The UN’s Philip Alston is an expert on deprivation ? and he wants to know why 41m Americans are living in poverty. The Guardian joined him on a special two-week mission into the dark heart of the world’s richest nation
by Ed Pilkinton
The Guardian
Los Angeles, California, 5 December
“You got a choice to make, man. You could go straight on to heaven. Or you could turn right, into that.”
We are in Los Angeles, in the heart of one of America’s wealthiest cities, and General Dogon, dressed in black, is our tour guide. Alongside him strolls another tall man, grey-haired and sprucely decked out in jeans and suit jacket. Professor Philip Alston is an Australian academic with a formal title: UN special rapporteur on extreme poverty and human rights.
General Dogon, himself a veteran of these Skid Row streets, strides along, stepping over a dead rat without comment and skirting round a body wrapped in a worn orange blanket lying on the sidewalk.
The two men carry on for block after block after block of tatty tents and improvised tarpaulin shelters. Men and women are gathered outside the structures, squatting or sleeping, some in groups, most alone like extras in a low-budget dystopian movie.
We come to an intersection, which is when General Dogon stops and presents his guest with the choice. He points straight ahead to the end of the street, where the glistening skyscrapers of downtown LA rise up in a promise of divine riches.
Heaven.
Then he turns to the right, revealing the “black power” tattoo on his neck, and leads our gaze back into Skid Row bang in the center of LA’s downtown. That way lies 50 blocks of concentrated human humiliation. A nightmare in plain view, in the city of dreams.
Alston turns right.
So begins a two-week journey into the dark side of the American Dream. The spotlight of the UN monitor, an independent arbiter of human rights standards across the globe, has fallen on this occasion on the US, culminating on Friday with the release of his initial report in Washington.
His fact-finding mission into the richest nation the world has ever known has led him to investigate the tragedy at its core: the 41 million people who officially live in poverty.
Of those, nine million have zero cash income ? they do not receive a cent in sustenance.
Alston’s epic journey has taken him from coast to coast, deprivation to deprivation. Starting in LA and San Francisco, sweeping through the Deep South, traveling on to the colonial stain of Puerto Rico then back to the stricken coal country of West Virginia, he has explored the collateral damage of America’s reliance on private enterprise to the exclusion of public help.
The Guardian had unprecedented access to the UN envoy, following him as he crossed the country, attending all his main stops and witnessing the extreme poverty he is investigating firsthand.
Think of it as payback time. As the UN special rapporteur himself put it: “Washington is very keen for me to point out the poverty and human rights failings in other countries. This time I’m in the US.”
The tour comes at a critical moment for America and the world. It began on the day that Republicans in the US Senate voted for sweeping tax cuts that will deliver a bonanza for the super wealthy while in time raising taxes on many lower-income families. The changes will exacerbate wealth inequality that is already the most extreme in any industrialized nation, with three men ? Bill Gates, Jeff Bezos and Warren Buffet ? owning as much as half of the entire American people.
A few days into the UN visit, Republican leaders took a giant leap further. They announced plans to slash key social programs in what amounts to an assault on the already threadbare welfare state.
“Look up! Look at those banks, the cranes, the luxury condos going up,” exclaimed General Dogon, who used to be homeless on Skid Row and now works as a local activist with Lacan. “Down here, there’s nothing. You see the tents back to back, there’s no place for folks to go.”
California made a suitable starting point for the UN visit. It epitomizes both the vast wealth generated in the tech boom for the 0.001%, and the resulting surge in housing costs that has sent homelessness soaring. Los Angeles, the city with by far the largest population of street dwellers in the country, is grappling with crisis numbers that increased 25% this past year to 55,000.
The safety net? It has too many holes in it for me
Ressy Finley, 41, was busy sterilizing the white bucket she uses to slop out in her tent in which she has lived on and off for more than a decade. She keeps her living area, a mass of worn mattresses and blankets and a few motley possessions, as clean as she can in a losing battle against rats and cockroaches. She also endures waves of bed bugs, and has large welts on her shoulder to prove it.
She receives no formal income, and what she makes on recycling bottles and cans is no way enough to afford the average rents of $1,400 a month for a tiny one-bedroom. A friend brings her food every couple of days, the rest of the time she relies on nearby missions.
She cried twice in the course of our short conversation, once when she recalled how her infant son was taken from her arms by social workers because of her drug habit (he is now 14; she has never seen him again). The second time was when she alluded to the sexual abuse that set her as a child on the path towards drugs and homelessness.
Given all that, it’s remarkable how positive Finley remains. What does she think of the American Dream, the idea that everyone can make it if they try hard enough? She replies instantly: “I know I’m going to make it.”
A 41-year-old woman living on the sidewalk in Skid Row going to make it?
“Sure I will, so long as I keep the faith.”
What does “making it” mean to her?
“I want to be a writer, a poet, an entrepreneur, a therapist.”
Robert Chambers occupies the next patch of sidewalk along from Finley’s. He’s created an area around his tent out of wooden pallets, what passes in Skid Row for a cottage garden.
He has a sign up saying “Homeless Writers Coalition”, the name of a group he runs to give homeless people dignity against what he calls the “animalistic” aspects of their lives. He’s referring not least to the lack of public bathrooms that forces people to relieve themselves on the streets.
LA authorities have promised to provide more access to toilets, a critical issue given the deadly outbreak of Hepatitis A that began in San Diego and is spreading on the west coast claiming 21 lives mainly through lack of sanitation in homeless encampments. At night local parks and amenities are closed specifically to keep homeless people out.
Skid Row has had the use of nine toilets at night for 1,800 street-faring people. That’s a ratio well below that mandated by the UN in its camps for Syrian refugees.
“It’s inhuman actually, and eventually in the end you will acquire animalistic psychology,” Chambers said.
He has been living on the streets for almost a year, having violated his parole terms for drug possession and in turn being turfed out of his low-cost apartment. There’s no help for him now, he said, no question of “making it”.
“The safety net? It has too many holes in it for me.”
Of all the people who crossed paths with the UN monitor, Chambers was the most dismissive of the American Dream. “People don’t realize ? it’s never getting better, there’s no recovery for people like us. I’m 67, I have a heart condition, I shouldn’t be out here. I might not be too much longer.”
That was a lot of bad karma to absorb on day one, and it rattled even as seasoned a student of hardship as Alston. As UN special rapporteur, he’s reported on dire poverty and its impact on human rights in Saudi Arabia and China among other places. But Skid Row?
“I was feeling pretty depressed,” he told the Guardian later. “The endless drumbeat of horror stories. At a certain point you do wonder what can anyone do about this, let alone me.”
And then he took a flight up to San Francisco, to the Tenderloin district where homeless people congregate, and walked into St Boniface church.
What he saw there was an analgesic for his soul.
San Francisco, California, 6 December
About 70 homeless people were quietly sleeping in pews at the back of the church, as they are allowed to do every weekday morning, with worshippers praying harmoniously in front of them. The church welcomes them in as part of the Catholic concept of extending the helping hand.
“I found the church surprisingly uplifting,” Alston said. “It was such a simple scene and such an obvious idea. It struck me ? Christianity, what the hell is it about if it’s not this?”
It was a rare drop of altruism on the west coast, competing against a sea of hostility. More than 500 anti-homeless laws have been passed in Californian cities in recent years. At a federal level, Ben Carson, the neurosurgeon who Donald Trump appointed US housing secretary, is decimating government spending on affordable housing.
Perhaps the most telling detail: apart from St Boniface and its sister church, no other place of worship in San Francisco welcomes homeless people. In fact, many have begun, even at this season of goodwill, to lock their doors to all comers simply so as to exclude homeless people.
As Tiny Gray-Garcia, herself on the streets, described it to Alston, there is a prevailing attitude that she and her peers have to contend with every day. She called it the “violence of looking away”.
That cruel streak ? the violence of looking away ? has been a feature of American life since the nation’s founding. The casting off the yoke of overweening government (the British monarchy) came to be equated in the minds of many Americans with states’ rights and the individualistic idea of making it on your own ? a view that is fine for those fortunate enough to do so, less happy if you’re born on the wrong side of the tracks.
Countering that has been the conviction that society must protect its own against the vagaries of hunger or unemployment that informed Franklin Roosevelt’s New Deal and the Great Society of Lyndon Johnson. But in recent times the prevailing winds have blown strongly in the “you’re on your own, buddy” direction. Ronald Reagan set the trend with his 1980s tax cuts, followed by Bill Clinton, whose 1996 decision to scrap welfare payments for low-income families is still punishing millions of Americans.
The cumulative attack has left struggling families, including the 15 million children who are officially in poverty, with dramatically less support than in any other industrialized economy. Now they face perhaps the greatest threat of all.
As Alston himself has written in an essay on Trump’s populism and the aggressive challenge it poses to human rights: “These are extraordinarily dangerous times. Almost anything seems possible.”
Lowndes County, Alabama, 9 December
Trump’s undermining of human rights, combined with the Republican threat to pare back welfare programs next year in order to pay for some of the tax cuts for the rich they are rushing through Congress, will hurt African Americans disproportionately.
Black people are 13% of the US population, but 23% of those officially in poverty and 39% of the homeless.
The racial element of America’s poverty crisis is seen nowhere more clearly than in the Deep South, where the open wounds of slavery continue to bleed. The UN special rapporteur chose as his next stop the “Black Belt,” the term that originally referred to the rich dark soil that exists in a band across Alabama but over time came to describe its majority African American population.
The link between soil type and demographics was not coincidental. Cotton was found to thrive in this fertile land, and that in turn spawned a trade in slaves to pick the crop. Their descendants still live in the Black Belt, still mired in poverty among the worst in the union.
You can trace the history of America’s shame, from slave times to the present day, in a set of simple graphs. The first shows the cotton-friendly soil of the Black Belt, then the slave population, followed by modern black residence and today’s extreme poverty ? they all occupy the exact same half-moon across Alabama.
There are numerous ways you could parse the present parlous state of Alabama’s black community. Perhaps the starkest is the fact that in the Black Belt so many families still have no access to sanitation. Thousands of people continue to live among open sewers of the sort normally associated with the developing world.
The crisis was revealed by the Guardian earlier this year to have led to an ongoing endemic of hookworm, an intestinal parasite that is transmitted through human waste. It is found in Africa and South Asia, but had been assumed eradicated in the US years ago.
Yet here the worm still is, sucking the blood of poor people, in the home state of Trump’s US attorney general Jeff Sessions.
A disease of the developing world thriving in the world’s richest country.
The open sewerage problem is especially acute in Lowndes County, a majority black community that was an epicenter of the civil rights movement having been the setting of Martin Luther King’s Selma to Montgomery voting rights march in 1965.
Despite its proud history, Catherine Flowers estimates that 70% of households in the area either “straight pipe” their waste directly onto open ground, or have defective septic tanks incapable of dealing with heavy rains.
When her group, Alabama Center for Rural Enterprise (Acre), pressed local authorities to do something about it, officials invested $6m in extending waste treatment systems to primarily white-owned businesses while bypassing overwhelmingly black households.
“That’s a glaring example of injustice,” Flowers said. “People who cannot afford their own systems are left to their own devices while businesses who do have the money are given public services.”
Walter, a Lowndes County resident who asked not to give his last name for fear that his water supply would be cut off as a reprisal for speaking out, lives with the daily consequences of such public neglect. “You get a good hard rain and it backs up into the house.”
That’s a polite way of saying that sewerage gurgles up into his kitchen sink, hand basin and bath, filling the house with a sickly-sweet stench.
Given these circumstances, what does he think of the ideology that anyone can make it if they try?
“I suppose they could if they had the chance,” Walter said. He paused, then added: “Folks aren’t given the chance.”
Had he been born white, would his sewerage problems have been fixed by now?
After another pause, he said: “Not being racist, but yeah, they would.”
Round the back of Walter’s house the true iniquity of the situation reveals itself. The yard is laced with small channels running from neighboring houses along which dark liquid flows. It congregates in viscous pools directly underneath the mobile home in which Walter’s son, daughter-in-law and 16-year-old granddaughter live.
It is the ultimate image of the lot of Alabama’s impoverished rural black community. As American citizens they are as fully entitled to life, liberty and the pursuit of happiness. It’s just that they are surrounded by pools of excrement.
This week, the Black Belt bit back. On Tuesday a new line was added to that simple graphic, showing exactly the same half-moon across Alabama except this time it was not black but blue.
It depicted the army of African American voters who turned out against the odds to send Doug Jones to the US Senate, the first Democrat from Alabama to do so in a generation. It delivered a bloody nose to his opponent, the alleged child molester Roy Moore, and his puppetmasters Steve Bannon and Donald Trump.
It was arguably the most important expression of black political muscle in the region since King’s 1965 march. If the previous entries in the graphic could be labeled “soil”, “slavery” and “poverty”, this one should be captioned “empowerment”.
Guayama, Puerto Rico, 10 December
So how does Alston view the role of UN rapporteur and his visit? His full report on the US will be released next May before being presented to the UN human rights council in Geneva.
Nobody expects much to come of that: the world body has no teeth with which to enforce good behavior on recalcitrant governments. But Alston hopes that his visit will have an impact by shaming the US into reflecting on its values.
“My role is to hold governments to account,” he said. “If the US administration doesn’t want to talk about the right to housing, healthcare or food, then there are still basic human rights standards that have to be met. It’s my job to point that out.”
Alston’s previous investigations into extreme poverty in places like Mauritania pulled no punches. We can expect the same tough love when it comes to his analysis of Puerto Rico, the next stop on his journey into America’s dark side.
Three months after Maria, the devastation wrought by the hurricane has been well documented. It tore 70,000 homes to shreds, brought industry to a standstill and caused a total blackout of the island that continues to cause havoc.
But Puerto Rico’s plight long predates Maria, rooted in the indifference with which it has been regarded since being acquired as a spoil of war in 1898. Almost half of Americans have no idea that the 3.5 million Puerto Ricans on the island are US citizens, which adds insult to the injury of the territory having no representation in Congress while its fiscal policies are dictated by an oversight board imposed by Washington. What was that about casting off the yoke of overweening government?
Nor do most people appreciate that the island has twice the proportion of people in poverty (44%) than the lowliest US state, including Alabama (19%). And that was before the hurricane, which some estimates suggest has pushed the poverty rate up to 60%.
“Puerto Rico is a sacrifice zone,” said Ruth Santiago, a community rights lawyer. “We are ruled by the United States but we are never consulted ? we have no influence, we’re just their plaything.”
The UN monitor was given a sense of what being a plaything of the US means in practice when he travelled south to Guayama, a town of 42,000 close to where Maria made landfall. Devastation was everywhere ? houses mangled, roofs missing, power lines drooping alarmingly overhead.
If Lyndon Johnson declared a war on poverty, then Trump is waging a war on the poor
Looming over the community is a coal-fired power plant built by the Puerto Rican branch of AES Corporation, a Virginia-headquartered multinational. The plant’s smoke stack dominates the horizon, as does a huge mound of residue from the combusted coal that rises to at least 70ft like a giant sandcastle.
The mound is exposed to the elements and local people complain that toxins from it leach into the sea, destroying the livelihoods of fishermen through mercury poisoning. They also fear that dust coming off the pile causes health problems, a concern shared by local doctors who told the UN monitor that they see a high incidence of respiratory disease and cancer.
“It kills the leaves of my mango tree,” said Flora Picar Cruz, 82. She was lying in bed at midday, breathing with difficulty through an oxygen mask.
Studies of the pile have found perilous levels of toxic substances including arsenic, boron, chloride and chromium. Even so, the Trump administration is in the process of easing the relatively lax regulations on monitoring dangerous effluents from it.
AES Puerto Rico told the Guardian that there was nothing to worry about, as the plant was one of the cleanest in the US having been purpose built to avoid any run-off into air or sea. That’s not what the people of Guayama think. They fear that the age-old pattern of being taken for granted by the US colonizer is about to rise to the next level.
When such attitudes are replicated across the island it helps explain why so many Puerto Ricans are voting with their feet: almost 200,000 have packed their bags and quit for Florida, New York and Pennsylvania since the hurricane, adding to the more than 5m who were already on the US mainland. Which gives a whole new meaning to the American Dream ? anyone can make it, so long as they abandon their families, their homes, and their culture and head off into a strange and forbidding land.
Charleston, West Virginia, 13 December
“You’re an amazing people! We’re going to take care of a lot of years of horrible abuse, OK? You can count on it 100%.”
Donald Trump’s promise to the white voters of West Virginia was made just as he was securing the Republican presidential nomination in May 2016. Six months later, his audience handsomely repaid him with a landslide victory.
It is not surprising that white families in West Virginia should have responded positively to Trump’s charm offensive, given that he offered them the world ? “We’re going to put the miners back to work!” After all, numerically a majority of all those living in poverty nationwide ? 27 million people ? are white.
In West Virginia in particular, white families have a lot to feel sore about. Mechanization and the decline of coal mining have decimated the state, leading to high unemployment and stagnant wages. The transfer of jobs from the mines and steel mills to Walmart has led to male workers earning on average $3.50 an hour less today than they did in 1979.
What is surprising is that so many proud working folk should have entrusted their dreams to a (supposed) billionaire who built his real estate empire on the back of handouts from his father.
Before he ran for the presidency, Trump showed scant interest in the struggles of low-income families, white or otherwise. After almost a year in the Oval Office, there is similarly little sign of those campaign promises being kept.
Quite the contrary. When the UN rapporteur decamped in Charleston, West Virginia on Wednesday as the final stop in his tour, he was inundated with evidence that the president is turning the screws on the very people who elected him.
That same day, Republicans in the Senate and House were fusing their plans for tax cuts ahead of a final vote next week. Many West Virginians will be lulled into believing that the changes are designed to help them, as initially everybody in the state will pay less tax.
But come 2027 when deficit-saving changes kick in, the bottom 80% of the population will pay more, while the top 1% will continue to enjoy a $21,000 bonanza.
“Trump’s policies will exacerbate inequality, suppress wages and make it harder for low-income families to seek assistance,” said Ted Boettner, executive director of the non-partisan West Virginia Center on Budget and Policy.
If sewerage is the abiding image of the burden of the Black Belt, then a mouthful of rotting teeth is West Virginia’s.
A patient who came into the clinic needing all 30 of his teeth to have root canal surgery. Photograph: Doctors at Health Right
Doctors at Health Right, a volunteer-based medical center in Charleston that treats 21,000 low-income working people free of charge, presented the UN monitor with a photograph of one of its dentistry clients.
The man is only 32, but when he opened his mouth he turned into one of Macbeth’s witches. His few remaining rotting teeth and greenish-blue gums looked like the festering broth in their burning cauldrons.
Adult dentistry is uncovered by Medicaid unless it is an emergency, and so people do the logical thing ? they do nothing until their abscesses erupt and they have to go to ER. One woman seen by the center’s mobile dentistry clinic was found to have nothing but 30 roots in her mouth, all of which needed surgery.
In other briefings, Alston was given a picture of life under siege for West Virginia’s low-income families. If Lyndon Johnson declared a war on poverty, then Trump is waging a war on the poor.
People are jailed for years because they cannot afford bail awaiting trial; private detectives are used to snoop on disability benefit claimants; mandatory minimum drug sentences are back in fashion; Jeff Sessions is scrapping federal rehabilitation schemes for those released from prison; tenants in subsidized housing are living in fear that they will be evicted for the slightest infraction ? the list goes on and on.
And the result of this relentless drubbing? “People end up fighting each other,” said Eli Baumwell, policy director of the ACLU in West Virginia. “You become so obsessed with what you’ve got and what your neighbor has got that you become resentful. That’s what Trump is doing ? turning one against the other.”
And so it was that Philip Alston boarded one last plane and headed for Washington, carrying with him the distilled torment of the American people.
At one point in the trip Alston revealed that he had had a sleepless night, reflecting on the lost souls we had met in Skid Row.
He wondered about how a person in his position ? “I’m old, male, white, rich and I live very well” ? would react to one of those homeless people. “He would look at him and see someone who is dirty, who doesn’t wash, who he doesn’t want to be around.”
Then Alston had an epiphany.
“I realized that’s how government sees them. But what I see is the failure of society. I see a society that let that happen, that is not doing what it should. And it’s very sad.”
The UN special rapporteur’s tour was done.
Showing posts with label African-Americans. Show all posts
Showing posts with label African-Americans. Show all posts
2017-12-16
2017-10-08
A Sick Country Filled With Guns
by Jeremy Scahill
The Intercept
The Intercept
WE LIVE IN a sick country. A country where it’s legal for someone to purchase 30 assault weapons and unlimited ammunition, weapons that really only have one purpose: to hunt and kill other human beings. A country where a cabal of high-powered lobbyists, bought-off politicians, and gun manufacturers profits off of massacres, where the meaning of the Second Amendment has been twisted so intensely that it no longer matters why it was written or what it was actually intended for.
The leaders of the National Rifle Association, who would be viewed as terrorist enablers and promoters in a sane society, they don’t like the first part of the Second Amendment — so much so that they don’t include it in their very public memorializing of their Holy Bible of gun addition.
The version of the Second Amendment displayed at the NRA’s headquarters doesn’t include the first half of the Second Amendment. The NRA only wants you to focus on the second half, which says, “… the right of the people to keep and bear Arms, shall not be infringed.” The first part of the Second Amendment, which the NRA finds too inconvenient to include, states, “A well regulated Militia, being necessary to the security of a free State …”
Was the Las Vegas shooter a member of a well-regulated militia? No. Were any of the murderers who shot up schools or religious assemblies or workplaces members of a well-regulated militia? No. And regulated — that’s an interesting word, because no thoughtful person can really argue that guns in the United States are actually regulated in any meaningful way. In this country, you can buy dozens of assault weapons. You can store enough guns and ammunition in your garage to wage a small war. Why? Because the Second Amendment has been laundered through lobbyists, and some Supreme Court justices, to mean something it does not mean.
The coalition that fans the flames of fear and promotes the idea that guns keep us safe — that the solution to gun violence is more guns — makes a shitload of money off of all this death and misery. And they will make more money off of the Las Vegas massacre.
You can murder 20 innocent children between the ages of 6 and 7 at Sandy Hook Elementary School and these villains are unmoved in their belief in the golden calf of assault rifles. “If only the teachers had been armed, those kids might be alive today. Now let’s check out our stock prices.”
Each time we’re faced with a new mass murder with guns, in this case 58 killed and more than 500 wounded, we end up in the same place: “Let’s pray. Let’s tweak this or that law. Let’s talk about using acoustic sensors to detect gunshots. Let’s put armed private security in schools. Let’s use the terrorist watchlist to deny gun purchases. Let’s have more surveillance, more religious and racial profiling.” Which is absurd, given that most mass shooters are white.
None of what most politicians and TV pundits offer up in the aftermath of these killings is going to do anything to solve the real issue: We are a nation filled to the brim with guns, including assault weapons that are actually meant for assaulting people. Not for hunting. Not for sport, unless your sport is murder.
Watch what happens in Congress in the coming days. Empty platitudes. Bullshit proposals: “We must do something about this.” And, of course, a lot of prayer. But none of that is going to change to the fact that we live in a sick society that believes guns bring us security. A nation that has been taught by powerful, twisted people that guns aren’t part of the problem. That everything except guns — and how easy they are to get — is the problem. Mental illness is the problem. Muslims are the problem. Gangbangers in Chicago are the problem. Not having a gun is the problem. And when these mass shootings happen, most of the time, the shooter is a white man. We want to know who he was, why did it, what his motive was, as we should. But compare that to how black victims of police killings are treated in the media: “Well, did they do drugs? What were they wearing? Did they have a criminal record? Did they listen to hip hop? Where are the fathers?”
After he was killed by George Zimmerman, Trayvon Martin was characterized as a thug, his hooded sweatshirt somehow evidence that he was scary or menacing. That’s how black victims are portrayed. After police shot Tamir Rice, the head of Miami’s police union called the 12-year-old a thug, saying that if you act like a thug, you’ll get treated like one.
Contrast that with some of the stories we’ve seen about the Las Vegas shooter — not victim — shooter! One headline (since changed) in the Washington Post said he “enjoyed gambling, country music, lived quiet life before massacre.” Black victim is a thug; white shooter is a character from a country western song who just happens to murder 58 people. It’s sick. And this is a pattern.
What if mass shootings carried out by white men were covered the same way that stories involving shooters of other races are covered on a daily basis in this country? White-on-white crime. Let’s investigate country music and its violent lyrics. Let’s find some white people brave enough to speak out on this pandemic of white men carrying out mass shootings at an alarming rate. And let’s make them speak for their entire race.
We all know why the narratives are different. And another thing: We’re hearing once again that this is the most deadly mass shooting in U.S. history. It’s just not true. There are several examples of white gunmen killing huge numbers of black people. The 1917 East St. Louis massacreresulted in an estimated 100 black people being shot and lynched; in 1873, between 60 and 150 black people were massacred in Colfax, Louisiana. We don’t even know the exact numbers of Native Americans killed in mass shootings since the founding of the United States: Hundreds were killed in places like Sand Creek, Clear Lake, and Wounded Knee.
Donald Trump, who boasts that he’ll be the best friend the NRA could possibly have in the White House, suddenly found God when he first addressed the Las Vegas shooting. Let’s be real: Trump’s deepest connection to the Bible is watching Charlton Heston as Moses. But religious Trump, who speaks from the Scriptures, was praised for his perfect tone across the media. Specifically, on CNN: “Just what we needed to hear.”
A big part of our problem on guns is how it’s discussed in the media. Presidents who get prayerful are praised instead of held accountable for the role they play in sustaining this nation’s gun addiction, in promoting the gun industry that profits off of murder. When the shooter is an Arab or a Muslim, they are often immediately branded as a suspected terrorist. After Las Vegas, the president and other politicians called this shooter “deranged” or “insane” or another word that’s lost all meaning — “evil.”
When it’s a Muslim shooter, it’s perfectly acceptable to talk about what the U.S. response should be: watchlisting, banning people from entering the country, surveillance of mosques. But when white people do the killing, don’t talk about guns. That’s politicizing the tragedy, disrespecting the victims. Whether it’s someone inspired by ISIS murdering his coworkers or a white man shooting up a school or a white man gunning down Sikhs because he thought they were Muslims, they all do it with guns.
We don’t need prayers. We don’t need fake unity over the tragedy. We need to look at the common factor in all of these heinous acts of mass murder: guns. Anything else is just putting a Band-Aid on a gaping, infected, and lethal wound on our society.
Labels:
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2017-06-16
A Bernie Sanders-Led Party Still Would Be an Imperialist, Pro-War Party
by Glen Ford
Black Agenda Report via Truthdig
The United States is a predator nation, conceived and settled as a thief, exterminator and enslaver of other peoples. The slave-based republic’s phenomenal geographic expansion and economic growth were predicated on the super-exploitation of stolen African labor and the ruthless expropriation of native lands through genocidal wars, an uninterrupted history of plunder glorified in earlier times as “Manifest Destiny” and now exalted as “American exceptionalism,” an inherently racist justification for international and domestic lawlessness.
Assembled, acre by bloody acre, as a metastasizing empire, the U.S. state demands fealty to its imperial project as a substitute for any genuine social contract among its inhabitants?a political culture custom-made for the rule of rich white people.
The American project has been one long war of aggression that has shaped its borders, its internal social relations, and its global outlook and ambitions. It was founded as a consciously capitalist state that competed with other European powers through direct absorption of captured lands, brutal suppression of native peoples and the fantastic accumulation of capital through a diabolically efficient system of Black chattel slavery?a 24/7 war against the slave. This system then morphed through two stages of “Jim Crow” to become a Mass Black Incarceration State?a perpetual war of political and physical containment against Black America.
Since the end of World War 2, the U.S. has assumed the role of protector of the spoils of half a millennium of European wars and occupations of the rest of the world: the organized rape of nations that we call colonialism. The first Black U.S. president, Barack Obama, was among the most aggressive defenders of white supremacy in history?defending the accumulated advantages that colonialism provided to western European nations, settler states (like the U.S.) and citizens?having launched an ongoing military offensive aimed at strangling the Chinese giant and preventing an effective Eurasian partnership with Russia. The first phase of the offensive, the crushing of Libya in 2011, allowed the United States to complete the effective military occupation of Africa, through AFRICOM.
The U.S. and its NATO allies already account for about 70 percent of global military spending, but Obama and his successor, Donald Trump, demand that Europeans increase the proportion of their economic output that goes to war. More than half of U.S. discretionary spending?the tax money that is not dedicated to mandated social and development programs?goes to what Dr. Martin Luther King 50 years ago called the “demonic, destructive suction tube” of the U.S. war machine.
The United States does not have a national health care system worthy of the name, because it is in the war business, not the health business or the social equality business. The U.S. has the weakest left, by far, of any industrialized country, because it has never escaped the racist, predatory dynamic on which it was founded, which stunted and deformed any real social contract among its peoples. In the U.S., progress is defined by global dominance of the U.S. State?chiefly in military terms?rather than domestic social development. Americans only imagine that they are materially better off than the people of other developed nations?a fallacy they assume to be the case because of U.S. global military dominance. More importantly, most white Americans feel racially entitled to the spoils of U.S. dominance as part of their patrimony, even if they don’t actually enjoy the fruits. (“WE made this country great.”) This is by no means limited to Trump voters.
Race relations in the U.S. cannot be understood outside the historical context of war, including the constant state of race war that is a central function of the U.S. State: protecting “American values,” fighting “crime” and “urban disorder,” and all the other euphemisms for preserving white supremacy.
War is not a side issue in the United States; it is the central political issue, on which all the others turn. War mania is the enemy of all social progress?especially so, when it unites disparate social forces, in opposition to their own interests, in the service of an imperialist state that is the tool of a rapacious white capitalist elite. Therefore, the orchestrated propaganda blitzkrieg against Russia by the Democratic Party, in collaboration with the corporate media and other functionaries and properties of the U.S. ruling class, marks the party as, collectively, the Warmonger-in-Chief political institution in the United States at this historical juncture. The Democrats are anathema to any politics that can be described as progressive.
Bernie Sanders is a highly valued Democrat, the party’s Outreach Director and therefore, as Paul Street writes, “the imperialist and sheep-dogging fake-socialist Democratic Party company man that some of us on the ‘hard radical’ Left said he was.” Sanders is a warmonger, not merely by association, but by virtue of his own positions. He favors more sanctions against Russia, in addition to the sanctions levied against Moscow in 2014 and 2016 for its measured response to the U.S-backed fascist coup against a democratically elected government in Ukraine. Rather than surrender to U.S. bullying, Russia came to the military aid of the sovereign and internationally recognized government of Syria in 2015, upsetting the U.S. game plan for an Islamic jihadist victory.
Back in April of this year, on NBC’s Meet The Press, Sanders purposely mimicked “The Godfather” when asked what he would do to force the Russians “to the table” in Syria:
“I think you may want to make them an offer they can’t refuse. And that means tightening the screws on them, dealing with sanctions, telling them that we need their help, they have got to come to the table and not maintain this horrific dictator.”
Of course, it is the United States that has sabotaged every international agreement to rein in its jihadist mercenaries in Syria.
Sanders is a regime-changer, which means he thinks the U.S., in combination with self-selected allies, is above international law, i.e., “exceptional.”
“We’ve got to work with countries around the world for a political solution to get rid of this guy [Syrian President Bashar al-Assad] and to finally bring peace and stability to this country, which has been so decimated.”
During the 2016 campaign, Sanders urged the U.S. to stop acting unilaterally in the region, but instead to collaborate with Syria’s Arab neighbors?as if the funding and training of jihadist fighters had not been a joint effort with Saudi Arabia and the other Gulf monarchies, all along.
According to Politico, “As late as 2002,” Sanders’ campaign website declared that “the defense budget should be cut by 50 percent over the next five years.” But all the defense-cutting air went out of his chest after Bush invaded Iraq. Nowadays, Sanders limits himself to the usual noises about Pentagon “waste,” but has no principled position against the imperial mission of the United States. “We need a strong military, it is a dangerous world,” Sanders told voters in Iowa, during the campaign.
Like Paul Street said, he’s an “imperialist ... Democratic Party company man.”
At last weekend’s People’s Summit, in Chicago, National Nurses United executive director RoseAnn DeMoro endorsed Sanders for a mission he finds impossible to accept: a run for president in 2020 on the Peoples Party ticket. Sanders already had his chance to run as a Green, and refused. He is now the second most important Democrat in the country, behind the ultra-corrupt Bill-Hillary Clinton machine?and by far the most popular. On top of that, Sanders loves being the hero of the phony left, the guy who gimmick-seeking left-liberals hope will create an instant national party for them, making it unnecessary to build a real anti-war, pro-people party from scratch to go heads up with the two corporate machines.
Sanders doesn’t even have to exert himself to string the Peoples Party folks along; they eagerly delude themselves. However, a Sanders-led Party would still be an imperialist, pro-war party.
The U.S. does need a social democratic party, but it must be anti-war. Otherwise, it commits a fraud on social democracy. The United States is the imperial superpower, the main military aggressor on the planet. Its rulers must be deprived of the political ability to spend trillions on war, and to kill millions, or they will always use the “necessity” of war to enforce austerity. The “left” domestic project will fail.
For those of us from the Black Radical Tradition, anti-imperialism is central. Solidarity with the victims of U.S. imperialism is non-negotiable, and we can make no common cause with U.S. political actors that treat war as a political side show, an “elective” issue that is separate from domestic social justice. This is not just a matter of principle, but also of practical politics. “Left” imperialism isn’t just evil. It is self-defeating and stupid.
Black Agenda Report executive editor Glen Ford can be contacted at Glen.Ford@BlackAgendaReport.com.
Black Agenda Report via Truthdig
The United States is a predator nation, conceived and settled as a thief, exterminator and enslaver of other peoples. The slave-based republic’s phenomenal geographic expansion and economic growth were predicated on the super-exploitation of stolen African labor and the ruthless expropriation of native lands through genocidal wars, an uninterrupted history of plunder glorified in earlier times as “Manifest Destiny” and now exalted as “American exceptionalism,” an inherently racist justification for international and domestic lawlessness.
Assembled, acre by bloody acre, as a metastasizing empire, the U.S. state demands fealty to its imperial project as a substitute for any genuine social contract among its inhabitants?a political culture custom-made for the rule of rich white people.
The American project has been one long war of aggression that has shaped its borders, its internal social relations, and its global outlook and ambitions. It was founded as a consciously capitalist state that competed with other European powers through direct absorption of captured lands, brutal suppression of native peoples and the fantastic accumulation of capital through a diabolically efficient system of Black chattel slavery?a 24/7 war against the slave. This system then morphed through two stages of “Jim Crow” to become a Mass Black Incarceration State?a perpetual war of political and physical containment against Black America.
Since the end of World War 2, the U.S. has assumed the role of protector of the spoils of half a millennium of European wars and occupations of the rest of the world: the organized rape of nations that we call colonialism. The first Black U.S. president, Barack Obama, was among the most aggressive defenders of white supremacy in history?defending the accumulated advantages that colonialism provided to western European nations, settler states (like the U.S.) and citizens?having launched an ongoing military offensive aimed at strangling the Chinese giant and preventing an effective Eurasian partnership with Russia. The first phase of the offensive, the crushing of Libya in 2011, allowed the United States to complete the effective military occupation of Africa, through AFRICOM.
The U.S. and its NATO allies already account for about 70 percent of global military spending, but Obama and his successor, Donald Trump, demand that Europeans increase the proportion of their economic output that goes to war. More than half of U.S. discretionary spending?the tax money that is not dedicated to mandated social and development programs?goes to what Dr. Martin Luther King 50 years ago called the “demonic, destructive suction tube” of the U.S. war machine.
The United States does not have a national health care system worthy of the name, because it is in the war business, not the health business or the social equality business. The U.S. has the weakest left, by far, of any industrialized country, because it has never escaped the racist, predatory dynamic on which it was founded, which stunted and deformed any real social contract among its peoples. In the U.S., progress is defined by global dominance of the U.S. State?chiefly in military terms?rather than domestic social development. Americans only imagine that they are materially better off than the people of other developed nations?a fallacy they assume to be the case because of U.S. global military dominance. More importantly, most white Americans feel racially entitled to the spoils of U.S. dominance as part of their patrimony, even if they don’t actually enjoy the fruits. (“WE made this country great.”) This is by no means limited to Trump voters.
Race relations in the U.S. cannot be understood outside the historical context of war, including the constant state of race war that is a central function of the U.S. State: protecting “American values,” fighting “crime” and “urban disorder,” and all the other euphemisms for preserving white supremacy.
War is not a side issue in the United States; it is the central political issue, on which all the others turn. War mania is the enemy of all social progress?especially so, when it unites disparate social forces, in opposition to their own interests, in the service of an imperialist state that is the tool of a rapacious white capitalist elite. Therefore, the orchestrated propaganda blitzkrieg against Russia by the Democratic Party, in collaboration with the corporate media and other functionaries and properties of the U.S. ruling class, marks the party as, collectively, the Warmonger-in-Chief political institution in the United States at this historical juncture. The Democrats are anathema to any politics that can be described as progressive.
Bernie Sanders is a highly valued Democrat, the party’s Outreach Director and therefore, as Paul Street writes, “the imperialist and sheep-dogging fake-socialist Democratic Party company man that some of us on the ‘hard radical’ Left said he was.” Sanders is a warmonger, not merely by association, but by virtue of his own positions. He favors more sanctions against Russia, in addition to the sanctions levied against Moscow in 2014 and 2016 for its measured response to the U.S-backed fascist coup against a democratically elected government in Ukraine. Rather than surrender to U.S. bullying, Russia came to the military aid of the sovereign and internationally recognized government of Syria in 2015, upsetting the U.S. game plan for an Islamic jihadist victory.
Back in April of this year, on NBC’s Meet The Press, Sanders purposely mimicked “The Godfather” when asked what he would do to force the Russians “to the table” in Syria:
“I think you may want to make them an offer they can’t refuse. And that means tightening the screws on them, dealing with sanctions, telling them that we need their help, they have got to come to the table and not maintain this horrific dictator.”
Of course, it is the United States that has sabotaged every international agreement to rein in its jihadist mercenaries in Syria.
Sanders is a regime-changer, which means he thinks the U.S., in combination with self-selected allies, is above international law, i.e., “exceptional.”
“We’ve got to work with countries around the world for a political solution to get rid of this guy [Syrian President Bashar al-Assad] and to finally bring peace and stability to this country, which has been so decimated.”
During the 2016 campaign, Sanders urged the U.S. to stop acting unilaterally in the region, but instead to collaborate with Syria’s Arab neighbors?as if the funding and training of jihadist fighters had not been a joint effort with Saudi Arabia and the other Gulf monarchies, all along.
According to Politico, “As late as 2002,” Sanders’ campaign website declared that “the defense budget should be cut by 50 percent over the next five years.” But all the defense-cutting air went out of his chest after Bush invaded Iraq. Nowadays, Sanders limits himself to the usual noises about Pentagon “waste,” but has no principled position against the imperial mission of the United States. “We need a strong military, it is a dangerous world,” Sanders told voters in Iowa, during the campaign.
Like Paul Street said, he’s an “imperialist ... Democratic Party company man.”
At last weekend’s People’s Summit, in Chicago, National Nurses United executive director RoseAnn DeMoro endorsed Sanders for a mission he finds impossible to accept: a run for president in 2020 on the Peoples Party ticket. Sanders already had his chance to run as a Green, and refused. He is now the second most important Democrat in the country, behind the ultra-corrupt Bill-Hillary Clinton machine?and by far the most popular. On top of that, Sanders loves being the hero of the phony left, the guy who gimmick-seeking left-liberals hope will create an instant national party for them, making it unnecessary to build a real anti-war, pro-people party from scratch to go heads up with the two corporate machines.
Sanders doesn’t even have to exert himself to string the Peoples Party folks along; they eagerly delude themselves. However, a Sanders-led Party would still be an imperialist, pro-war party.
The U.S. does need a social democratic party, but it must be anti-war. Otherwise, it commits a fraud on social democracy. The United States is the imperial superpower, the main military aggressor on the planet. Its rulers must be deprived of the political ability to spend trillions on war, and to kill millions, or they will always use the “necessity” of war to enforce austerity. The “left” domestic project will fail.
For those of us from the Black Radical Tradition, anti-imperialism is central. Solidarity with the victims of U.S. imperialism is non-negotiable, and we can make no common cause with U.S. political actors that treat war as a political side show, an “elective” issue that is separate from domestic social justice. This is not just a matter of principle, but also of practical politics. “Left” imperialism isn’t just evil. It is self-defeating and stupid.
Black Agenda Report executive editor Glen Ford can be contacted at Glen.Ford@BlackAgendaReport.com.
2017-05-12
Colin Kaepernick’s Message to Chicago Youth: ‘Know Your Rights’
by Dave Zirin
The Nation
NFL quarterback took his Know Your Rights Camp to the South Side of Chicago. Here is an exclusive look inside.

It starts with Colin Kaepernick. The free-agent NFL quarterback came to the South Side of Chicago last Saturday to hold one of his Know Your Rights Camps: full-day youth seminars that Kaepernick organizes, funds, and emcees. Already staged in New York City and the Bay Area, with more cities to come, these are not open events for sports fans, the press, or random people. Their aim is to speak directly to black, brown, and economically disadvantaged youth, invited through local community organizations, about history, nutrition, legal rights, and financial literacy. As Kaepernick said to me, “Every city has grassroots resources. Our goal is to raise awareness about those resources and help young people access them to empower themselves and the people around them.”
It might start with Colin Kaepernick, but it doesn’t end with him. There is a young multiracial network of roughly 50 Know Your Rights volunteers. They have flown in from all over country to handle logistics at the event’s site, the DuSable Museum of African American History in Hyde Park. These are people like Kerem from Orange County who said, “This message is about equal rights. Often people in underserved communities don’t understand that they have these rights and they need to claim them…. Colin has sacrificed a lot to get to this point. It shows he is passionate about this and we all feed from that.”
Another volunteer, someone just hanging out in a Know Your Rights T-shirt, was Kaepernick’s San Francisco 49ers teammate Eric Reid. “I came here to support Colin,” he said to me. “I want to show these kids that there are people who want them to succeed despite how they may feel when they go to school. But I also came here to learn.”
Reid also spoke about the last season of anthem protests, where he kneeled alongside Kaepernick. He explained in a quiet but proud voice, “All we wanted to do was expand the discussion. People were being killed by police and we wanted that recognized and discussed. And I think we accomplished that.”
The day started with breakfast: eggs, yogurt, biscuits, and fruit for the 200 young people who were at the door by 9:00 am. A 12-year-old named Daymien gave up the opening game of his baseball season to attend. “I wanted to play today, but I think this is more important,” he said. “I wanted to come here for knowledge and learn my history.” In addition to the breakfasts and lunches provided, young people were given T-shirts that read “Know Your Rights” on the front. On the back, the shirts listed the following 10 points:
YOU HAVE THE RIGHT TO BE FREE.
YOU HAVE THE RIGHT TO BE HEALTHY.
YOU HAVE THE RIGHT TO BE BRILLIANT.
YOU HAVE THE RIGHT TO BE SAFE.
YOU HAVE THE RIGHT TO BE LOVED.
YOU HAVE THE RIGHT TO BE COURAGEOUS.
YOU HAVE THE RIGHT TO BE ALIVE.
YOU HAVE THE RIGHT TO BE TRUSTED.
YOU HAVE THE RIGHT TO BE EDUCATED.
YOU HAVE THE RIGHT TO KNOW YOUR RIGHTS.
The free breakfasts and the 10 points both derive, intentionally, from the political legacy of the Black Panthers. I spoke with Ameer Loggins, a young writer and PhD candidate at Cal-Berkeley who helped develop the Know Your Rights curriculum as well as the ten-point plan. “This is an extension of the Freedom Schools of the civil-rights movement, the Panther schools, and all non-institutional educational programs that go out into the communities. The only difference is that we are mobile and we are associated with Colin, and that puts it on a different kind of platform.” As this camp was in Chicago, the particulars of the city’s history and policing were central to the agenda.
After breakfast Kaepernick introduced the day, saying, “We are here to uplift each other. We also have great speakers and guests who are here for no other reason than that they love you and they want to support you.”
He then brought out “one of the great men of Chicago,” hip-hop icon Common, who flew in just for the camp and stayed the entire six-hour day. Common said, “I’m honored to be here. I’m here because last September I saw Colin Kaepernick standing up for us as a people. I thought, ‘Man that’s one of the most courageous acts I’ve seen by someone in the spotlight since Muhammad Ali.’ I’ve always said that Muhammad Ali was one of my heroes, so now I have to say that Colin Kaepernick is one of my heroes. But it’s not just Colin now. He has a team. We have a team: The Know Your Rights team speaking about how we can exist not only to fight but to elevate and reach our goals and dreams…to go out there and be the kings and queens we were created to be. I want each and every one of you to know that we care and I want you to listen, ask questions and take notes today, and as then go out onto our city and spread the message for people who aren’t here.”
The first speaker was the aforementioned Ameer Loggins, who gave a college-level seminar on Chicago history, segregation, and structural racism. Loggins said, “Chicago is the most segregated city in the United States and no one talks about the effects of that in 2017. We talk about Selma and Jim Crow and the harm of segregation in the past but not the present. It’s not just segregation of space. It’s a segregation of resources and economics, food access, and property ownership…. Even if you say, ‘We had a black mayor, and Barack lives in Chicago,’ it doesn’t trickle down. People say we made it, but if our community doesn’t collectively benefit with resources, what the hell did we make it for?”
After going through the effects of 21st-century segregation?how it puts a person in a penned-in environment where they can be policed, subjected to violence, and denied resources?he made the argument that “young people just like you” made the civil-rights movement by “contesting segregated space,” and said, “You have the same power. Turn your segregated space into contested space. Don’t just sit there and take it. You don’t need to break windows. Arm yourself with enough knowledge and you can whip ass with your brain.”
It was rousing and, by my informal polling, a highlight for the students in attendance. One young woman said to me, “I wish my social-studies teacher was here taking notes.”
After Loggins, Kaepernick returned to the stage to underline the message, saying, “We are trying to show you what you are dealing with so you can combat it.” Then he introduced the next speakers. “We are now bringing out the legal defense team so you can protect yourselves, protect your family, protect your communities.”
Out came Guillermo Gutierrez and Charles Jones from First Defense Legal Aid, with the message that “Chicago is the false-confession capital of world.” To drive the point home, these “street attorneys” educated the students about Jon Burge, the South Side police officer and now convicted felon who tortured confessions out of more than 200 suspects between 1972 and 1991.
They said that the future of some people in the room could depend on knowing their rights when approached by law enforcement, and hammered home what to say if stopped by police. “First and foremost, you always have the right to ask, ‘Am I free to go?’ That is your constitutional right. If they say ‘no,’ you have the right to say, ‘I do not consent to be searched.’ If you don’t say those words, they can and will search you.”
Then they stressed, “Always remain silent. Call us. Have an attorney present. That is your right.”
Gutierrez and Jones made the students repeat their hotline number?1 (800) Law-Rep4?as well as promise to distribute cards with the number to family and friends.
Students asked about retaliation from police if they invoked these rights, concerned that they would be pegged as uncooperative. The First Defense Legal Aid performed skits to show not only how to resist any police coercion but also how to articulate their rights to minimize conflict.
Kaepernick came out and reinforced the point, saying, “So if an officer stops you, what do you say?” The students all said as one, “Am I free to go?’”
Then Kaepernick became an organizer?or the world’s chillest public-school administrator?dividing the students into breakout sessions that would cover “holistic health” and “financial literacy,” directing them into what rooms to go to by colored wrist-bands they received upon registration. He also said, “Remember, we have snacks that you can grab between sessions. But please, no eating in the auditorium.”
Yareli Quintana, a food consultant and spirited speaker, then took the stage to speak about making intelligent eating choices and how to take “baby steps” for healthier living. She made the case that food is self-determination and to integrate fruits and vegetables into their diets to better develop their minds. She even did a PowerPoint presentation about how different foods affect the brain. Kaepernick came up afterward and said, “we will have a resource map for you so you can find community gardens that grow their own healthy foods.”
The emphasis on healthy choices was evident throughout the day. One of the more harrowing moments came when radio host Ebro Darden asked the students, “How many of you have eaten fast food three times this week?” Almost the entire room raised their hands. Then he asked, “How many of you have members of your family with cancer or diabetes?” Again, almost the entire room raised their hands.
The talk of community gardens and, in the financial-literacy section, the importance of dressing and speaking in a professional manner, also produced a robust debate about whether it was realistic for these students to even find healthy food, save money, or dress a certain way, and whether those kinds of personal choices could beat back oppression. It was the century-old debate about what is known as “respectability politics”?whether racism needs to be fought systemically or by changing individual habits. Different speakers articulated different sides of this, with the students chiming in as well.
The substance of this discussion was perhaps less important than the fact that the dialogue was open, intense, but also friendly: a display for the young people in the audience of what debate looks like and how adults can disagree without being disagreeable. The students shaped this debate by speaking about their own experiences, what was realistic for them and what was not.
Kaepernick ended the day by speaking to the students about his own journey. He talked about growing up as the adopted son in an all-white home. He said, “I love my family to death. They’re the most amazing people I know. But when I looked in the mirror, I knew I was different. Learning what it meant to be an African man in America, not a black man but an African man, was critical for me. Through this knowledge, I was able to identify myself and my community differently…
“I thought I was from Milwaukee. I thought my ancestry started at slavery and I was taught in school that we were all supposed to be grateful just because we aren’t slaves. But what I was able to do was trace my ancestry and DNA lineage back to Ghana, Nigeria, the Ivory Coast, and saw my existence was more than just being a slave. It was as an African man. We had our own civilizations, and I want you to know how high the ceiling is for our people. I want you to know that our existence now is not normal. It’s oppressive. For me, identifying with Africa gave me a higher sense of who I was, knowing that we have a proud history and are all in this together.”
Then he took a deep breath and said, “This was so important for me and I want to share it with you. So when you leave, you are all getting backpacks, and inside of them are Ancestry DNA kits so you can trace your ancestry and connect with your lost relatives who may have taken this test as well.”
The students exploded with joy upon hearing this. I was told there was a similar reaction in Oakland and New York.
Then he said, “I love you guys. I appreciate you. Build with each other. Because you will be this community moving forward.”
Afterwards, I spoke to Kaepernick at some length. He is training every day for the 2017 season and, optimistic that his hard work and stellar 2016 season will be rewarded, believes that he will find an NFL home. But we kept the conversation focused on the camp.
“I thought it was amazing,” he said. “Every time we do an event, leading up to it, I’m always a little bit nervous. ‘Do we have everything in line? Are the Ts crossed and the Is dotted?’ But once the program starts running, you see the kids having fun and and absorbing what we are saying. That’s the win for us…to see them get the tools to navigate an oppressive society.”
He compared the Know Your Rights team to a football squad: “It’s the same sense of camaraderie. Building toward a common goal. And in this space we are trying to help communities that are oppressed. That’s what we want. We want to show that we can build with each other and love each other because in oppressed communities no one is going to help them but themselves. It’s so exciting to see it come together.” He then smiled so wide and looked so relaxed, I thought he would float to the ceiling. “It’s a very liberating thing to feel. It’s hard to explain.”
One thing we did not talk about was whether he was being politically blackballed by the league for his political ideas and activism. There was no need. After spending the day with Colin Kaepernick, all I could think about was a quote from Bill Russell in 1967 when he was asked about how Muhammad Ali was coping with being stripped of the heavyweight title. Russell said, “I’m not worried about Muhammad Ali. I’m worried about the rest of us.”
I’m not worried about Colin Kaepernick. As for “the rest of us,” we’ve got work to do.
The Nation
NFL quarterback took his Know Your Rights Camp to the South Side of Chicago. Here is an exclusive look inside.

It starts with Colin Kaepernick. The free-agent NFL quarterback came to the South Side of Chicago last Saturday to hold one of his Know Your Rights Camps: full-day youth seminars that Kaepernick organizes, funds, and emcees. Already staged in New York City and the Bay Area, with more cities to come, these are not open events for sports fans, the press, or random people. Their aim is to speak directly to black, brown, and economically disadvantaged youth, invited through local community organizations, about history, nutrition, legal rights, and financial literacy. As Kaepernick said to me, “Every city has grassroots resources. Our goal is to raise awareness about those resources and help young people access them to empower themselves and the people around them.”
It might start with Colin Kaepernick, but it doesn’t end with him. There is a young multiracial network of roughly 50 Know Your Rights volunteers. They have flown in from all over country to handle logistics at the event’s site, the DuSable Museum of African American History in Hyde Park. These are people like Kerem from Orange County who said, “This message is about equal rights. Often people in underserved communities don’t understand that they have these rights and they need to claim them…. Colin has sacrificed a lot to get to this point. It shows he is passionate about this and we all feed from that.”
Another volunteer, someone just hanging out in a Know Your Rights T-shirt, was Kaepernick’s San Francisco 49ers teammate Eric Reid. “I came here to support Colin,” he said to me. “I want to show these kids that there are people who want them to succeed despite how they may feel when they go to school. But I also came here to learn.”
Reid also spoke about the last season of anthem protests, where he kneeled alongside Kaepernick. He explained in a quiet but proud voice, “All we wanted to do was expand the discussion. People were being killed by police and we wanted that recognized and discussed. And I think we accomplished that.”
The day started with breakfast: eggs, yogurt, biscuits, and fruit for the 200 young people who were at the door by 9:00 am. A 12-year-old named Daymien gave up the opening game of his baseball season to attend. “I wanted to play today, but I think this is more important,” he said. “I wanted to come here for knowledge and learn my history.” In addition to the breakfasts and lunches provided, young people were given T-shirts that read “Know Your Rights” on the front. On the back, the shirts listed the following 10 points:
YOU HAVE THE RIGHT TO BE FREE.
YOU HAVE THE RIGHT TO BE HEALTHY.
YOU HAVE THE RIGHT TO BE BRILLIANT.
YOU HAVE THE RIGHT TO BE SAFE.
YOU HAVE THE RIGHT TO BE LOVED.
YOU HAVE THE RIGHT TO BE COURAGEOUS.
YOU HAVE THE RIGHT TO BE ALIVE.
YOU HAVE THE RIGHT TO BE TRUSTED.
YOU HAVE THE RIGHT TO BE EDUCATED.
YOU HAVE THE RIGHT TO KNOW YOUR RIGHTS.
The free breakfasts and the 10 points both derive, intentionally, from the political legacy of the Black Panthers. I spoke with Ameer Loggins, a young writer and PhD candidate at Cal-Berkeley who helped develop the Know Your Rights curriculum as well as the ten-point plan. “This is an extension of the Freedom Schools of the civil-rights movement, the Panther schools, and all non-institutional educational programs that go out into the communities. The only difference is that we are mobile and we are associated with Colin, and that puts it on a different kind of platform.” As this camp was in Chicago, the particulars of the city’s history and policing were central to the agenda.
After breakfast Kaepernick introduced the day, saying, “We are here to uplift each other. We also have great speakers and guests who are here for no other reason than that they love you and they want to support you.”
He then brought out “one of the great men of Chicago,” hip-hop icon Common, who flew in just for the camp and stayed the entire six-hour day. Common said, “I’m honored to be here. I’m here because last September I saw Colin Kaepernick standing up for us as a people. I thought, ‘Man that’s one of the most courageous acts I’ve seen by someone in the spotlight since Muhammad Ali.’ I’ve always said that Muhammad Ali was one of my heroes, so now I have to say that Colin Kaepernick is one of my heroes. But it’s not just Colin now. He has a team. We have a team: The Know Your Rights team speaking about how we can exist not only to fight but to elevate and reach our goals and dreams…to go out there and be the kings and queens we were created to be. I want each and every one of you to know that we care and I want you to listen, ask questions and take notes today, and as then go out onto our city and spread the message for people who aren’t here.”
The first speaker was the aforementioned Ameer Loggins, who gave a college-level seminar on Chicago history, segregation, and structural racism. Loggins said, “Chicago is the most segregated city in the United States and no one talks about the effects of that in 2017. We talk about Selma and Jim Crow and the harm of segregation in the past but not the present. It’s not just segregation of space. It’s a segregation of resources and economics, food access, and property ownership…. Even if you say, ‘We had a black mayor, and Barack lives in Chicago,’ it doesn’t trickle down. People say we made it, but if our community doesn’t collectively benefit with resources, what the hell did we make it for?”
After going through the effects of 21st-century segregation?how it puts a person in a penned-in environment where they can be policed, subjected to violence, and denied resources?he made the argument that “young people just like you” made the civil-rights movement by “contesting segregated space,” and said, “You have the same power. Turn your segregated space into contested space. Don’t just sit there and take it. You don’t need to break windows. Arm yourself with enough knowledge and you can whip ass with your brain.”
It was rousing and, by my informal polling, a highlight for the students in attendance. One young woman said to me, “I wish my social-studies teacher was here taking notes.”
After Loggins, Kaepernick returned to the stage to underline the message, saying, “We are trying to show you what you are dealing with so you can combat it.” Then he introduced the next speakers. “We are now bringing out the legal defense team so you can protect yourselves, protect your family, protect your communities.”
Out came Guillermo Gutierrez and Charles Jones from First Defense Legal Aid, with the message that “Chicago is the false-confession capital of world.” To drive the point home, these “street attorneys” educated the students about Jon Burge, the South Side police officer and now convicted felon who tortured confessions out of more than 200 suspects between 1972 and 1991.
They said that the future of some people in the room could depend on knowing their rights when approached by law enforcement, and hammered home what to say if stopped by police. “First and foremost, you always have the right to ask, ‘Am I free to go?’ That is your constitutional right. If they say ‘no,’ you have the right to say, ‘I do not consent to be searched.’ If you don’t say those words, they can and will search you.”
Then they stressed, “Always remain silent. Call us. Have an attorney present. That is your right.”
Gutierrez and Jones made the students repeat their hotline number?1 (800) Law-Rep4?as well as promise to distribute cards with the number to family and friends.
Students asked about retaliation from police if they invoked these rights, concerned that they would be pegged as uncooperative. The First Defense Legal Aid performed skits to show not only how to resist any police coercion but also how to articulate their rights to minimize conflict.
Kaepernick came out and reinforced the point, saying, “So if an officer stops you, what do you say?” The students all said as one, “Am I free to go?’”
Then Kaepernick became an organizer?or the world’s chillest public-school administrator?dividing the students into breakout sessions that would cover “holistic health” and “financial literacy,” directing them into what rooms to go to by colored wrist-bands they received upon registration. He also said, “Remember, we have snacks that you can grab between sessions. But please, no eating in the auditorium.”
Yareli Quintana, a food consultant and spirited speaker, then took the stage to speak about making intelligent eating choices and how to take “baby steps” for healthier living. She made the case that food is self-determination and to integrate fruits and vegetables into their diets to better develop their minds. She even did a PowerPoint presentation about how different foods affect the brain. Kaepernick came up afterward and said, “we will have a resource map for you so you can find community gardens that grow their own healthy foods.”
The emphasis on healthy choices was evident throughout the day. One of the more harrowing moments came when radio host Ebro Darden asked the students, “How many of you have eaten fast food three times this week?” Almost the entire room raised their hands. Then he asked, “How many of you have members of your family with cancer or diabetes?” Again, almost the entire room raised their hands.
The talk of community gardens and, in the financial-literacy section, the importance of dressing and speaking in a professional manner, also produced a robust debate about whether it was realistic for these students to even find healthy food, save money, or dress a certain way, and whether those kinds of personal choices could beat back oppression. It was the century-old debate about what is known as “respectability politics”?whether racism needs to be fought systemically or by changing individual habits. Different speakers articulated different sides of this, with the students chiming in as well.
The substance of this discussion was perhaps less important than the fact that the dialogue was open, intense, but also friendly: a display for the young people in the audience of what debate looks like and how adults can disagree without being disagreeable. The students shaped this debate by speaking about their own experiences, what was realistic for them and what was not.
Kaepernick ended the day by speaking to the students about his own journey. He talked about growing up as the adopted son in an all-white home. He said, “I love my family to death. They’re the most amazing people I know. But when I looked in the mirror, I knew I was different. Learning what it meant to be an African man in America, not a black man but an African man, was critical for me. Through this knowledge, I was able to identify myself and my community differently…
“I thought I was from Milwaukee. I thought my ancestry started at slavery and I was taught in school that we were all supposed to be grateful just because we aren’t slaves. But what I was able to do was trace my ancestry and DNA lineage back to Ghana, Nigeria, the Ivory Coast, and saw my existence was more than just being a slave. It was as an African man. We had our own civilizations, and I want you to know how high the ceiling is for our people. I want you to know that our existence now is not normal. It’s oppressive. For me, identifying with Africa gave me a higher sense of who I was, knowing that we have a proud history and are all in this together.”
Then he took a deep breath and said, “This was so important for me and I want to share it with you. So when you leave, you are all getting backpacks, and inside of them are Ancestry DNA kits so you can trace your ancestry and connect with your lost relatives who may have taken this test as well.”
The students exploded with joy upon hearing this. I was told there was a similar reaction in Oakland and New York.
Then he said, “I love you guys. I appreciate you. Build with each other. Because you will be this community moving forward.”
Afterwards, I spoke to Kaepernick at some length. He is training every day for the 2017 season and, optimistic that his hard work and stellar 2016 season will be rewarded, believes that he will find an NFL home. But we kept the conversation focused on the camp.
“I thought it was amazing,” he said. “Every time we do an event, leading up to it, I’m always a little bit nervous. ‘Do we have everything in line? Are the Ts crossed and the Is dotted?’ But once the program starts running, you see the kids having fun and and absorbing what we are saying. That’s the win for us…to see them get the tools to navigate an oppressive society.”
He compared the Know Your Rights team to a football squad: “It’s the same sense of camaraderie. Building toward a common goal. And in this space we are trying to help communities that are oppressed. That’s what we want. We want to show that we can build with each other and love each other because in oppressed communities no one is going to help them but themselves. It’s so exciting to see it come together.” He then smiled so wide and looked so relaxed, I thought he would float to the ceiling. “It’s a very liberating thing to feel. It’s hard to explain.”
One thing we did not talk about was whether he was being politically blackballed by the league for his political ideas and activism. There was no need. After spending the day with Colin Kaepernick, all I could think about was a quote from Bill Russell in 1967 when he was asked about how Muhammad Ali was coping with being stripped of the heavyweight title. Russell said, “I’m not worried about Muhammad Ali. I’m worried about the rest of us.”
I’m not worried about Colin Kaepernick. As for “the rest of us,” we’ve got work to do.
2017-02-20
James Baldwin and the Meaning of Whiteness
Chris Hedges - Truthdig
Raoul Peck’s “I Am Not Your Negro” is one of the finest documentaries I have ever seen
I would have stayed in the theater in New York to see the film again if the next showing had not been sold out. The newly released film powerfully illustrates, through James Baldwin’s prophetic work, that the insanity now gripping the United States is an inevitable consequence of white Americans’ steadfast failure to confront where they came from, who they are and the lies and myths they use to mask past and present crimes. Baldwin’s only equal as a 20th century essayist is George Orwell. If you have not read Baldwin you probably do not fully understand America. Especially now.
History “is not the past,” the film quotes Baldwin as saying. “History is the present. We carry our history with us. To think otherwise is criminal.”
The script is taken from Baldwin’s notes, essays, interviews and letters, with some of the words delivered in Baldwin’s voice from audio recordings and televised footage, some of them in readings by actor Samuel L. Jackson. But it is not, finally, the poetry and lyricism of Baldwin that make the film so moving. It is Peck’s understanding of the core of Baldwin’s message to the white race, a message that is vital to grasp as we struggle with an overt racist as president, mass incarceration, poverty gripping half the country and militarized police murdering unarmed black men and women in the streets of our cities.
Whiteness is a dangerous concept. It is not about skin color. It is not even about race. It is about the willful blindness used to justify white supremacy. It is about using moral rhetoric to defend exploitation, racism, mass murder, reigns of terror and the crimes of empire.
“The American Negro has the great advantage of having never believed the collection of myths to which white Americans cling: that their ancestors were all freedom-loving heroes, that they were born in the greatest country the world has ever seen, or that Americans are invincible in battle and wise in peace, that Americans have always dealt honorably with Mexicans and Indians and all other neighbors or inferiors, that American men are the world’s most direct and virile, that American women are pure,” Baldwin wrote. “Negroes know far more about white Americans than that; it can almost be said, in fact, that they know about white Americans what parents?or, anyway, mothers?know about their children, and that they very often regard white Americans that way. And perhaps this attitude, held in spite of what they know and have endured, helps to explain why Negroes, on the whole, and until lately, have allowed themselves to feel so little hatred. The tendency has really been, insofar as this was possible, to dismiss white people as the slightly mad victims of their own brainwashing.”
America was founded on the genocidal slaughter of indigenous people and the holocaust of slavery. It was also founded on an imagined moral superiority and purity. The fact that dominance of others came, and still comes, from unrestrained acts of violence is washed out of the national narrative. The steadfast failure to face the truth, Baldwin warned, perpetuates a kind of collective psychosis. Unable to face the truth, white Americans stunt and destroy their capacity for self-reflection and self-criticism. They construct a world of dangerous, self-serving fantasy. Those who imbibe the myth of whiteness externalize evil?their own evil?onto their victims. Racism, Baldwin understood, is driven by moral bankruptcy, narcissism, an inner loneliness and latent guilt. Donald Trump and most of those around him exhibit all of these characteristics.
“If Americans were not so terrified of their private selves, they would never have needed to invent and could never have become so dependent on what they still call ‘the Negro problem,’ ” Baldwin wrote. “This problem, which they invented in order to safeguard their purity, has made of them criminals and monsters, and it is destroying them; and this not from anything blacks may or may not be doing but because of the role a guilty and constricted white imagination has assigned to the blacks.”
“People pay for what they do, and, still more for what they allowed themselves to become,” Baldwin went on. “And they pay for it very simply by the lives they lead. The crucial thing, here, is that the sum of these individual abdications menaces life all over the world. For, in the generality, as social and moral and political and sexual entities, white Americans are probably the sickest and certainly the most dangerous people, of any color, to be found in the world today.”
Footage in the Peck documentary of past murder cases including the 1955 lynching of the 14-year-old Emmett Till is interspersed with the modern-day lynching of young black men such as Michael Brown and Freddie Gray. Images of white supremacist parades from the 1960s, with young men carrying signs proclaiming “Keep America White,” shift directly to footage of Ferguson, Mo. This juxtaposition is almost too much to bear. If it does not shake you to the core you have no heart and no understanding of who we are in America.
The film begins with Baldwin’s 1957 return from France, where he had been living for almost a decade. He comes back to join the nascent civil rights movement. He was deeply disturbed by a photograph of Dorothy Counts, 15, surrounded by a mob of whites spitting and screaming racial slurs as she walked into a newly desegregated high school in Charlotte, N.C.
“I could simply no longer sit around Paris discussing the Algerian and the black American problem,” he said. “Everybody was paying their dues, and it was time I went home and paid mine.”
In short, he returned to the United States so that black children like Dorothy Counts would not have to walk alone through a sea of racial hatred.
He spoke and participated in hundreds of events for the Congress of Racial Equality and the Student Nonviolent Coordinating Committee. Martin Luther King Jr.’s Southern Christian Leadership Conference, however, largely held him at arm’s length. Baldwin was too independent and outspoken about the truth. His words made King’s Northern white liberal supporters uncomfortable. Baldwin was supposed to speak at the 1963 March on Washington, but King and the other leaders of the march replaced him with the actor Burt Lancaster. Baldwin steadfastly refused to be anyone’s “negro.”
Baldwin was, like Orwell, an astute critic of modern culture and how it justifies the crimes of racism and imperialism. In his book “The Devil Finds Work” he pits Hollywood’s vision of race against the reality. The Peck documentary shows clips from films Baldwin critiqued in the book including “The Birth of a Nation” (a 1915 movie Baldwin called “an elaborate justification of mass murder”), “Dance, Fools, Dance” (1931), “The Monster Walks” (1932), “King Kong” (1933), “Imitation of Life” (1934), “They Won’t Forget” (1937), “Stagecoach” (1939), “The Defiant Ones” (1958), “Lover Come Back” (1961), “A Raisin in the Sun” (1961) and “Guess Who’s Coming to Dinner” (1967). In film after film Baldwin pointed to the ingrained racial stereotypes of African-Americans in popular culture that sustain the lie of whiteness.
Blacks were, and often still are, portrayed by mass culture as lazy and childlike, therefore needing white parental supervision and domination, or as menacing and violent sexual predators who needed to be eliminated. These Hollywood stereotypes, Baldwin knew, existed as foils for an imagined white purity, decency and innocence. They buttressed the myth of a nation devoted to the ideals of justice, liberty and democracy. The oppressed, because of their supposed character defects, were the architects of their own oppression. Oppression was for their own good. Racism was a form of benevolence. Baldwin warned that not facing these lies would see America consume itself.
In “The Devil Finds Work” Baldwin also wrote about the film “A Tale of Two Cities” (1935). He had read the novel by Charles Dickens “obsessively” as a boy to understand “the question of what it meant to be a nigger.” This novel and other novels he consumed, such as “Crime and Punishment,” spoke of the oppressed. He knew that the oppression of the characters in these stories had “something to do with my own.” The books “had something to tell me.” He wrote:
I was haunted, for example, by Alexandre Manette’s document, in A Tale of Two Cities, describing the murder of a peasant boy?who, dying, speaks: “I say, we were so robbed, and hunted, and were made so poor, that our father told us it was a dreadful thing to bring a child into this world, and that what we should most pray for was that our women might be barren and our miserable race die out!” (“I had never before,” observes Dr. Manette, “seen the sense of being oppressed, bursting forth like a fire.”)
Dickens has not seen it all. The wretched of the earth do not decide to become extinct, they resolve, on the contrary, to multiply: life is their only weapon against life, life is all that they have. This is why the dispossessed and starving will never be convinced (though some may be coerced) by the population-control programs of the civilized. I have watched the dispossessed and starving laboring in the fields which others own with their transistor radios at their ear, all day long: so they learn, for example, along with equally weighty matters, that the Pope, one of the heads of the civilized world, forbids to the civilized that abortion which is being, literally, forced on them, the wretched. The civilized have created the wretched quite coldly, and deliberately, and do not intend to change the status quo; are responsible for their slaughter and enslavement; rain down bombs on defenseless children whenever and wherever they decide that their “vital interests” are menaced, and think nothing of torturing a man to death; these people are not to be taken seriously when they speak of the “sanctity” of human life, or the “conscience” of the civilized world. There is a “sanctity” involved with bringing a child into this world: it is better than bombing one out of it. Dreadful indeed it is to see a starving child, but the answer to that is not to prevent the child’s arrival but to restructure the world so that the child can live in it: so that the “vital interest” of the world becomes nothing less than the life of the child.
Nearly all African-Americans carry within them white blood, usually the result of white rape. White slaveholders routinely sold mixed-race children?their own children?into slavery. Baldwin knew the failure to acknowledge the melding of the black and white races that can be seen in nearly every African-American face, a melding that makes African-Americans literally the brothers and sisters of whites. African-Americans, Baldwin wrote, are the “bastard” children of white America. They constitute a peculiarly and uniquely American race.
“The truth is this country does not know what to do with its black population,” he said. “Americans can’t face the fact that I am flesh of their flesh.”
White supremacy is not defined, he wrote, by intelligence or virtue. The white race continues to dominate other races because it has always controlled the most efficient killing mechanisms on the planet. It used, and uses, its industrial weapons to carry out mass murder, genocide, subjugation and exploitation, whether on slave plantations, on the Trail of Tears, at Wounded Knee, in the Philippines and Vietnam, in cities such as Baltimore and Ferguson or in our endless wars across the Middle East.
The true credo of the white race is we have everything, and if you try to take any of it from us we will kill you. This is the essential meaning of whiteness. As the white race turns on itself in an age of diminishing resources it is in the vital interest of the white underclass to understand what its elites and its empire are actually about. These lies, Baldwin warned, will ultimately have fatal consequences for America.
“There are days, this is one of them, when you wonder what your role is in this country and what your future is in it,” Baldwin said. “How precisely you’re going to reconcile yourself to your situation here and how you are going to communicate to the vast, heedless, unthinking, cruel white majority that you are here. I’m terrified at the moral apathy?the death of the heart?which is happening in my country. These people have deluded themselves for so long that they really don’t think I’m human.”
Raoul Peck’s “I Am Not Your Negro” is one of the finest documentaries I have ever seen
I would have stayed in the theater in New York to see the film again if the next showing had not been sold out. The newly released film powerfully illustrates, through James Baldwin’s prophetic work, that the insanity now gripping the United States is an inevitable consequence of white Americans’ steadfast failure to confront where they came from, who they are and the lies and myths they use to mask past and present crimes. Baldwin’s only equal as a 20th century essayist is George Orwell. If you have not read Baldwin you probably do not fully understand America. Especially now.
History “is not the past,” the film quotes Baldwin as saying. “History is the present. We carry our history with us. To think otherwise is criminal.”
The script is taken from Baldwin’s notes, essays, interviews and letters, with some of the words delivered in Baldwin’s voice from audio recordings and televised footage, some of them in readings by actor Samuel L. Jackson. But it is not, finally, the poetry and lyricism of Baldwin that make the film so moving. It is Peck’s understanding of the core of Baldwin’s message to the white race, a message that is vital to grasp as we struggle with an overt racist as president, mass incarceration, poverty gripping half the country and militarized police murdering unarmed black men and women in the streets of our cities.
Whiteness is a dangerous concept. It is not about skin color. It is not even about race. It is about the willful blindness used to justify white supremacy. It is about using moral rhetoric to defend exploitation, racism, mass murder, reigns of terror and the crimes of empire.
“The American Negro has the great advantage of having never believed the collection of myths to which white Americans cling: that their ancestors were all freedom-loving heroes, that they were born in the greatest country the world has ever seen, or that Americans are invincible in battle and wise in peace, that Americans have always dealt honorably with Mexicans and Indians and all other neighbors or inferiors, that American men are the world’s most direct and virile, that American women are pure,” Baldwin wrote. “Negroes know far more about white Americans than that; it can almost be said, in fact, that they know about white Americans what parents?or, anyway, mothers?know about their children, and that they very often regard white Americans that way. And perhaps this attitude, held in spite of what they know and have endured, helps to explain why Negroes, on the whole, and until lately, have allowed themselves to feel so little hatred. The tendency has really been, insofar as this was possible, to dismiss white people as the slightly mad victims of their own brainwashing.”
America was founded on the genocidal slaughter of indigenous people and the holocaust of slavery. It was also founded on an imagined moral superiority and purity. The fact that dominance of others came, and still comes, from unrestrained acts of violence is washed out of the national narrative. The steadfast failure to face the truth, Baldwin warned, perpetuates a kind of collective psychosis. Unable to face the truth, white Americans stunt and destroy their capacity for self-reflection and self-criticism. They construct a world of dangerous, self-serving fantasy. Those who imbibe the myth of whiteness externalize evil?their own evil?onto their victims. Racism, Baldwin understood, is driven by moral bankruptcy, narcissism, an inner loneliness and latent guilt. Donald Trump and most of those around him exhibit all of these characteristics.
“If Americans were not so terrified of their private selves, they would never have needed to invent and could never have become so dependent on what they still call ‘the Negro problem,’ ” Baldwin wrote. “This problem, which they invented in order to safeguard their purity, has made of them criminals and monsters, and it is destroying them; and this not from anything blacks may or may not be doing but because of the role a guilty and constricted white imagination has assigned to the blacks.”
“People pay for what they do, and, still more for what they allowed themselves to become,” Baldwin went on. “And they pay for it very simply by the lives they lead. The crucial thing, here, is that the sum of these individual abdications menaces life all over the world. For, in the generality, as social and moral and political and sexual entities, white Americans are probably the sickest and certainly the most dangerous people, of any color, to be found in the world today.”
Footage in the Peck documentary of past murder cases including the 1955 lynching of the 14-year-old Emmett Till is interspersed with the modern-day lynching of young black men such as Michael Brown and Freddie Gray. Images of white supremacist parades from the 1960s, with young men carrying signs proclaiming “Keep America White,” shift directly to footage of Ferguson, Mo. This juxtaposition is almost too much to bear. If it does not shake you to the core you have no heart and no understanding of who we are in America.
The film begins with Baldwin’s 1957 return from France, where he had been living for almost a decade. He comes back to join the nascent civil rights movement. He was deeply disturbed by a photograph of Dorothy Counts, 15, surrounded by a mob of whites spitting and screaming racial slurs as she walked into a newly desegregated high school in Charlotte, N.C.
“I could simply no longer sit around Paris discussing the Algerian and the black American problem,” he said. “Everybody was paying their dues, and it was time I went home and paid mine.”
In short, he returned to the United States so that black children like Dorothy Counts would not have to walk alone through a sea of racial hatred.
He spoke and participated in hundreds of events for the Congress of Racial Equality and the Student Nonviolent Coordinating Committee. Martin Luther King Jr.’s Southern Christian Leadership Conference, however, largely held him at arm’s length. Baldwin was too independent and outspoken about the truth. His words made King’s Northern white liberal supporters uncomfortable. Baldwin was supposed to speak at the 1963 March on Washington, but King and the other leaders of the march replaced him with the actor Burt Lancaster. Baldwin steadfastly refused to be anyone’s “negro.”
Baldwin was, like Orwell, an astute critic of modern culture and how it justifies the crimes of racism and imperialism. In his book “The Devil Finds Work” he pits Hollywood’s vision of race against the reality. The Peck documentary shows clips from films Baldwin critiqued in the book including “The Birth of a Nation” (a 1915 movie Baldwin called “an elaborate justification of mass murder”), “Dance, Fools, Dance” (1931), “The Monster Walks” (1932), “King Kong” (1933), “Imitation of Life” (1934), “They Won’t Forget” (1937), “Stagecoach” (1939), “The Defiant Ones” (1958), “Lover Come Back” (1961), “A Raisin in the Sun” (1961) and “Guess Who’s Coming to Dinner” (1967). In film after film Baldwin pointed to the ingrained racial stereotypes of African-Americans in popular culture that sustain the lie of whiteness.
Blacks were, and often still are, portrayed by mass culture as lazy and childlike, therefore needing white parental supervision and domination, or as menacing and violent sexual predators who needed to be eliminated. These Hollywood stereotypes, Baldwin knew, existed as foils for an imagined white purity, decency and innocence. They buttressed the myth of a nation devoted to the ideals of justice, liberty and democracy. The oppressed, because of their supposed character defects, were the architects of their own oppression. Oppression was for their own good. Racism was a form of benevolence. Baldwin warned that not facing these lies would see America consume itself.
In “The Devil Finds Work” Baldwin also wrote about the film “A Tale of Two Cities” (1935). He had read the novel by Charles Dickens “obsessively” as a boy to understand “the question of what it meant to be a nigger.” This novel and other novels he consumed, such as “Crime and Punishment,” spoke of the oppressed. He knew that the oppression of the characters in these stories had “something to do with my own.” The books “had something to tell me.” He wrote:
I was haunted, for example, by Alexandre Manette’s document, in A Tale of Two Cities, describing the murder of a peasant boy?who, dying, speaks: “I say, we were so robbed, and hunted, and were made so poor, that our father told us it was a dreadful thing to bring a child into this world, and that what we should most pray for was that our women might be barren and our miserable race die out!” (“I had never before,” observes Dr. Manette, “seen the sense of being oppressed, bursting forth like a fire.”)
Dickens has not seen it all. The wretched of the earth do not decide to become extinct, they resolve, on the contrary, to multiply: life is their only weapon against life, life is all that they have. This is why the dispossessed and starving will never be convinced (though some may be coerced) by the population-control programs of the civilized. I have watched the dispossessed and starving laboring in the fields which others own with their transistor radios at their ear, all day long: so they learn, for example, along with equally weighty matters, that the Pope, one of the heads of the civilized world, forbids to the civilized that abortion which is being, literally, forced on them, the wretched. The civilized have created the wretched quite coldly, and deliberately, and do not intend to change the status quo; are responsible for their slaughter and enslavement; rain down bombs on defenseless children whenever and wherever they decide that their “vital interests” are menaced, and think nothing of torturing a man to death; these people are not to be taken seriously when they speak of the “sanctity” of human life, or the “conscience” of the civilized world. There is a “sanctity” involved with bringing a child into this world: it is better than bombing one out of it. Dreadful indeed it is to see a starving child, but the answer to that is not to prevent the child’s arrival but to restructure the world so that the child can live in it: so that the “vital interest” of the world becomes nothing less than the life of the child.
Nearly all African-Americans carry within them white blood, usually the result of white rape. White slaveholders routinely sold mixed-race children?their own children?into slavery. Baldwin knew the failure to acknowledge the melding of the black and white races that can be seen in nearly every African-American face, a melding that makes African-Americans literally the brothers and sisters of whites. African-Americans, Baldwin wrote, are the “bastard” children of white America. They constitute a peculiarly and uniquely American race.
“The truth is this country does not know what to do with its black population,” he said. “Americans can’t face the fact that I am flesh of their flesh.”
White supremacy is not defined, he wrote, by intelligence or virtue. The white race continues to dominate other races because it has always controlled the most efficient killing mechanisms on the planet. It used, and uses, its industrial weapons to carry out mass murder, genocide, subjugation and exploitation, whether on slave plantations, on the Trail of Tears, at Wounded Knee, in the Philippines and Vietnam, in cities such as Baltimore and Ferguson or in our endless wars across the Middle East.
The true credo of the white race is we have everything, and if you try to take any of it from us we will kill you. This is the essential meaning of whiteness. As the white race turns on itself in an age of diminishing resources it is in the vital interest of the white underclass to understand what its elites and its empire are actually about. These lies, Baldwin warned, will ultimately have fatal consequences for America.
“There are days, this is one of them, when you wonder what your role is in this country and what your future is in it,” Baldwin said. “How precisely you’re going to reconcile yourself to your situation here and how you are going to communicate to the vast, heedless, unthinking, cruel white majority that you are here. I’m terrified at the moral apathy?the death of the heart?which is happening in my country. These people have deluded themselves for so long that they really don’t think I’m human.”
2015-10-04
American Takes the Life of Yet Another Black Boy
by Jennifer Gonnerman
The New Yorker
In the early hours of Saturday, May 15, 2010, ten days before his seventeenth birthday, Kalief Browder and a friend were returning home from a party in the Belmont section of the Bronx. They walked along Arthur Avenue, the main street of Little Italy, past bakeries and cafes with their metal shutters pulled down for the night. As they passed East 186th Street, Browder saw a police car driving toward them. More squad cars arrived, and soon Browder and his friend found themselves squinting in the glare of a police spotlight. An officer said that a man had just reported that they had robbed him. “I didn’t rob anybody,” Browder replied. “You can check my pockets.”
The officers searched him and his friend but found nothing. As Browder recalls, one of the officers walked back to his car, where the alleged victim was, and returned with a new story: the man said that they had robbed him not that night but two weeks earlier. The police handcuffed the teens and pressed them into the back of a squad car. “What am I being charged for?” Browder asked. “I didn’t do anything!” He remembers an officer telling them, “We’re just going to take you to the precinct. Most likely you can go home.” Browder whispered to his friend, “Are you sure you didn’t do anything?” His friend insisted that he hadn’t.
At the Forty-eighth Precinct, the pair were fingerprinted and locked in a holding cell. A few hours later, when an officer opened the door, Browder jumped up: “I can leave now?” Instead, the teens were taken to Central Booking at the Bronx County Criminal Court.
Browder had already had a few run-ins with the police, including an incident eight months earlier, when an officer reported seeing him take a delivery truck for a joyride and crash into a parked car. Browder was charged with grand larceny. He told me that his friends drove the truck and that he had only watched, but he figured that he had no defense, and so he pleaded guilty. The judge gave him probation and “youthful offender” status, which insured that he wouldn’t have a criminal record.
Late on Saturday, seventeen hours after the police picked Browder up, an officer and a prosecutor interrogated him, and he again maintained his innocence. The next day, he was led into a courtroom, where he learned that he had been charged with robbery, grand larceny, and assault. The judge released his friend, permitting him to remain free while the case moved through the courts. But, because Browder was still on probation, the judge ordered him to be held and set bail at three thousand dollars. The amount was out of reach for his family, and soon Browder found himself aboard a Department of Correction bus. He fought back panic, he told me later. Staring through the grating on the bus window, he watched the Bronx disappear. Soon, there was water on either side as the bus made its way across a long, narrow bridge to Rikers Island.
Of the eight million people living in New York City, some eleven thousand are confined in the city’s jails on any given day, most of them on Rikers, a four-hundred-acre island in the East River, between Queens and the Bronx. New Yorkers who have never visited often think of Rikers as a single, terrifying building, but the island has ten jails--eight for men, one for women, and one so decrepit that it hasn’t housed anyone since 2000.
Male adolescents are confined in the Robert N. Davoren Center--known as R.N.D.C. When Browder arrived, the jail held some six hundred boys, aged sixteen to eighteen. Conditions there are notoriously grim. In August of this year, a report by the U.S. Attorney for the Southern District of New York described R.N.D.C. as a place with a “deep-seated culture of violence,” where attacks by officers and among inmates are rampant. The report featured a list of inmate injuries: “broken jaws, broken orbital bones, broken noses, long bone fractures, and lacerations requiring stitches.”
Browder’s family could not afford to hire an attorney, so the judge appointed a lawyer named Brendan O’Meara to represent him. Browder told O’Meara that he was innocent and assumed that his case would conclude quickly. Even the assistant district attorney handling the prosecution later acknowledged in court papers that it was a “relatively straightforward case.” There weren’t hours of wiretaps or piles of complicated evidence to sift through; there was just the memory of one alleged victim. But Browder had entered the legal system through the Bronx criminal courts, which are chronically overwhelmed. Last year, the Times, in an extended expose, described them as “crippled” and among the most backlogged in the country. One reason is budgetary. There are not nearly enough judges and court staff to handle the workload; in 2010, Browder’s case was one of five thousand six hundred and ninety-five felonies that the Bronx District Attorney’s office prosecuted. The problem is compounded by defense attorneys who drag out cases to improve their odds of winning, judges who permit endless adjournments, prosecutors who are perpetually unprepared. Although the Sixth Amendment guarantees “the right to a speedy and public trial,” in the Bronx the concept of speedy justice barely exists.
For as long as Browder could remember, he had lived in the same place, a two-story brick house near the Bronx Zoo. He was the youngest of seven siblings; except for the oldest two, all the children were adopted, and the mother fostered other children as well. “Kalief was the last brought into the family,” an older brother told me. “By the time it came to Kalief, my mom had already raised--in foster care or adoption--a total of thirty-four kids.” Kalief was the smallest, he recalled, “so my mom called him Peanut.”
As a child, Browder loved Pokemon, the W.W.E., free Wednesdays at the Bronx Zoo, and mimicking his brother’s workout routine. “At six years old, he had an eight-pack,” his brother said. When Browder was ten, their father, who worked as a subway cleaner, moved out, though he continued to help support the family.
For high school, Browder went to the small, progressive New Day Academy. A former staff member remembered him as a “fun guy,” the type of kid others wanted to be around. Occasionally, he would grab a hall pass, sneak into a friend’s classroom, and stay until the teacher caught on. He told me that his report cards were full of C’s, but the staff member I spoke to said, “I thought he was very smart.”
Inside R.N.D.C., Browder soon realized that he was not going to make many friends. He was assigned to a dorm where about fifty teen-age boys slept in an open room, each with a plastic bucket to store his possessions in. “Their conversations bored me,” he told me. As far as he could tell, the other inmates were interested only in “crimes they committed and girls that they did.” When Browder asked a guard how inmates were supposed to get their clothes cleaned, he was told that they had to wash them themselves. He thought this was a joke until he noticed other inmates scrubbing their clothes by hand, using their bucket and jailhouse soap. After he did the same and hung his wet clothes on the rail of his bed, he wound up with brown rust stains on his white T-shirt, his socks, and his boxers. That day, he told himself, “I don’t know how I’m going to live in this place.”
Browder’s mother visited every weekend. In the visiting room, he would hand her his dirty clothes and get a stack of freshly laundered clothes in return. She also put money in a jail commissary account for him, so he could buy snacks. He knew that such privileges made him a target for his fellow-prisoners, who would take any opportunity to empty someone else’s bucket of snacks and clothes, so he slept with his head off the side of his bed, atop his bucket. To survive inside R.N.D.C., he decided that the best strategy was to keep to himself and to work out. Before Rikers, he told me, “every here and there I did a couple pullups or pushups. When I went in there, that’s when I decided I wanted to get big.”
The dayroom was ruled over by a gang leader and his friends, who controlled inmates’ access to the prison phones and dictated who could sit on a bench to watch TV and who had to sit on the floor. “A lot of times, I’d say, ‘I’m not sitting on the floor,’ ” Browder said. “And then they’ll come with five or six dudes. They’d swing on me. I’d have to fight back.” There was no escape, no protection, and a suspicion that some of the guards had an agreement with the gang members.
Browder told me that, one night soon after he arrived, a group of guards lined him and several other inmates up against a wall, trying to figure out who had been responsible for an earlier fight. “They’re talking to us about why did we jump these guys,” he said. “And as they’re talking they’re punching us one by one.” Browder said that he had nothing to do with the fight, but still the officers beat him; the other inmates endured much worse. “Their noses were leaking, their faces were bloody, their eyes were swollen,” he said. Afterward, the officers gave the teens a choice: go to the medical clinic or go back to bed. But they made it clear that, if the inmates went to the clinic and told the medical staff what had happened, they would write up charges against them, and get them sent to solitary confinement. “I just told them I’ll act like nothing happened,” Browder said. “So they didn’t send us to the clinic; they didn’t write anything up; they just sent us back.” The Department of Correction refused to respond to these allegations, or to answer any questions about Browder’s stay on Rikers. But the recent U.S. Attorney’s report about R.N.D.C. recounts many instances in which officers pressured inmates not to report beatings--to “hold it down,” in Rikers parlance.
On the morning of July 28, 2010, Browder was awakened at around half past four. He was handcuffed to another inmate and herded onto a bus with a group of other prisoners. At the Bronx County Hall of Justice, they spent the day in a basement holding pen, each waiting for his chance to see a judge. When Browder’s turn came, an officer led him into a courtroom and he caught a glimpse of his mother in the spectator area. Seventy-four days had passed since his arrest. Already he had missed his seventeenth birthday, the end of his sophomore year, and half the summer.
A grand jury had voted to indict Browder. The criminal complaint alleged that he and his friend had robbed a Mexican immigrant named Roberto Bautista--pursuing him, pushing him against a fence, and taking his backpack. Bautista told the police that his backpack contained a credit card, a debit card, a digital camera, an iPod Touch, and seven hundred dollars. Browder was also accused of punching Bautista in the face.
A clerk read out the charges--“Robbery in the second degree and other crimes”--and asked Browder, “How do you plead, sir, guilty or not guilty?”
“Not guilty,” Browder said.
An officer escorted him out of the courtroom and back downstairs to return to Rikers. It no longer mattered whether his mother could find the money to bail him out. The Department of Probation had filed a “violation of probation” against him--standard procedure when someone on probation is indicted on a new violent felony--and the judge had remanded him without bail.
Browder repeatedly told O’Meara, his court-appointed lawyer, that he would never plead guilty and that he wanted to go to trial. O’Meara assumed that his courtroom defense would be “Listen, they got the wrong kid.” After all, the accusation had been made a week or two after the alleged robbery, and the victim had later changed his mind about when it occurred. (The original police report said “on or about May 2,” but Bautista later told a detective that it happened on May 8th.)
With each day he spent in jail, Browder imagined that he was getting closer to trial. Many states have so-called speedy-trial laws, which require trials to start within a certain time frame. New York State’s version is slightly different, and is known as the “ready rule.” This rule stipulates that all felony cases (except homicides) must be ready for trial within six months of arraignment, or else the charges can be dismissed. In practice, however, this time limit is subject to technicalities. The clock stops for many reasons--for example, when defense attorneys submit motions before trial--so that the amount of time that is officially held to have elapsed can be wildly different from the amount of time that really has. In 2011, seventy-four per cent of felony cases in the Bronx were older than six months.
In order for a trial to start, both the defense attorney and the prosecutor have to declare that they are ready; the court clerk then searches for a trial judge who is free and transfers the case, and jury selection can begin. Not long after Browder was indicted, an assistant district attorney sent the court a “Notice of Readiness,” stating that “the People are ready for trial.” The case was put on the calendar for possible trial on December 10th, but it did not start that day. On January 28, 2011, Browder’s two-hundred-and-fifty-eighth day in jail, he was brought back to the courthouse once again. This time, the prosecutor said, “The People are not ready. We are requesting one week.” The next court date set by the judge--March 9th--was not one week away but six. As it happened, Browder didn’t go to trial anytime that year. An index card in the court file explains:
June 23, 2011: People not ready, request 1 week.
August 24, 2011: People not ready, request 1 day.
November 4, 2011: People not ready, prosecutor on trial, request 2 weeks.
December 2, 2011: Prosecutor on trial, request January 3rd.
The Bronx courts are so clogged that when a lawyer asks for a one-week adjournment the next court date usually doesn’t happen for six weeks or more. As long as a prosecutor has filed a Notice of Readiness, however, delays caused by court congestion don’t count toward the number of days that are officially held to have elapsed. Every time a prosecutor stood before a judge in Browder’s case, requested a one-week adjournment, and got six weeks instead, this counted as only one week against the six-month deadline. Meanwhile, Browder remained on Rikers, where six weeks still felt like six weeks--and often much longer.
Like many defendants with court-appointed lawyers, Browder thought his attorney was not doing enough to help him. O’Meara, who works mostly in the Bronx and in Westchester County, never made the trip out to Rikers to see him, since a visit there can devour at least half a day. To avoid this trek, some lawyers set up video conferences at the Bronx courthouse with their clients who are in jail. O’Meara says he’s “pretty sure” he did this with Browder, but Browder says he never did. Court papers suggest a lawyer in a hurry: in the fall of 2010, O’Meara filed a notice with the court in which he mistakenly wrote that he would soon be making a motion on Browder’s case in “Westchester County Court,” instead of in the Bronx.
New York City pays lawyers like O’Meara (known locally as “18-B attorneys”) seventy-five dollars an hour for a felony case, sixty dollars for a misdemeanor. O’Meara handles all types of cases, from misdemeanors to homicides. When I met him, earlier this year, he was eating a hamburger and drinking coffee at a diner in Brooklyn after an appearance at a courthouse there. He was about to take the subway back to the Bronx, and his briefcase was bulging with papers. He told me that Browder, compared with some of his other clients, “was quiet, respectful--he wasn’t rude.” He also noted that, as the months passed, his client looked “tougher and bigger.”
Most of the time, however, Browder had no direct contact with O’Meara; the few times he tried to phone him, he couldn’t get through, so he was dependent on his mother to talk to O’Meara on his behalf. Every time Browder got the chance, he asked O’Meara the same question: “Can you get me out?” O’Meara says that he made multiple bail applications on his client’s behalf, but was unsuccessful because of the violation of probation. Meanwhile, other inmates advised Browder to tell his lawyer to file a speedy-trial motion--a motion to dismiss the case, because it hadn’t been brought to trial within six months. But, with so many one-week requests that had turned into six-week delays, Browder had yet to reach the six-month mark.
For a defendant who is in jail, the more a case drags on the greater the pressure to give up and plead guilty. By early 2012, prosecutors had offered Browder a deal--three and a half years in prison in exchange for a guilty plea. He refused. “I want to go to trial,” he told O’Meara, even though he knew that if he lost he could get up to fifteen years in state prison. Stories circulate on Rikers about inmates who plead guilty to crimes they didn’t commit just to put an end to their ordeal, but Browder was determined to get his day in court. He had no idea how rare trials actually are. In 2011, in the Bronx, only a hundred and sixty-five felony cases went to trial; in three thousand nine hundred and ninety-one cases, the defendant pleaded guilty.
Not long after arriving on Rikers, Browder made his first trip to solitary confinement. It lasted about two weeks, he recalls, and followed a scuffle with another inmate. “He was throwing shoes at people--I told him to stop,” Browder said. “I actually took his sneaker and I threw it, and he got mad. He swung on me, and we started fighting.” Browder was placed in shackles and transferred by bus to the Central Punitive Segregation Unit, which everyone on Rikers calls the Bing. Housed in one of the island’s newer jails, the Bing has four hundred cells, each about twelve feet by seven.
In recent years, the use of solitary confinement has spread in New York’s jails. Between 2007 and mid-2013, the total number of solitary-confinement beds on Rikers increased by more than sixty per cent, and a report last fall found that nearly twenty-seven per cent of the adolescent inmates were in solitary. “I think the department became severely addicted to solitary confinement,” Daniel Selling, who served as the executive director of mental health for New York City’s jails, told me in April; he had quit his job two weeks earlier. “It’s a way to control an environment that feels out of control--lock people in their cell,” he said. “Adolescents can’t handle it. Nobody could handle that.” (In March, Mayor Bill de Blasio appointed a new jails commissioner, Joseph Ponte, who promised to “end the culture of excessive solitary confinement.”)
For Browder, this was the first of several trips to the Bing. As he soon discovered, a prisoner there doesn’t leave his cell except to go to rec, the shower, the visit room, the medical clinic, or court; whenever he does leave, he is handcuffed and strip-searched. To pass the time, Browder read magazines--XXL, Sports Illustrated, Hip Hop Weekly--and street novels handed on by other inmates; one was Sister Souljah’s “Midnight.” He’d always preferred video games, but he told me, “I feel like I broke myself into books through street novels.” He moved on to more demanding reading and said that his favorite book was Craig Unger’s “House of Bush, House of Saud.”
Summer is the worst time of year to be stuck in the Bing, since the cells lack air-conditioning. In the hope of feeling a breeze, Browder would sleep with the window open, only to be awakened at 5 A.M., when the cell filled with the roar of planes taking off from LaGuardia, one of whose runways is less than three hundred feet from Rikers. He would spend all day smelling his own sweat and counting the hours until his next shower. He thought about the places he would have been visiting if he were not spending the summer in jail: Mapes Pool, Coney Island, Six Flags. One day, when he called home to talk to his mother--he was allowed one six-minute call a day while in solitary--he could make out the familiar jingle of an ice-cream truck in the background.
There hadn’t been much to do at R.N.D.C., but at least there was school--classrooms where the inmates were supposed to be taken every day, to study for a G.E.D. or a high-school diploma. The Bing had only “cell study”: a correction officer slid work sheets under the door in the morning, collected them a few days later, and, eventually, returned them with a teacher’s marks. Some inmates never bothered to fill in the work sheets, but Browder told himself, “I’m already in jail--I might as well keep trying to do something.” There were times, however, when nobody came by to collect the work sheets on the day he’d been told they were due. If Browder saw a captain walk by through the small window in his door, he would shout, “Where is the school correction officer to pick up the work?”
Near the end of 2010, Browder returned to the Bing; he was there for about ten months, through the summer of 2011. He recalls that he got sent there initially after another fight. (Once an inmate is in solitary, further minor infractions can extend his stay.) When Browder first went to Rikers, his brother had advised him to get himself sent to solitary whenever he felt at risk from other inmates. “I told him, ‘When you get into a house and you don’t feel safe, do whatever you have to to get out,’ ” the brother said. “ ‘It’s better than coming home with a slice on your face.’ ”
Even in solitary, however, violence was a threat. Verbal spats with officers could escalate. At one point, Browder said, “I had words with a correction officer, and he told me he wanted to fight. That was his way of handling it.” He’d already seen the officer challenge other inmates to fights in the shower, where there are no surveillance cameras. “So I agreed to it; I said, ‘I’ll fight you.’ ” The next day, the officer came to escort him to the shower, but before they even got there, he said, the officer knocked him down: “He put his forearm on my face, and my face was on the floor, and he just started punching me in the leg.” Browder isn’t the first inmate to make such an allegation; the U.S. Attorney’s report described similar incidents.
Browder’s brother reconsidered his advice when he saw him in the Bing visiting area. For one thing, he says, Browder was losing weight. “Several times when I visited him, he said, ‘They’re not feeding me,’ ” the brother told me. “He definitely looked really skinny.” In solitary, food arrived through a slot in the cell door three times a day. For a growing teen-ager, the portions were never big enough, and in solitary Browder couldn’t supplement the rations with snacks bought at the commissary. He took to begging the officers for leftovers: “Can I get that bread?” Sometimes they would slip him an extra slice or two; often, they refused.
Browder’s brother also noticed a growing tendency toward despair. When Browder talked about his case, he was “strong, adamant: ‘No, they can’t do this to me!’ ” But, when the conversation turned to life in jail, “it’s a totally different personality, which is depressed. He’s, like, ‘I don’t know how long I can take this.’ ”
Browder got out of the Bing in the fall of 2011, but by the end of the year he was back--after yet another fight, he says. On the night of February 8, 2012--his six-hundred-and-thirty-fourth day on Rikers--he said to himself, “I can’t take it anymore. I give up.” That night, he tore his bedsheet into strips, tied them together to make a noose, attached it to the light fixture, and tried to hang himself. He was taken to the clinic, then returned to solitary. Browder told me that his sheets, magazines, and clothes were removed--everything except his white plastic bucket.
On February 17th, he was shuttled to the courthouse once again, but this time he was not brought up from the court pen in time to hear his case called. (“I’ll waive his appearance for today’s purposes,” his lawyer told the judge.) For more than a year, he had heard various excuses about why his trial had to be delayed, among them that the prosecutor assigned to the case was on trial elsewhere, was on jury duty, or, as he once told the judge, had “conflicts in my schedule.” If Browder had been in the courtroom on this day, he would have heard a prosecutor offer a new excuse: “Your Honor, the assigned assistant is currently on vacation.” The prosecutor asked for a five-day adjournment; Browder’s lawyer requested March 16th, and the judge scheduled the next court date for then.
The following night, in his solitary cell on Rikers, Browder shattered his plastic bucket by stomping on it, then picked up a piece, sharpened it, and began sawing his wrist. He was stopped after an officer saw him through the cell window and intervened.
Browder was still on Rikers Island in June of 2012, when his high-school classmates collected their diplomas, and in September, when some of them enrolled in college. In the fall, prosecutors offered him a new deal: if he pleaded guilty, he’d get two and a half years in prison, which meant that, with time served, he could go home soon. “Ninety-nine out of a hundred would take the offer that gets you out of jail,” O’Meara told me. “He just said, ‘Nah, I’m not taking it.’ He didn’t flinch. Never talked about it. He was not taking a plea.”
Meanwhile, Browder kept travelling from Rikers to the Bronx courthouse and back again, shuttling between two of New York City’s most dysfunctional bureaucracies, each system exacerbating the flaws of the other. With every trip Browder made to the courthouse, another line was added to a growing stack of index cards kept in the court file:
June 29, 2012: People not ready, request one week.
September 28, 2012: People not ready, request two weeks.
November 2, 2012: People not ready, request one week.
December 14, 2012: People not ready, request one week.
By the end of 2012, Browder had been in jail for nine hundred and sixty-one days and had stood before eight different judges. He always maintained his composure, never berating his attorney or yelling protests in court. O’Meara was impressed by his control. “I can’t imagine most people sitting in there for three years and not becoming very upset with their attorney,” he says. “He just never complained to me.” Privately, though, Browder was angry. About the prosecutors, he would tell himself, “These guys are just playing with my case.”
On March 13, 2013, Browder appeared before a new judge, Patricia M. DiMango, who had been transferred from Brooklyn as part of a larger effort to tackle the Bronx’s backlog. She was known for her no-nonsense style when dealing with defendants; at the Brooklyn courthouse, she was referred to as Judge Judy. (As it happens, this year she became a judge on “Hot Bench,” a new courtroom TV show created by Judge Judy.) In the Bronx, DiMango’s job was to review cases and clear them: by getting weak cases dismissed, extracting guilty pleas from defendants, or referring cases to trial in another courtroom. At the start of 2013, there were nine hundred and fifty-two felony cases in the Bronx, including Browder’s, that were more than two years old. In the next twelve months, DiMango disposed of a thousand cases, some as old as five years.
Judge DiMango explained to Browder, “If you go to trial and lose, you could get up to fifteen.” Then she offered him an even more tempting deal: plead guilty to two misdemeanors--the equivalent of sixteen months in jail--and go home now, on the time already served. “If you want that, I will do that today,” DiMango said. “I could sentence you today. . . . It’s up to you.”
“I’m all right,” Browder said. “I did not do it. I’m all right.”
“You are all right?” DiMango said.
“Yes,” he said. “I want to go to trial.”
Back at Rikers, other prisoners were stunned. “You’re bugging,” they told him. “You’re stupid. If that was me, I would’ve said I did it and went home.” Browder knew that it was a gamble; even though he was innocent, he could lose at trial. “I used to go to my cell and lie down and think, like, Maybe I am crazy; maybe I am going too far,” he recalled. “But I just did what I thought was right.”
On May 29th, the thirty-first court date on Browder’s case, there was another development. DiMango peered down from the bench. “The District Attorney is really in a position right now where they cannot proceed,” she said. “It is their intention to dismiss the case.” She explained that this could not officially happen until the next court date, which ended up being a week later. “I will release you today, but you have to come back here on time without any new cases,” she said. “Do you think you can do that, Mr. Browder?”
“Yes,” he said.
Browder could not believe what was happening. His battle to prove his innocence had ended. No trial, no jury, no verdict. An assistant district attorney filed a memo with the court explaining that Bautista, the man who had accused Browder, had gone back to Mexico. The District Attorney’s office had reached his brother in the Bronx and tried to arrange for him to return and testify, but then the office lost contact with the brother, too. “Without the Complainant, we are unable to meet our burden of proof at trial,” the prosecutor wrote.
Browder had to spend one more night on Rikers. By now, he had missed his junior year of high school, his senior year, graduation, the prom. He was no longer a teen-ager; four days earlier, he had turned twenty.
He didn’t know what time he would be released, so he told his mother not to bother picking him up. The next afternoon, he walked out of jail, a single thought in his mind: “I’m going home!” He took the bus to Queens Plaza, then two subways to the Bronx, and his euphoria began to dissipate. Being around so many people felt strange. Except for a few weeks, he had been in solitary confinement for the previous seventeen months.
After leaving Rikers, Browder moved back home, where his mother and two of his brothers were living. Everybody could see that he had changed. Most of the clothes in his bedroom no longer fit; he had grown an inch or two while he was away and had become brawnier. Many of his former pastimes--playing video games, watching movies, shooting hoops in the park--no longer engaged him. He preferred to spend time by himself, alone in his bedroom, with the door closed. Sometimes he found himself pacing, as he had done in solitary. When he saw old friends, he was reminded of their accomplishments and what he had not achieved: no high-school diploma, no job, no money, no apartment of his own.
Before he went to jail, he used to like sitting on his front steps with his friends, and when a group of attractive girls walked by he’d call out, “Hi. What are you doing? Where’s the party at? Can I go with you?” Now, if he managed to get a girl’s number, the first real conversation would always go the same way: she would ask him if he was in school or working, and he would feel his anxiety rise. Once he revealed that he was still living at home, without a job or a diploma, “they look at me like I ain’t worth nothing. Like I ain’t shit. It hurts to have people look at you like that.” He could explain that he’d been wrongfully arrested, but the truth felt too complicated, too raw and personal. “If I tell them the story, then I gotta hear a hundred questions,” he said. “It gets emotional for me. And those emotions I don’t feel comfortable with.”
Not long after Browder returned home, one of his relatives called an attorney named Paul V. Prestia and told him that Browder had spent three years on Rikers only to have his case dismissed. “Send him down,” Prestia said. A former prosecutor in Brooklyn, Prestia now has his own firm. On his office wall hangs a 2011 Post story about a Haitian chef from the Bronx who was mistakenly arrested for rape and spent eight days on Rikers; Prestia got the case dismissed.
When Prestia first heard Browder’s story, he thought there must be a catch; even by the sorry standards of justice in the Bronx, the case was extreme. “It’s something that could’ve been tried in a court in a matter of days,” he told me. “I don’t know how each and every prosecutor who looked at this case continued to let this happen. It’s like Kalief Browder didn’t even exist.” Earlier this year, Prestia filed a suit on Browder’s behalf against the city, the N.Y.P.D., the Bronx District Attorney, and the Department of Correction.
Robert T. Johnson, the Bronx District Attorney, will not answer questions about Browder’s case, because, once the charges were dismissed, the court records were sealed. But recently when I asked him a general question about cases that drag on and on, he was quick to deflect blame. “These long delays--two, three years--they’re horrendous, but the D.A. is not really accountable for that kind of delay,” he said. His explanation was that either the case did not actually exceed the six-month speedy-trial deadline or the defense attorney failed to bring a speedy-trial motion.
Prestia, in his lawsuit, alleges “malicious prosecution,” charging that Johnson’s prosecutors were “representing to the court that they would be ‘ready’ for trial, when in fact, they never were.” Prestia said, “The million-dollar question is: When did they really know they didn’t have a witness? Did they really not know until 2013?” He suspects that, as he wrote in his complaint, they were “seeking long, undue adjournments of these cases to procure a guilty plea from plaintiff.” The city has denied all allegations of wrongdoing, and Johnson, when I asked about these accusations, said, “Certainly if there is something uncovered that we did wrong, I will deal with that here. But I don’t expect that to be the case.”
Prestia has represented many clients who were wrongfully arrested, but Browder’s story troubles him most deeply. “Kalief was deprived of his right to a fair and speedy trial, his education, and, I would even argue, his entire adolescence,” he says. “If you took a sixteen-year-old kid and locked him in a room for twenty-three hours, your son or daughter, you’d be arrested for endangering the welfare of a child.” Browder doesn’t know exactly how many days he was in solitary--and Rikers officials, citing pending litigation, won’t divulge any details about his stay--but he remembers that it was “about seven hundred, eight hundred.”
One day last November, six months after his release, Browder retreated to his bedroom with a steak knife, intending to slit his wrists. A friend happened to stop by, saw the knife, and grabbed it. When he left the house to find Browder’s mother, Browder tried to hang himself from a bannister. An ambulance rushed him to St. Barnabas Hospital, where he was admitted to the psychiatric ward. In his medical record, a social worker describes the suicide attempt as “serious.”
One afternoon this past spring, I sat with Browder in a quiet restaurant in lower Manhattan. He is five feet seven, with a high forehead, tired eyes, and a few wisps of hair above his upper lip. “Being home is way better than being in jail,” he told me. “But in my mind right now I feel like I’m still in jail, because I’m still feeling the side effects from what happened in there.”
When I first asked if I could interview him, he was reluctant, but eventually he agreed, and we met many times. We always met in downtown Manhattan, near Prestia’s office. He didn’t want to meet in the Bronx, and seemed to feel more comfortable speaking where nobody knew him. He almost always wore the same uniform: a hoodie with the hood pulled down; a pair of earbuds, one stuck in an ear and the other swinging free; rosary beads dangling from his neck--not because he is Catholic (his family are Jehovah’s Witnesses) but “for fashion,” he said. When I asked him about Rikers, he surprised me with his willingness to speak. At times, he seemed almost unable to stop, as if he had long been craving the chance to tell somebody about what he endured. Other times, though, the act of remembering seemed almost physically painful: he would fall silent, drop his gaze, and shake his head.
Ever since Browder left Rikers, he has tried to stay busy. He sat through G.E.D. prep classes, signed up for a computer course, searched for a job, and attended weekly counselling sessions. This past March, he learned that he had passed the G.E.D. on the first try. “I gained some of my pride back,” he told me. He landed a job as a security guard--not his dream position, but it would serve while he looked for something better. By coincidence, one of the places he was sent was St. Barnabas. On his second day there, he overheard some employees talking about him; somebody seemed to have figured out that he had been in the psychiatric ward. Soon afterward, with a vague explanation, he was fired.
Prestia helped him find a part-time job, working for a friend who runs a jewelry business in the same building as Prestia’s office, near Wall Street. On May 29th--four days after his twenty-first birthday, and a year to the day after DiMango told him that he would be set free--Browder stood on a sidewalk in front of a Chase bank, handing out flyers advertising the jewelry business. He told me that he liked Wall Street--being surrounded by people with briefcases and suits, everyone walking with a sense of purpose. “When I see professional people, I see myself,” he said. “I say, ‘I want to be like them.’ ”
Exactly how he would manage this he was not sure. Most days, the progress he had made since coming home did not feel like progress to him. “It’s been a year now, and I got a part-time job, and I got my G.E.D.,” he said. “But, when you think about it, that’s nothing. People tell me because I have this case against the city I’m all right. But I’m not all right. I’m messed up. I know that I might see some money from this case, but that’s not going to help me mentally. I’m mentally scarred right now. That’s how I feel. Because there are certain things that changed about me and they might not go back.”
This month, Browder started classes at Bronx Community College. But, even now, he thinks about Rikers every day. He says that his flashbacks to that time are becoming more frequent. Almost anything can trigger them. It might be the sight of a police cruiser or something more innocuous. When his mother cooks rice and chili, he says, he can’t help remembering the rice and chili he was fed on Rikers, and suddenly, in his mind, he is back in the Bing, recalling how hungry he was all the time, especially at night, when he’d have to wait twelve hours for his next meal.
Even with his friends, things aren’t the same. “I’m trying to break out of my shell, but I guess there is no shell. I guess this is just how I am--I’m just quiet and distant,” he says. “I don’t like being this way, but it’s just natural to me now.” Every night before he goes to sleep, he checks that every window in the house is locked. When he rides the subway, he often feels terrified. “I might be attacked; I might be robbed,” he says. “Because, believe me, in jail you know there’s all type of criminal stuff that goes on.” No matter how hard he tries, he cannot forget what he saw: inmates stealing from each other, officers attacking teens, blood on the dayroom floor. “Before I went to jail, I didn’t know about a lot of stuff, and, now that I’m aware, I’m paranoid,” he says. “I feel like I was robbed of my happiness.”
Kaleif Browder, 1993-2015
The New Yorker
In the early hours of Saturday, May 15, 2010, ten days before his seventeenth birthday, Kalief Browder and a friend were returning home from a party in the Belmont section of the Bronx. They walked along Arthur Avenue, the main street of Little Italy, past bakeries and cafes with their metal shutters pulled down for the night. As they passed East 186th Street, Browder saw a police car driving toward them. More squad cars arrived, and soon Browder and his friend found themselves squinting in the glare of a police spotlight. An officer said that a man had just reported that they had robbed him. “I didn’t rob anybody,” Browder replied. “You can check my pockets.”
The officers searched him and his friend but found nothing. As Browder recalls, one of the officers walked back to his car, where the alleged victim was, and returned with a new story: the man said that they had robbed him not that night but two weeks earlier. The police handcuffed the teens and pressed them into the back of a squad car. “What am I being charged for?” Browder asked. “I didn’t do anything!” He remembers an officer telling them, “We’re just going to take you to the precinct. Most likely you can go home.” Browder whispered to his friend, “Are you sure you didn’t do anything?” His friend insisted that he hadn’t.
At the Forty-eighth Precinct, the pair were fingerprinted and locked in a holding cell. A few hours later, when an officer opened the door, Browder jumped up: “I can leave now?” Instead, the teens were taken to Central Booking at the Bronx County Criminal Court.
Browder had already had a few run-ins with the police, including an incident eight months earlier, when an officer reported seeing him take a delivery truck for a joyride and crash into a parked car. Browder was charged with grand larceny. He told me that his friends drove the truck and that he had only watched, but he figured that he had no defense, and so he pleaded guilty. The judge gave him probation and “youthful offender” status, which insured that he wouldn’t have a criminal record.
Late on Saturday, seventeen hours after the police picked Browder up, an officer and a prosecutor interrogated him, and he again maintained his innocence. The next day, he was led into a courtroom, where he learned that he had been charged with robbery, grand larceny, and assault. The judge released his friend, permitting him to remain free while the case moved through the courts. But, because Browder was still on probation, the judge ordered him to be held and set bail at three thousand dollars. The amount was out of reach for his family, and soon Browder found himself aboard a Department of Correction bus. He fought back panic, he told me later. Staring through the grating on the bus window, he watched the Bronx disappear. Soon, there was water on either side as the bus made its way across a long, narrow bridge to Rikers Island.
Of the eight million people living in New York City, some eleven thousand are confined in the city’s jails on any given day, most of them on Rikers, a four-hundred-acre island in the East River, between Queens and the Bronx. New Yorkers who have never visited often think of Rikers as a single, terrifying building, but the island has ten jails--eight for men, one for women, and one so decrepit that it hasn’t housed anyone since 2000.
Male adolescents are confined in the Robert N. Davoren Center--known as R.N.D.C. When Browder arrived, the jail held some six hundred boys, aged sixteen to eighteen. Conditions there are notoriously grim. In August of this year, a report by the U.S. Attorney for the Southern District of New York described R.N.D.C. as a place with a “deep-seated culture of violence,” where attacks by officers and among inmates are rampant. The report featured a list of inmate injuries: “broken jaws, broken orbital bones, broken noses, long bone fractures, and lacerations requiring stitches.”
Browder’s family could not afford to hire an attorney, so the judge appointed a lawyer named Brendan O’Meara to represent him. Browder told O’Meara that he was innocent and assumed that his case would conclude quickly. Even the assistant district attorney handling the prosecution later acknowledged in court papers that it was a “relatively straightforward case.” There weren’t hours of wiretaps or piles of complicated evidence to sift through; there was just the memory of one alleged victim. But Browder had entered the legal system through the Bronx criminal courts, which are chronically overwhelmed. Last year, the Times, in an extended expose, described them as “crippled” and among the most backlogged in the country. One reason is budgetary. There are not nearly enough judges and court staff to handle the workload; in 2010, Browder’s case was one of five thousand six hundred and ninety-five felonies that the Bronx District Attorney’s office prosecuted. The problem is compounded by defense attorneys who drag out cases to improve their odds of winning, judges who permit endless adjournments, prosecutors who are perpetually unprepared. Although the Sixth Amendment guarantees “the right to a speedy and public trial,” in the Bronx the concept of speedy justice barely exists.
For as long as Browder could remember, he had lived in the same place, a two-story brick house near the Bronx Zoo. He was the youngest of seven siblings; except for the oldest two, all the children were adopted, and the mother fostered other children as well. “Kalief was the last brought into the family,” an older brother told me. “By the time it came to Kalief, my mom had already raised--in foster care or adoption--a total of thirty-four kids.” Kalief was the smallest, he recalled, “so my mom called him Peanut.”
As a child, Browder loved Pokemon, the W.W.E., free Wednesdays at the Bronx Zoo, and mimicking his brother’s workout routine. “At six years old, he had an eight-pack,” his brother said. When Browder was ten, their father, who worked as a subway cleaner, moved out, though he continued to help support the family.
For high school, Browder went to the small, progressive New Day Academy. A former staff member remembered him as a “fun guy,” the type of kid others wanted to be around. Occasionally, he would grab a hall pass, sneak into a friend’s classroom, and stay until the teacher caught on. He told me that his report cards were full of C’s, but the staff member I spoke to said, “I thought he was very smart.”
Inside R.N.D.C., Browder soon realized that he was not going to make many friends. He was assigned to a dorm where about fifty teen-age boys slept in an open room, each with a plastic bucket to store his possessions in. “Their conversations bored me,” he told me. As far as he could tell, the other inmates were interested only in “crimes they committed and girls that they did.” When Browder asked a guard how inmates were supposed to get their clothes cleaned, he was told that they had to wash them themselves. He thought this was a joke until he noticed other inmates scrubbing their clothes by hand, using their bucket and jailhouse soap. After he did the same and hung his wet clothes on the rail of his bed, he wound up with brown rust stains on his white T-shirt, his socks, and his boxers. That day, he told himself, “I don’t know how I’m going to live in this place.”
Browder’s mother visited every weekend. In the visiting room, he would hand her his dirty clothes and get a stack of freshly laundered clothes in return. She also put money in a jail commissary account for him, so he could buy snacks. He knew that such privileges made him a target for his fellow-prisoners, who would take any opportunity to empty someone else’s bucket of snacks and clothes, so he slept with his head off the side of his bed, atop his bucket. To survive inside R.N.D.C., he decided that the best strategy was to keep to himself and to work out. Before Rikers, he told me, “every here and there I did a couple pullups or pushups. When I went in there, that’s when I decided I wanted to get big.”
The dayroom was ruled over by a gang leader and his friends, who controlled inmates’ access to the prison phones and dictated who could sit on a bench to watch TV and who had to sit on the floor. “A lot of times, I’d say, ‘I’m not sitting on the floor,’ ” Browder said. “And then they’ll come with five or six dudes. They’d swing on me. I’d have to fight back.” There was no escape, no protection, and a suspicion that some of the guards had an agreement with the gang members.
Browder told me that, one night soon after he arrived, a group of guards lined him and several other inmates up against a wall, trying to figure out who had been responsible for an earlier fight. “They’re talking to us about why did we jump these guys,” he said. “And as they’re talking they’re punching us one by one.” Browder said that he had nothing to do with the fight, but still the officers beat him; the other inmates endured much worse. “Their noses were leaking, their faces were bloody, their eyes were swollen,” he said. Afterward, the officers gave the teens a choice: go to the medical clinic or go back to bed. But they made it clear that, if the inmates went to the clinic and told the medical staff what had happened, they would write up charges against them, and get them sent to solitary confinement. “I just told them I’ll act like nothing happened,” Browder said. “So they didn’t send us to the clinic; they didn’t write anything up; they just sent us back.” The Department of Correction refused to respond to these allegations, or to answer any questions about Browder’s stay on Rikers. But the recent U.S. Attorney’s report about R.N.D.C. recounts many instances in which officers pressured inmates not to report beatings--to “hold it down,” in Rikers parlance.
On the morning of July 28, 2010, Browder was awakened at around half past four. He was handcuffed to another inmate and herded onto a bus with a group of other prisoners. At the Bronx County Hall of Justice, they spent the day in a basement holding pen, each waiting for his chance to see a judge. When Browder’s turn came, an officer led him into a courtroom and he caught a glimpse of his mother in the spectator area. Seventy-four days had passed since his arrest. Already he had missed his seventeenth birthday, the end of his sophomore year, and half the summer.
A grand jury had voted to indict Browder. The criminal complaint alleged that he and his friend had robbed a Mexican immigrant named Roberto Bautista--pursuing him, pushing him against a fence, and taking his backpack. Bautista told the police that his backpack contained a credit card, a debit card, a digital camera, an iPod Touch, and seven hundred dollars. Browder was also accused of punching Bautista in the face.
A clerk read out the charges--“Robbery in the second degree and other crimes”--and asked Browder, “How do you plead, sir, guilty or not guilty?”
“Not guilty,” Browder said.
An officer escorted him out of the courtroom and back downstairs to return to Rikers. It no longer mattered whether his mother could find the money to bail him out. The Department of Probation had filed a “violation of probation” against him--standard procedure when someone on probation is indicted on a new violent felony--and the judge had remanded him without bail.
Browder repeatedly told O’Meara, his court-appointed lawyer, that he would never plead guilty and that he wanted to go to trial. O’Meara assumed that his courtroom defense would be “Listen, they got the wrong kid.” After all, the accusation had been made a week or two after the alleged robbery, and the victim had later changed his mind about when it occurred. (The original police report said “on or about May 2,” but Bautista later told a detective that it happened on May 8th.)
With each day he spent in jail, Browder imagined that he was getting closer to trial. Many states have so-called speedy-trial laws, which require trials to start within a certain time frame. New York State’s version is slightly different, and is known as the “ready rule.” This rule stipulates that all felony cases (except homicides) must be ready for trial within six months of arraignment, or else the charges can be dismissed. In practice, however, this time limit is subject to technicalities. The clock stops for many reasons--for example, when defense attorneys submit motions before trial--so that the amount of time that is officially held to have elapsed can be wildly different from the amount of time that really has. In 2011, seventy-four per cent of felony cases in the Bronx were older than six months.
In order for a trial to start, both the defense attorney and the prosecutor have to declare that they are ready; the court clerk then searches for a trial judge who is free and transfers the case, and jury selection can begin. Not long after Browder was indicted, an assistant district attorney sent the court a “Notice of Readiness,” stating that “the People are ready for trial.” The case was put on the calendar for possible trial on December 10th, but it did not start that day. On January 28, 2011, Browder’s two-hundred-and-fifty-eighth day in jail, he was brought back to the courthouse once again. This time, the prosecutor said, “The People are not ready. We are requesting one week.” The next court date set by the judge--March 9th--was not one week away but six. As it happened, Browder didn’t go to trial anytime that year. An index card in the court file explains:
June 23, 2011: People not ready, request 1 week.
August 24, 2011: People not ready, request 1 day.
November 4, 2011: People not ready, prosecutor on trial, request 2 weeks.
December 2, 2011: Prosecutor on trial, request January 3rd.
The Bronx courts are so clogged that when a lawyer asks for a one-week adjournment the next court date usually doesn’t happen for six weeks or more. As long as a prosecutor has filed a Notice of Readiness, however, delays caused by court congestion don’t count toward the number of days that are officially held to have elapsed. Every time a prosecutor stood before a judge in Browder’s case, requested a one-week adjournment, and got six weeks instead, this counted as only one week against the six-month deadline. Meanwhile, Browder remained on Rikers, where six weeks still felt like six weeks--and often much longer.
Like many defendants with court-appointed lawyers, Browder thought his attorney was not doing enough to help him. O’Meara, who works mostly in the Bronx and in Westchester County, never made the trip out to Rikers to see him, since a visit there can devour at least half a day. To avoid this trek, some lawyers set up video conferences at the Bronx courthouse with their clients who are in jail. O’Meara says he’s “pretty sure” he did this with Browder, but Browder says he never did. Court papers suggest a lawyer in a hurry: in the fall of 2010, O’Meara filed a notice with the court in which he mistakenly wrote that he would soon be making a motion on Browder’s case in “Westchester County Court,” instead of in the Bronx.
New York City pays lawyers like O’Meara (known locally as “18-B attorneys”) seventy-five dollars an hour for a felony case, sixty dollars for a misdemeanor. O’Meara handles all types of cases, from misdemeanors to homicides. When I met him, earlier this year, he was eating a hamburger and drinking coffee at a diner in Brooklyn after an appearance at a courthouse there. He was about to take the subway back to the Bronx, and his briefcase was bulging with papers. He told me that Browder, compared with some of his other clients, “was quiet, respectful--he wasn’t rude.” He also noted that, as the months passed, his client looked “tougher and bigger.”
Most of the time, however, Browder had no direct contact with O’Meara; the few times he tried to phone him, he couldn’t get through, so he was dependent on his mother to talk to O’Meara on his behalf. Every time Browder got the chance, he asked O’Meara the same question: “Can you get me out?” O’Meara says that he made multiple bail applications on his client’s behalf, but was unsuccessful because of the violation of probation. Meanwhile, other inmates advised Browder to tell his lawyer to file a speedy-trial motion--a motion to dismiss the case, because it hadn’t been brought to trial within six months. But, with so many one-week requests that had turned into six-week delays, Browder had yet to reach the six-month mark.
For a defendant who is in jail, the more a case drags on the greater the pressure to give up and plead guilty. By early 2012, prosecutors had offered Browder a deal--three and a half years in prison in exchange for a guilty plea. He refused. “I want to go to trial,” he told O’Meara, even though he knew that if he lost he could get up to fifteen years in state prison. Stories circulate on Rikers about inmates who plead guilty to crimes they didn’t commit just to put an end to their ordeal, but Browder was determined to get his day in court. He had no idea how rare trials actually are. In 2011, in the Bronx, only a hundred and sixty-five felony cases went to trial; in three thousand nine hundred and ninety-one cases, the defendant pleaded guilty.
Not long after arriving on Rikers, Browder made his first trip to solitary confinement. It lasted about two weeks, he recalls, and followed a scuffle with another inmate. “He was throwing shoes at people--I told him to stop,” Browder said. “I actually took his sneaker and I threw it, and he got mad. He swung on me, and we started fighting.” Browder was placed in shackles and transferred by bus to the Central Punitive Segregation Unit, which everyone on Rikers calls the Bing. Housed in one of the island’s newer jails, the Bing has four hundred cells, each about twelve feet by seven.
In recent years, the use of solitary confinement has spread in New York’s jails. Between 2007 and mid-2013, the total number of solitary-confinement beds on Rikers increased by more than sixty per cent, and a report last fall found that nearly twenty-seven per cent of the adolescent inmates were in solitary. “I think the department became severely addicted to solitary confinement,” Daniel Selling, who served as the executive director of mental health for New York City’s jails, told me in April; he had quit his job two weeks earlier. “It’s a way to control an environment that feels out of control--lock people in their cell,” he said. “Adolescents can’t handle it. Nobody could handle that.” (In March, Mayor Bill de Blasio appointed a new jails commissioner, Joseph Ponte, who promised to “end the culture of excessive solitary confinement.”)
For Browder, this was the first of several trips to the Bing. As he soon discovered, a prisoner there doesn’t leave his cell except to go to rec, the shower, the visit room, the medical clinic, or court; whenever he does leave, he is handcuffed and strip-searched. To pass the time, Browder read magazines--XXL, Sports Illustrated, Hip Hop Weekly--and street novels handed on by other inmates; one was Sister Souljah’s “Midnight.” He’d always preferred video games, but he told me, “I feel like I broke myself into books through street novels.” He moved on to more demanding reading and said that his favorite book was Craig Unger’s “House of Bush, House of Saud.”
Summer is the worst time of year to be stuck in the Bing, since the cells lack air-conditioning. In the hope of feeling a breeze, Browder would sleep with the window open, only to be awakened at 5 A.M., when the cell filled with the roar of planes taking off from LaGuardia, one of whose runways is less than three hundred feet from Rikers. He would spend all day smelling his own sweat and counting the hours until his next shower. He thought about the places he would have been visiting if he were not spending the summer in jail: Mapes Pool, Coney Island, Six Flags. One day, when he called home to talk to his mother--he was allowed one six-minute call a day while in solitary--he could make out the familiar jingle of an ice-cream truck in the background.
There hadn’t been much to do at R.N.D.C., but at least there was school--classrooms where the inmates were supposed to be taken every day, to study for a G.E.D. or a high-school diploma. The Bing had only “cell study”: a correction officer slid work sheets under the door in the morning, collected them a few days later, and, eventually, returned them with a teacher’s marks. Some inmates never bothered to fill in the work sheets, but Browder told himself, “I’m already in jail--I might as well keep trying to do something.” There were times, however, when nobody came by to collect the work sheets on the day he’d been told they were due. If Browder saw a captain walk by through the small window in his door, he would shout, “Where is the school correction officer to pick up the work?”
Near the end of 2010, Browder returned to the Bing; he was there for about ten months, through the summer of 2011. He recalls that he got sent there initially after another fight. (Once an inmate is in solitary, further minor infractions can extend his stay.) When Browder first went to Rikers, his brother had advised him to get himself sent to solitary whenever he felt at risk from other inmates. “I told him, ‘When you get into a house and you don’t feel safe, do whatever you have to to get out,’ ” the brother said. “ ‘It’s better than coming home with a slice on your face.’ ”
Even in solitary, however, violence was a threat. Verbal spats with officers could escalate. At one point, Browder said, “I had words with a correction officer, and he told me he wanted to fight. That was his way of handling it.” He’d already seen the officer challenge other inmates to fights in the shower, where there are no surveillance cameras. “So I agreed to it; I said, ‘I’ll fight you.’ ” The next day, the officer came to escort him to the shower, but before they even got there, he said, the officer knocked him down: “He put his forearm on my face, and my face was on the floor, and he just started punching me in the leg.” Browder isn’t the first inmate to make such an allegation; the U.S. Attorney’s report described similar incidents.
Browder’s brother reconsidered his advice when he saw him in the Bing visiting area. For one thing, he says, Browder was losing weight. “Several times when I visited him, he said, ‘They’re not feeding me,’ ” the brother told me. “He definitely looked really skinny.” In solitary, food arrived through a slot in the cell door three times a day. For a growing teen-ager, the portions were never big enough, and in solitary Browder couldn’t supplement the rations with snacks bought at the commissary. He took to begging the officers for leftovers: “Can I get that bread?” Sometimes they would slip him an extra slice or two; often, they refused.
Browder’s brother also noticed a growing tendency toward despair. When Browder talked about his case, he was “strong, adamant: ‘No, they can’t do this to me!’ ” But, when the conversation turned to life in jail, “it’s a totally different personality, which is depressed. He’s, like, ‘I don’t know how long I can take this.’ ”
Browder got out of the Bing in the fall of 2011, but by the end of the year he was back--after yet another fight, he says. On the night of February 8, 2012--his six-hundred-and-thirty-fourth day on Rikers--he said to himself, “I can’t take it anymore. I give up.” That night, he tore his bedsheet into strips, tied them together to make a noose, attached it to the light fixture, and tried to hang himself. He was taken to the clinic, then returned to solitary. Browder told me that his sheets, magazines, and clothes were removed--everything except his white plastic bucket.
On February 17th, he was shuttled to the courthouse once again, but this time he was not brought up from the court pen in time to hear his case called. (“I’ll waive his appearance for today’s purposes,” his lawyer told the judge.) For more than a year, he had heard various excuses about why his trial had to be delayed, among them that the prosecutor assigned to the case was on trial elsewhere, was on jury duty, or, as he once told the judge, had “conflicts in my schedule.” If Browder had been in the courtroom on this day, he would have heard a prosecutor offer a new excuse: “Your Honor, the assigned assistant is currently on vacation.” The prosecutor asked for a five-day adjournment; Browder’s lawyer requested March 16th, and the judge scheduled the next court date for then.
The following night, in his solitary cell on Rikers, Browder shattered his plastic bucket by stomping on it, then picked up a piece, sharpened it, and began sawing his wrist. He was stopped after an officer saw him through the cell window and intervened.
Browder was still on Rikers Island in June of 2012, when his high-school classmates collected their diplomas, and in September, when some of them enrolled in college. In the fall, prosecutors offered him a new deal: if he pleaded guilty, he’d get two and a half years in prison, which meant that, with time served, he could go home soon. “Ninety-nine out of a hundred would take the offer that gets you out of jail,” O’Meara told me. “He just said, ‘Nah, I’m not taking it.’ He didn’t flinch. Never talked about it. He was not taking a plea.”
Meanwhile, Browder kept travelling from Rikers to the Bronx courthouse and back again, shuttling between two of New York City’s most dysfunctional bureaucracies, each system exacerbating the flaws of the other. With every trip Browder made to the courthouse, another line was added to a growing stack of index cards kept in the court file:
June 29, 2012: People not ready, request one week.
September 28, 2012: People not ready, request two weeks.
November 2, 2012: People not ready, request one week.
December 14, 2012: People not ready, request one week.
By the end of 2012, Browder had been in jail for nine hundred and sixty-one days and had stood before eight different judges. He always maintained his composure, never berating his attorney or yelling protests in court. O’Meara was impressed by his control. “I can’t imagine most people sitting in there for three years and not becoming very upset with their attorney,” he says. “He just never complained to me.” Privately, though, Browder was angry. About the prosecutors, he would tell himself, “These guys are just playing with my case.”
On March 13, 2013, Browder appeared before a new judge, Patricia M. DiMango, who had been transferred from Brooklyn as part of a larger effort to tackle the Bronx’s backlog. She was known for her no-nonsense style when dealing with defendants; at the Brooklyn courthouse, she was referred to as Judge Judy. (As it happens, this year she became a judge on “Hot Bench,” a new courtroom TV show created by Judge Judy.) In the Bronx, DiMango’s job was to review cases and clear them: by getting weak cases dismissed, extracting guilty pleas from defendants, or referring cases to trial in another courtroom. At the start of 2013, there were nine hundred and fifty-two felony cases in the Bronx, including Browder’s, that were more than two years old. In the next twelve months, DiMango disposed of a thousand cases, some as old as five years.
Judge DiMango explained to Browder, “If you go to trial and lose, you could get up to fifteen.” Then she offered him an even more tempting deal: plead guilty to two misdemeanors--the equivalent of sixteen months in jail--and go home now, on the time already served. “If you want that, I will do that today,” DiMango said. “I could sentence you today. . . . It’s up to you.”
“I’m all right,” Browder said. “I did not do it. I’m all right.”
“You are all right?” DiMango said.
“Yes,” he said. “I want to go to trial.”
Back at Rikers, other prisoners were stunned. “You’re bugging,” they told him. “You’re stupid. If that was me, I would’ve said I did it and went home.” Browder knew that it was a gamble; even though he was innocent, he could lose at trial. “I used to go to my cell and lie down and think, like, Maybe I am crazy; maybe I am going too far,” he recalled. “But I just did what I thought was right.”
On May 29th, the thirty-first court date on Browder’s case, there was another development. DiMango peered down from the bench. “The District Attorney is really in a position right now where they cannot proceed,” she said. “It is their intention to dismiss the case.” She explained that this could not officially happen until the next court date, which ended up being a week later. “I will release you today, but you have to come back here on time without any new cases,” she said. “Do you think you can do that, Mr. Browder?”
“Yes,” he said.
Browder could not believe what was happening. His battle to prove his innocence had ended. No trial, no jury, no verdict. An assistant district attorney filed a memo with the court explaining that Bautista, the man who had accused Browder, had gone back to Mexico. The District Attorney’s office had reached his brother in the Bronx and tried to arrange for him to return and testify, but then the office lost contact with the brother, too. “Without the Complainant, we are unable to meet our burden of proof at trial,” the prosecutor wrote.
Browder had to spend one more night on Rikers. By now, he had missed his junior year of high school, his senior year, graduation, the prom. He was no longer a teen-ager; four days earlier, he had turned twenty.
He didn’t know what time he would be released, so he told his mother not to bother picking him up. The next afternoon, he walked out of jail, a single thought in his mind: “I’m going home!” He took the bus to Queens Plaza, then two subways to the Bronx, and his euphoria began to dissipate. Being around so many people felt strange. Except for a few weeks, he had been in solitary confinement for the previous seventeen months.
After leaving Rikers, Browder moved back home, where his mother and two of his brothers were living. Everybody could see that he had changed. Most of the clothes in his bedroom no longer fit; he had grown an inch or two while he was away and had become brawnier. Many of his former pastimes--playing video games, watching movies, shooting hoops in the park--no longer engaged him. He preferred to spend time by himself, alone in his bedroom, with the door closed. Sometimes he found himself pacing, as he had done in solitary. When he saw old friends, he was reminded of their accomplishments and what he had not achieved: no high-school diploma, no job, no money, no apartment of his own.
Before he went to jail, he used to like sitting on his front steps with his friends, and when a group of attractive girls walked by he’d call out, “Hi. What are you doing? Where’s the party at? Can I go with you?” Now, if he managed to get a girl’s number, the first real conversation would always go the same way: she would ask him if he was in school or working, and he would feel his anxiety rise. Once he revealed that he was still living at home, without a job or a diploma, “they look at me like I ain’t worth nothing. Like I ain’t shit. It hurts to have people look at you like that.” He could explain that he’d been wrongfully arrested, but the truth felt too complicated, too raw and personal. “If I tell them the story, then I gotta hear a hundred questions,” he said. “It gets emotional for me. And those emotions I don’t feel comfortable with.”
Not long after Browder returned home, one of his relatives called an attorney named Paul V. Prestia and told him that Browder had spent three years on Rikers only to have his case dismissed. “Send him down,” Prestia said. A former prosecutor in Brooklyn, Prestia now has his own firm. On his office wall hangs a 2011 Post story about a Haitian chef from the Bronx who was mistakenly arrested for rape and spent eight days on Rikers; Prestia got the case dismissed.
When Prestia first heard Browder’s story, he thought there must be a catch; even by the sorry standards of justice in the Bronx, the case was extreme. “It’s something that could’ve been tried in a court in a matter of days,” he told me. “I don’t know how each and every prosecutor who looked at this case continued to let this happen. It’s like Kalief Browder didn’t even exist.” Earlier this year, Prestia filed a suit on Browder’s behalf against the city, the N.Y.P.D., the Bronx District Attorney, and the Department of Correction.
Robert T. Johnson, the Bronx District Attorney, will not answer questions about Browder’s case, because, once the charges were dismissed, the court records were sealed. But recently when I asked him a general question about cases that drag on and on, he was quick to deflect blame. “These long delays--two, three years--they’re horrendous, but the D.A. is not really accountable for that kind of delay,” he said. His explanation was that either the case did not actually exceed the six-month speedy-trial deadline or the defense attorney failed to bring a speedy-trial motion.
Prestia, in his lawsuit, alleges “malicious prosecution,” charging that Johnson’s prosecutors were “representing to the court that they would be ‘ready’ for trial, when in fact, they never were.” Prestia said, “The million-dollar question is: When did they really know they didn’t have a witness? Did they really not know until 2013?” He suspects that, as he wrote in his complaint, they were “seeking long, undue adjournments of these cases to procure a guilty plea from plaintiff.” The city has denied all allegations of wrongdoing, and Johnson, when I asked about these accusations, said, “Certainly if there is something uncovered that we did wrong, I will deal with that here. But I don’t expect that to be the case.”
Prestia has represented many clients who were wrongfully arrested, but Browder’s story troubles him most deeply. “Kalief was deprived of his right to a fair and speedy trial, his education, and, I would even argue, his entire adolescence,” he says. “If you took a sixteen-year-old kid and locked him in a room for twenty-three hours, your son or daughter, you’d be arrested for endangering the welfare of a child.” Browder doesn’t know exactly how many days he was in solitary--and Rikers officials, citing pending litigation, won’t divulge any details about his stay--but he remembers that it was “about seven hundred, eight hundred.”
One day last November, six months after his release, Browder retreated to his bedroom with a steak knife, intending to slit his wrists. A friend happened to stop by, saw the knife, and grabbed it. When he left the house to find Browder’s mother, Browder tried to hang himself from a bannister. An ambulance rushed him to St. Barnabas Hospital, where he was admitted to the psychiatric ward. In his medical record, a social worker describes the suicide attempt as “serious.”
One afternoon this past spring, I sat with Browder in a quiet restaurant in lower Manhattan. He is five feet seven, with a high forehead, tired eyes, and a few wisps of hair above his upper lip. “Being home is way better than being in jail,” he told me. “But in my mind right now I feel like I’m still in jail, because I’m still feeling the side effects from what happened in there.”
When I first asked if I could interview him, he was reluctant, but eventually he agreed, and we met many times. We always met in downtown Manhattan, near Prestia’s office. He didn’t want to meet in the Bronx, and seemed to feel more comfortable speaking where nobody knew him. He almost always wore the same uniform: a hoodie with the hood pulled down; a pair of earbuds, one stuck in an ear and the other swinging free; rosary beads dangling from his neck--not because he is Catholic (his family are Jehovah’s Witnesses) but “for fashion,” he said. When I asked him about Rikers, he surprised me with his willingness to speak. At times, he seemed almost unable to stop, as if he had long been craving the chance to tell somebody about what he endured. Other times, though, the act of remembering seemed almost physically painful: he would fall silent, drop his gaze, and shake his head.
Ever since Browder left Rikers, he has tried to stay busy. He sat through G.E.D. prep classes, signed up for a computer course, searched for a job, and attended weekly counselling sessions. This past March, he learned that he had passed the G.E.D. on the first try. “I gained some of my pride back,” he told me. He landed a job as a security guard--not his dream position, but it would serve while he looked for something better. By coincidence, one of the places he was sent was St. Barnabas. On his second day there, he overheard some employees talking about him; somebody seemed to have figured out that he had been in the psychiatric ward. Soon afterward, with a vague explanation, he was fired.
Prestia helped him find a part-time job, working for a friend who runs a jewelry business in the same building as Prestia’s office, near Wall Street. On May 29th--four days after his twenty-first birthday, and a year to the day after DiMango told him that he would be set free--Browder stood on a sidewalk in front of a Chase bank, handing out flyers advertising the jewelry business. He told me that he liked Wall Street--being surrounded by people with briefcases and suits, everyone walking with a sense of purpose. “When I see professional people, I see myself,” he said. “I say, ‘I want to be like them.’ ”
Exactly how he would manage this he was not sure. Most days, the progress he had made since coming home did not feel like progress to him. “It’s been a year now, and I got a part-time job, and I got my G.E.D.,” he said. “But, when you think about it, that’s nothing. People tell me because I have this case against the city I’m all right. But I’m not all right. I’m messed up. I know that I might see some money from this case, but that’s not going to help me mentally. I’m mentally scarred right now. That’s how I feel. Because there are certain things that changed about me and they might not go back.”
This month, Browder started classes at Bronx Community College. But, even now, he thinks about Rikers every day. He says that his flashbacks to that time are becoming more frequent. Almost anything can trigger them. It might be the sight of a police cruiser or something more innocuous. When his mother cooks rice and chili, he says, he can’t help remembering the rice and chili he was fed on Rikers, and suddenly, in his mind, he is back in the Bing, recalling how hungry he was all the time, especially at night, when he’d have to wait twelve hours for his next meal.
Even with his friends, things aren’t the same. “I’m trying to break out of my shell, but I guess there is no shell. I guess this is just how I am--I’m just quiet and distant,” he says. “I don’t like being this way, but it’s just natural to me now.” Every night before he goes to sleep, he checks that every window in the house is locked. When he rides the subway, he often feels terrified. “I might be attacked; I might be robbed,” he says. “Because, believe me, in jail you know there’s all type of criminal stuff that goes on.” No matter how hard he tries, he cannot forget what he saw: inmates stealing from each other, officers attacking teens, blood on the dayroom floor. “Before I went to jail, I didn’t know about a lot of stuff, and, now that I’m aware, I’m paranoid,” he says. “I feel like I was robbed of my happiness.”
Kaleif Browder, 1993-2015
Labels:
African-Americans,
American Underclass,
Prisoners,
Torture
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