• A Tale of Two Murders: George Floyd and Ashli Babbit

    July 24, 2021 // 16 Comments »


    Here’s a tale of two cops and two murders, Derek Chauvin and George Floyd, and John Doe* and Ashli Babbitt. Two cops, two unarmed citizens killed. One you care about, one you don’t. Even murder is politicized these days.

    It is hard to imagine anyone needs much of a recap on Chauvin-Floyd. George Floyd, a black man, tried to pass off a counterfeit $20 bill while messed up on drugs. Minneapolis police officer Derek Chauvin and other cops responded, and in the process of restraining Floyd, killed him. Everyone has seen the video of Chauvin kneeling on Floyd’s neck, and as if it was a civic duty, judged for themselves whether it was appropriate, necessary, and the cause of Floyd’s death.

    A jury judged those things, too, and the result was a 22.5 year sentence for Chauvin (in handing down the sentence the judge said it was justified in part because Chauvin “committed his crime in the presence of children,” who of course had gathered to help jeer at the cops.) The woman who shot the snuff video won a Pulitzer prize.

    Floyd’s death set off an angry summer of violence under the rubric Black Lives Matter, as progressives shut down opposing voices and several downtowns to insist Chauvin’s actions were part of something called systemic racism reaching back as far as 1619 in unbroken lineage. Celebrities, politicians, and academics jostled each other for camera time to demand the police be defunded. You might have seen something about all this on the teevee?

    There’s video of Ashli Babbitt being killed by law enforcement but it has been played by the MSM maybe 1/10,000 as often as the Floyd murder porn. Babbitt, wearing a Trump flag like a cape, was one of the rioters who smashing the glass on the door leading to the Speaker’s Lobby of the Capitol. A plain clothes Capitol Police officer without warning fired a shot and Babbitt fell into the crowd and died. It was the only shot fired in the riot. A SWAT team just behind Babbitt saw the situation differently and never fired on her or those with her.

    Like Floyd, Babbitt was unarmed. Like Floyd resisting, Babbitt was committing a crime when she was killed by a cop. Unlike Floyd, there is no question of whether she was resisting arrest because the cop never got that far. He just shot her.

     

    In Floyd’s case, we know everything about Derek Chauvin, and saw him convicted in open court. Not so with Babbitt’s killer. Almost all police departments nationwide are required to release an officer’s name after a fatal shooting. Not the U.S. Capitol Police, which answers only to Congress. Even as Congress demands nationwide police reforms (ironically, the new, lower standards of proof proposed by H.R.1280 — George Floyd Justice in Policing Act of 2021 — would condemn the Capitol cop) they have steadfastly refused to release the name of Babbitt’s killer. In February, the Capitol Police stated they would “share additional information once an investigation is complete.” Investigators closed the case in April, cleared the unnamed officer of wrongdoing in Babbitt’s death without addressing the fact that the medical examiner ruled the death a homicide, and left it at that. Stuff happens, ya know?

    No trial, no public accounting, not even a name for the Babbitt family to use in filing a wrongful death suit. Because Congress exempts the Capitol Police from Freedom of Information Act requests, the family is forced to sue “for documents that identify the officer who shot Babbitt… as well as notes and summaries of what the officer said regarding the shooting and the reasons he discharged his weapon.”

    They’d like more information on Babbitt’s death than the “investigation” provided. The Department of Justice simply wrote there was “insufficient evidence to support a criminal prosecution.” DOJ did not hide its legal fudge, which had its investigators look narrowly on a Constitutional question, not the homicide.

    Without shame DOJ said it focused on 18 U.S.C. § 242, a federal criminal civil rights statute. This requires prosecutors prove the officer acted willfully to deprive Babbitt of a right protected by the Constitution, here the Fourth Amendment protection against unreasonable seizure.  Prosecutors would have to prove not only that the officer used force that was constitutionally unreasonable, but that the officer did so “willfully” to deprive Babbitt of her 4A rights. That meant evidence an officer acted out of fear, mistake, panic, misperception, negligence, or even poor judgment cannot establish the high level of intent required. In lay terms, that’s called a set-up enroute to a cover-up.

    Contrast that with the Chauvin prosecution, where prosecutors charged manslaughter, second-degree murder, and third-degree murder in the one death of George Floyd, leaving the civil rights question which saved the Capitol cop as a separate matter. That allowed prosecutors to instruct the jury (there of course was no jury in Babbitt’s case) to decide on emotion, saying “Use your common sense. Believe your eyes. What you saw, you saw.” Imagine a jury in Babbitt’s case, exposed to a looping video of her killing, acting on the same instructions. But that never happened.

    No one had much to say during the Babbitt investigation. In Floyd’s case, Joe Biden said he was praying the jury would reach the “right verdict,” calling the evidence “overwhelming in my view.” Maxine Waters demanded protesters become “more confrontational” if Chauvin was acquitted. That was so blatantly inflammatory it was almost grounds for a mistrial.

    The president cheers on one prosecution, remaining silent while another murder is made to go away. Cities erect monuments to George Floyd while the NYT runs gossipy articles on Babbitt’s marriage problems. Asking for justice in Floyd’s case is a duty, even if it means burning down stores. Those who want the same justice for Babbitt are mocked as QAnon cultists. Did she not also bleed?

    Oh, there’s more. Floyd was only on drugs passing fake money because of racism whereas Babbitt was a seditionist, a vandal, who asked for it as certain as if she wore a mini skirt down a dark alley to taunt her rapist. Floyd’s death created a movement for change. Candidate Trump’s embrace of Ashli Babbitt as a martyr anointed “January 6 a heroic uprising” for white supremacists seeking to overthrow democracy. Absolutely no one would write of Floyd, as one MSM outlet did of Babbitt, “her death, while tragic, occurred for a very good reason. The Air Force veteran, who had been fully converted into the most dangerous and fantastical pro-Trump conspiracy theories, had joined the aggressive vanguard of the January 6 insurrection.” Bitch deserved it. The article went on to compare Babbitt’s martyrdom to “Horst Wessel, a German storm trooper killed by communists in 1930, who inspired the eponymous Nazi anthem.

    Others claim Trump is liable for the death, that the answer to Who Killed Ashli Babbitt? is Trump. WaPo wrote “The death of Ashli Babbitt offers the purest distillation of Donald Trump’s view of justice,” which apparently means to them Trump supported George Floyd’s killing while mourning Babbitt’s. Daily Beast frets “If the base believes they are being prosecuted and even ‘assassinated’ [like Babbitt] they will justify anything to reject Democratic rule and future elections that deprive them of power.” Sears and Kmart apologized and pulled from sale T-shirts reading “Ashli Babbitt American Patriot” after an outcry on social media. Headlines read “Marjorie Taylor Greene provokes outrage by comparing Ashli Babbitt’s death to George Floyd’s” because Babbitt was OK-shot “while actively participating in a violent riot” and Floyd was murdered by racists.

    It is difficult in the face of so much hypocrisy to find the air to comment on the state of our country. Some murders are more equal than others. Dead bodies only matter when they can be used for your sides’ political purposes. How many white conservative deaths does it take to equal one black death? Why are some cops murderers and others protected with anonymity and a free-pass investigation?

    The absolute craven transparency of the progressive argument is what gives me hope. Hope that at some point enough Americans will set aside their blind Trump rage, look past the 24/7 propaganda directed at them, and come to realize even murder now only matters for the clicks it generates. Our media is happy to justify Babbitt’s death, seeing it almost in biblical terms for supporting Trump. Floyd, always just a victim of an unjust society.

    Ashli Babbitt was put down for our political sins, and her killer escaped justice with the government’s help. Now ain’t that the Democratic vision of America?

    ———

    *The Capitol Police and the Congress which controls them refuse to name the officer who shot Ashli Babbitt to death on January 6. RealClearInvestigations, however, has identified the shooter as Lieutenant Michael Byrd, a black man. Since then, CNN and others have “voluntarily” removed Byrd’s name from hearing transcripts, and his social media has been scrubbed.

     

     

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    Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

    Posted in Democracy, Post-Constitution America, Trump

    The Neverending Trump Story

    June 6, 2020 // 5 Comments »


     
    If you get to the end of this and think all it’s doing is defending Trump, you’ve missed the point.

    For the first time in months there is no front page COVID story. The replacement is the police killing in Minneapolis and chaos everywhere else. But the repurposing is familiar: blame Trump for the tragedy to defeat him in November.

    For months there were ran charts and tickers of COVID infections, deaths, missing ventilators, anything countable that made things look bad. When the stock market was hemorrhaging money those numbers were in red up front. Today, if it’s COVID info you seek, look for it where it started, before it was rebooted from Wuhan’s Virus to Trump’s Virus, back in the business section. Somebody else’s blood is going to have to rescue Biden.

     

    The precipitating news peg is the death of another black man at the hands of another white cop under another set of dubious circumstances. If 100,000 COVID deaths can’t shake your faith in Trump, maybe one more of these will. In the eyes of the media, it is of course all Trump’s fault. The problem with that is former Minneapolis police officer Derek Chauvin, now charged with murder in the death of George Floyd, previously shot one suspect, was involved in the fatal shooting of another, and received at least 17 complaints during his nearly two decades with the department.

    Nobody prosecuted him for any of that, including never-gonna-be-VP Amy Klobuchar, as a county prosecutor. Klobuchar also did not criminally charge other cops in the more than two dozen officer-involved fatalities during her time as prosecutor. She punted those decisions to a grand jury. Current Minnesota Attorney General Keith Ellison, who was a lawyer and state legislator when Klobuchar was prosecutor, defended Klobuchar’s record as “a practice that was common at the time.” That’s another way of saying systematic.

    One person Klobuchar systematically declined to prosecute was today’s villian Derek Chauvin. In 2006 he was one of six officers who shot Wayne Reyes after Reyes aimed a shotgun at police after stabbing two people. Small world. And that’s before anyone looks again at Biden’s own record on these things, from Cornpop on forward.

    See, this week happened before. George Bush had Rodney King. Under Bill Clinton it was Amadou Diallo shot 41 times, remembered in the Springsteen song American Skin (41 Shots). For George W. Bush, it was Sean Bell. Eric Garner was strangled by police during the Obama term, alongside the Michael Brown shooting in Ferguson, Missouri.

    Barack Obama said what happened last week in Minnesota “shouldn’t be normal in 2020 America” when in fact it has been normal for some time now, including under his watch. After the police killing of Freddie Gray in Baltimore, Maryland in 2015, Obama called the protesters “criminals.” Oops. But the media has him covered now; Vox jumped in this round with “being a former president is different. Now that he is out of office, Obama is more free to try to lead the social change his candidacy once promised.” Change? Leadership? Obama’s Justice Department did not prosecute Eric Gardner’s killer. Obama’s Justice Department did not prosecute Michael Brown’s killer. So today there is still no justice, no peace. Blame Trump.

    If that Minnesota cop was a violent racist, he certainly didn’t take the red pill from Trump’s hand, not with two decades of personal complaints and two decades of signature national violence and two decades of prosecutorial somnolence behind him. Remind us again, who was the black Democratic president of the United States during most of that time? Who was his black Democratic attorney general? And someone is trying to use racism in 2020 to take down Trump?

    Wait, breaking news! Trump is threatening to kill Americans! In what the New York Times characterized as “an overtly violent ultimatum to protesters,” Trump tweeted the phrase “When the looting starts, the shooting starts” and threatened to deploy the National Guard to Minneapolis.

    Now of course the Times knows but didn’t let on to the rubes it knows that it is very, very close to impossible for the president to federalize the National Guard for domestic law enforcement (we slogged through the explanations two years ago in another faux-panic Trump was going to order the Guard to enforce immigration laws.) The Guard generally answers to its state governor, and in the case of Minnesota, Governor Walz already called for full mobilization. It was just a tweet, carrying the weight of a feather. So it’s fitting the punishment is a tagged violation of Twitter rules and not impeachment this time.

     

    The problem with COVID as the Trump Killer was the wrong people ended up dying, and not enough of them. Had the early predictions of millions of deaths sweeping across the nation had any truth in them, that would be hard to ignore. Had the early predictions of COVID zombies using their last strength to fight  over the remaining ventilators come to pass, that would have landed a knockout punch.

    COVID also killed the wrong people. One can imagine Democratic strategists shouting “Find me some white cheerleaders in Wisconsin who will never realize their dreams, dammit!” Instead, the dead were a majority poor and black, with about half of all COVID deaths in the U.S. in ravaged and neglected parts of the New York City area no one really cared much about before all this. You can see some of those areas on TV today, filled with protesters fighting cops. A few efforts at trying to tie COVID into a greater tapestry of economic inequality didn’t get very far; nobody had much concern for Amazon warehouse workers when they themselves were out of work and waiting on packages of Nutter Butters.

    COVID was fundamentally a crisis of economic inequality; the bodies in New York City are the proof. If it was a failure of leadership, then that failure must be traced back some 50 years, and has less to do with a lack of PPE in 2020 than it does with a lack of national healthcare and a living wage contact traced from Nixon to whoever the next guy turns out to be, because both candidates have promised to do nothing new enough to fix those things.

    It is sad and cruel and horrible to say no one cared in the end enough for the virus to beat Trump but that is what happened. Remember it in a few weeks when the news has forgotten George Floyd.

    The failure of Trump not failing as a leader during COVID, or with police violence, follows a long string of similar stuff, beginning even before his inauguration. For three years we were told the president was literally a Kremlin agent doing Putin’s business out of the Oval Office based on blackmail. Then there was something about the Ukraine that rose to the level of actual impeachment that is still hard to explain and seemed to implicate Biden as much as Trump. Trump will kill us all was a meme Democrats threw against the wall multiple times, with various North Korean and Iranian wars and of course the virus. And now, forget all that. It’s racism, stupid.

     

    Former cop Derek Chauvin didn’t wait for Trump to send out a tweet, or even take office, before becoming violent. He’d been at that for two decades. The systematic racism in Minnesota has roots deep into (d/D)emocratic governance, and wasn’t enabled by a few tweets. This is the same answer for the virus; the economic inequality which drove the virus in places like New York City has very little to do with Trump or his supposed lack of leadership, same as it had nothing to do with the made-up ventilator shortage. It is no surprise in 2020 two leading causes of death among the poor and black are police shooting and COVID.

    These things run deep within our society. How obvious does it need to be, it’s not Him, it is Us. The media trying to bundle the latest crisis up and slap a “Trump” label on it, like before with Russia, Ukraine, war, and COVID, will do little to hurt his election chances, and do much to make it clear everyone continues to look the other way. If it is just a Trump problem (or a he’s on Twitter problem), it lives and dies with Trump, whenever that is. That assures us following Biden or Trump this year, or Donald Duck in 2024, there will be another virus which reapers through the poor, and long before then another street killing in a place that should be as far away as Minnesota.

    If all we do is play politics with tragedy that’s all we’ll ever do toward resolving tragedy. Resolution lies in looking forward to seeking fundamental solutions over looking backward to assign blame. People in the comments below will claim this is defending Trump. That is as wrong as it is irrelevant. If anyone thinks more violence is the answer, or that this will elect Biden, or that his administration will change things, you’re missing the most important point: the revolution has been televised. You’ve watched it already, you just don’t realize which side won.

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    Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

    Posted in Democracy, Post-Constitution America, Trump