democratic candidates for president would do well to focus on the reasons why they should be president as it is already painfully obvious as why Trump should not be president.

It is said that free advice is worth what you pay for it. But in this case let’s hope that the Democrats are listening.

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