Otherwise, the list of alternatives pushed by these anonymous donors is pretty lame, including the risible choices of Susan Rice and Val Demings. Demings is almost unknown outside of Florida, and her legislative record is minuscule; her general profile is Kamala Lite: police-friendly, but not notorious enough to matter on such short notice. Rice might be some kind of sociopath, but a reason for the campaign to avoid her is she'd be intimately linked to Hillary Clinton's state department years and the slave markets in eastern Libya. Harris has somehow more appeal among traditional Repub voters than Biden, according to a recent Reuters/Ipsos poll, and Repubs is probably Biden's special target demo. And no one on the list is as recognizable as Harris. The donors' central concerns were that 1) she'd been mean to Biden, and that 2) she's just in it to advance her own future presidency. I can't even make sense of the second point, other than that they’re selfishly anticipating Harris turning on them when Biden steps aside or dies. Every running mate's main ambition is the presidency. And Biden, of all people, doesn't give a fuck, since he's promised to only serve one term. (He made the same promise in 2015, peddling another brown face & Obama favorite, Deval Patrick, as running mate. The guy just wants this one last validation, you see.)
On the meanness, the donors miss something or are being disingenuous. Because one advantage of the unholy pact is now the charge of complicity (his and hers) in the country's broken criminal justice systems has an interesting pivot: Harris can act as reformed cop, and steer the conversation away from his 1994 crime bill. She may be useful in other areas. She's the one who famously criticized his busing stance & affection for fellow racist statesmen, so now that they're buddies, Americans can look to her to keep his latent racism in check... or something. Her age, gender, and melanin count balance out his perceived deficiencies in those areas. Unlike him, she can speak coherent sentences, and - when she's prepared - they can sound formidable (not so much when improvising, or when zeroing in on a plausible worldview, but still: better than him). Her grilling of AG and Supreme Court appointees - the latter on charges of sexual misconduct - which launched her presidential bid, can somehow offset his abysmal showing at the Anita Hill hearings. (I wonder if anyone will ask her about that - I don't know if anyone has lately.)
Trump Land's response to the Harris pick is schizophrenic and clownish - but probably calculated. They don't seem to be using the crime stuff as a direct weapon, but mainly as proof of "phoniness". They somehow think framing her mea culpas as capitulation to the "radical left" is a better strategy - possibly a wooing of weary white evangelicals and white suburbanites spooked by the sight of angry brown marchers, and by the sound of them making serious demands. They'd struggle to wield the crime stuff as a weapon anyway, not because Trump himself calls for fascistic, racist police retaliation against protesters, and a revival of the federal death penalty; but because criminal justice reform isn't a GOP talking point in national elections. Nevertheless, criminal justice reform is the flavor of the decade, and even Trump is a passenger on that train (First Step Act). Conservative governors and congresspersons have been co-sponsoring or enacting laws to reduce prison populations and sentencing guidelines since the Obama era. States shape their own policies, but the example is set at the federal level. The impact on federal prisons (and civilians caught up in the federal system) is small - but its ripple effect in the state systems isn't.
Funny thing about federal guidelines: the laws require the Justice Department to comply. That language always amuses me. If you are a Jeff Sessions or a William Barr, maybe you just dun wanna. Trump only picked Barr for his ideas about executive privilege (to replace Sessions, who he'd assumed would protect him, but who instead made way for Mueller... Barr has proven he's no Sessions). But Attorneys General are cops, and they'll usually resist change that favors civilians, because that's what cops do. Barr is no exception. In 1992, as Bush 41's AG, he issued "24 Recommendations to Strengthen Criminal Justice" which called for prison expansion and harsher sentencing. It was based on a DOJ internal working paper which was subsequently published under the title "The Case for More Incarceration". Both men are fossils.
Changes within the system come from above. Change to the system comes from below. People gradually got fed up with Jim Crow era policing, and obvious 13th amendment slave labor loopholes, and increasingly took to the streets. The current streak of protests is at least as old as Rodney King's assault. Many white suburban Clinton-Reagan "moderates" might be nonplussed by the richest country in the world having the largest prison population in the world (both in raw number and per capita) and by how brown it is. But the brutalization and dehumanization of brown persons has not been a primary concern for them, as they keep voting racist and complicit sheriffs, judges, governors, presidents, and attorneys general into office. When a Biden-Clinton bill designed to intensify racist judicial practices carried over from the Reagan-Bush era is signed into law, it is with the blessing of a whole mess of white suburban "moderates". And that's just 2 years after the LA race riots, and 2 years after William Barr's Klannish policy piece. See if those dots don't connect.
Kamala Harris's career borrowed liberally from this tradition:
- - Resisted federal orders to release prisoners, on grounds it would drain the state's supply of slave labor. (2014)
- Impeded at least 5 wrongly convicted civilians from claiming damages,* and sometimes kept them waiting months longer for their release. Read the legal opinions on the Jose Diaz case and the additional injuries he had to put up with. (2012)
---- (*This piece is especially rich, considering the Bloomberg writers' boss did the same thing against the Exonerated Five.)
- Truancy jailing.
- Supported a 2014 bill allowing police to seize & sell civil property without filing charges, after opposing a 2011 bill that would place restrictions on that practice, which of course leads to state-sanctioned police robbery of civilians.
- Ran to the right of a Republican opponent on a 3 strikes law that would put people away for decades or permanently for minor subsequent offences. (2010)
- When a federal court ruled California's death penalty unconstitutional, she released this statement claiming that the ruling "undermines important protections that our courts provide to defendants". (2014)
This 2019 NYT opinion piece by a law professor details other cases and categories, including covering for corrupt prosecutors, lab technicians and cops, hiding evidence, keeping likely innocent people imprisoned despite admonishments from judges, etc. I don't feel like detailing all of them, it's nauseating. But Kevin Cooper deserves a spotlight. I've been following his case for a few years. The following is a summary, or you can read the superbly-designed NYT piece linked below it:
- He was an escapee from a minimum security prison, who was framed for the murder of a San Bernardino family in 1983 - by the police. They destroyed the scene - twice. They ignored witness reports about the actual murderers, including from the lone 8-year-old survivor, whose recollections they gradually transformed (after zeroing in on the runaway Cooper) from 3-4 white men to a lone black man with an afro. They destroyed evidence (one of the killers' bloody coveralls delivered to them by his girlfriend). They planted multiple pieces of evidence at the scene to implicate him. They (and the media) reinforced the idea of Cooper as the vicious killer of a white family. Someone showed up at one of his hearings with a stuffed gorilla with a noose around its neck. At his trial, someone held a sign which read "Hang the Nigger". His first execution date was stayed by an appeals court on the morning-of, in 2004; he was permitted to have a new blood test performed on a bloody t-shirt from the crime scene. The test confirmed his blood had been planted on it - due to the presence of a chemical preservative (EDTA). The vial of Cooper's blood, collected upon his arrest, was tested: it contained a second person's blood in it - added to top it off after police had used the vial to contaminate the t-shirt. In 2009, the Ninth Circuit Court of Appeals refused to hear his case, allowing the execution to go forward. Judge Fletcher issued a 114-page dissenting opinion (linked below) with the opening words "The State of California may be about to execute an innocent man." In 2015, the Inter-American Commission on Human Rights published a 32-page call to action (linked below). Similar appeals were made by the deans of four law schools and the president of the American Bar Association. Five of the original trial jurors called for new DNA tests. In 2016, investigative journalist J. Patrick O'Connor published a book concluding Cooper had been framed (linked below). Cooper's current lawyer, Norman Hile, published a 235-page petition with his former law firm, calling for new DNA testing (linked below). Kamala Harris refused the new DNA testing, and was uninterested in the case.
One Test Could Exonerate Him. Why Won't California Do It? by Nicholas Kristof, New York Times (2018).
Judge William H. Fletcher's dissenting opinion (PDF).
Report by the Inter-American Commission on Human Rights (PDF)
Petition by Norman Hile & lawfirm (PDF)
Kamala Harris refused to allow new DNA testing. The morning after Kristof's article was published online, when she was now a senator and removed from the decision-making, she wrote that she felt "awful" and that she hoped Governor Brown would permit the testing. Perhaps she'd grown a conscience just in time for a presidential year.
Judge William Fletcher's 114-page dissent (linked above) with its unreserved language ("The State of California may be about to execute an innocent man") is unusual. What's more unusual is that he talks about Kevin Cooper whenever he can, and he does it as a sitting judge. Below, you can find a video and transcript of his lecture, presented at New York University in 2013.
I have added timestamps, and page numbers (in parentheses), here:
12:55 (805) intro & history, Gregg v Georgia
17:47 (808) overview of death penalty since then
24:42 (811) positions on death penalty
29:05 (813) intro to examples
29:45 (814) Kevin Cooper
39:31 (818) Gary Benn
43:40 (821) court systems, supreme court of California, corporate involvement in election of judges
46:36 (821) Morris v. Woodford
48:10 (822) political pressures, AEDPA (Antiterrorism and Effective Death Penalty Act of 1996), Cullen v. Pinholster and restrictions on habeas courts
52:58 (824) clemency pleas
53:37 (825) race, poverty, and innocence
59:48 (827) closing & summary
Judge Fletcher is a white man. Cooper's lawyer, volunteering for the past 16 years after retiring from his firm, is white. J. Patrick O'Connor (video interview below), working to expose government corruption and the racism of the voters who enable it, is white. They're doing the work from inside the system, while the streets do the work from under it. Skin color - or paying lip-service to it - is an obnoxiously stupid shibboleth of the new "moderates". And it's a poor substitute for character, as Kamala Harris found out on her tour of HBCU's in early 2019, when she tried unsuccessfully to rally brown co-eds to her cause. They saw through the bullshit.
"Kamala Was a Cop. Black People Knew It First."
We're not going to forget.
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