Words are inadequate to describe the ongoing police assault on Black lives

The must-see video clip from Monday night’s protests in Brooklyn Center, Minnesota, features CNN reporter Sara Sidner. Though she makes the interview about herself to an uncomfortable degree, there’s also some real power in hearing her unnamed interview subject describe what’s going on in plain and profane language.

Tom Jones of Poynter put it this way:

The language was R-rated, and yet credit CNN for staying with the interview. Most networks would have dumped out after someone started repeating expletives, but CNN wisely hung in there because it felt as if the man had something important to say. Sidner did a good job keeping the interview going and allowing the man to say what he wanted to say.

If you back up and try to look at the big picture, it’s so overwhelming that words are inadequate. The protests were in response to the police killing of Daunte Wright, a 20-year-old Black man whose car had been pulled over, reportedly because the license tags had expired. There was a struggle after police discovered a warrant for Wright’s arrest and they tried to take him into custody. One officer, Kim Potter, fatally shot Wright because, we are told, she meant to use her Taser and pulled her gun by mistake — an excuse that clearly needs thorough investigation.

All of this was playing out as the murder trial of Derek Chauvin, the ex-police offer who killed George Floyd, was taking place nearby, and against a backdrop of Black men (and a few women) being killed or harassed by police officers. Among them: National Guard officer and war veteran Isiah Jones, who was assaulted by police in Virginia last year as he was politely asking why he had been pulled over. Video of that encounter recent went viral.

Iowa reporter is acquitted

USA Today reports:

Andrea Sahouri, the Iowa journalist who was arrested as she reported on racial justice protests last summer, was found not guilty in a case that drew widespread condemnation from journalism and free press organizations.

Her former boyfriend, who was arrested with her, has been acquitted as well.

Earlier:

Reporter arrested at protest says it’s important for journalists to bear witness

USA Today has an account of Des Moines Register reporter Andrea Sahouri’s testimony at her trial stemming from her arrest at a Black Lives Matter protest last summer. (The Register and USA Today are both Gannett papers.)

“It’s important for journalists to be on the scene and document what’s happening,” Sahouri said as part of her testimony. “Protests erupted not just across the country but all over the world. I felt like I was playing a role in that. I know we are a small city, but I felt like I was playing a role in that.”

Here, I think, is the key:

The judge has also not ruled on a motion filed by Sahouri’s attorney during the trial for a directed verdict to decide the case in Sahouri and Robnett’s favor. [Sahouri and her then-boyfriend, Spenser Robnett, were both pepper-sprayed and arrested.]

This case should be thrown out as quickly as possible — not just to ensure that justice is done and the First Amendment is protected, but to send a message to the police and the prosecutors who are pursuing this dubious case.

Earlier:

Des Moines Register calls for charges against reporter to be dropped

In an editorial that’s getting a lot of national attention, the Des Moines Register is calling for a criminal case to be dropped against one of its reporters, Andrea Sahouri, who was charged with failure to disperse and interference with official acts. Sahouri was arrested at a protest on May 31 last year. Her trial is scheduled for March 8. The Register puts it this way:

Sahouri, who has worked as a reporter for the Register since August 2019, was doing her constitutionally protected job at the protest, conducting interviews, taking photos and recording what was happening.

If convicted, she’ll have a criminal record and faces possible penalties of 30 days in jail and a fine of $625 for each offense.

The editorial also notes that the U.S. Press Freedom Tracker has documented 126 arrests and detainments of journalists in 2020, most of them at Black Lives Matter demonstrations.

And though the police killings of George Floyd and Breonna Taylor may resulted in a massive increase in such detentions, there’s nothing new about it. In 2018, police in Bridgeport, Connecticut, detained a reporter during a Black Lives Matter protest in a transparent attempt to stop her from doing her job. Their actions were the subject of a 2019 GBH News Muzzle Award.

Federal appeals court legalizes secret recordings of police in Mass.

Photo (cc) 2010 by Thomas Hawk

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A federal appeals court has upheld the right to secretly record police officers in the performance of their public duties, but has declined to act similarly with respect to other government officials because they have a greater expectation of privacy.

The ruling, by the First Circuit Court of Appeals, essentially strikes down the Massachusetts wiretap law, also known as Section 99, as it pertains to police officers. According to an analysis by Michael Lambert, a First Amendment lawyer with the Boston firm of Prince Lobel, “The decision means that Massachusetts journalists and citizens can, openly or secretly, record police discharging their duties in public without fear of criminal charges under the state’s wiretap law.”

The ruling came in response to two separate cases, both filed in 2016. The case involving the police was brought by a pair of civil-rights activists, K. Eric Martin and René Pérez. The broader case was brought by Project Veritas, a right-wing organization known for making undercover recordings of liberal targets and often editing them deceptively. (For instance, see this backgrounder assembled by the American Federation of Teachers.)

The appeals court upheld 2018 rulings by U.S. District Court Judge Patti Saris. The Dec. 15 decision, by Judge David Barron (himself a former journalist, as Lambert notes), reads in part:

We conclude that, by holding that Section 99 violates the First Amendment in criminalizing the secret, nonconsensual audio recording of police officers discharging their official duties in public spaces and by granting declaratory relief to the Martin Plaintiffs, the District Court properly accounted for the values of both privacy and accountability within our constitutional system. We further conclude that the District Court properly rejected Project Veritas’s First Amendment overbreadth challenge, in which the organization sought to invalidate the measure in its entirety, given the substantial protection for privacy that it provides in contexts far removed from those that concern the need to hold public officials accountable.

As Lambert observes, openly recording police officers who are performing their duties has been legal in Massachusetts since 2011 regardless of whether they have given their consent. Judge Barron’s decision now legalizes secret recordings of officers as well. The issue has drawn attention not just in Massachusetts but across the country as smartphones have made it increasingly easy for citizens to document police conduct and misconduct. The Black Lives Matter movement has been fueled in part by such videos — the best known example being the police killing of George Floyd earlier this year.

Matthew Segal, legal director of the ACLU of Massachusetts, which represented Martin and Pérez, said in a statement:

The right to record the police is a critical accountability tool. Amid a nationwide reckoning with police brutality and racial injustice, the Court has affirmed the right to secretly record police performing their pubic duties.

A final wrinkle worth noting: Retired Supreme Court Justice David Souter was among the three appeals court judges who presided.

Sports and justice

The question is what else will and should the players do beyond boycotting games? The NBA has some real leaders, from LeBron James to Jaylen Brown. It will be interesting to see what happens next.

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Biden nails it: Why Kamala Harris is both a historic first and the safest choice

As nearly every political observer has said, Kamala Harris was the “safe” choice to be Joe Biden’s running mate. And though that’s almost certainly true, it’s pretty amazing that the first Black woman named to a presidential ticket is also considered the least controversial.

That a Black, first-generation American is described that way says everything about where the Democratic Party stands in 2020,” writes Boston Globe columnist Adrian Walker. “Harris wouldn’t have been the least bit safe four years ago.”

I think the reason that Harris is seen as the safe choice is that Biden had already promised to pick a woman — and, by the time he got around to making his pick, the moment had shifted in favor of a Black woman. The police killing of George Floyd and the revival of the Black Lives Matter movement combined to create an environment that was just right for Harris. Several other Black women were in the mix, but none had Harris’ stature, experience or, frankly, ideological flexibility, which sounds like a bad thing but really isn’t.

Way back when the presidential campaign was just getting under way, I thought Harris might make the strongest contender. Her trajectory, though, zig-zagged, then bottomed out. She started out well, faded, then revived her campaign with her attack on Biden at the first debate.

Then, at the second debate, she seemed unable to explain her own health-care plan. It only got worse from there. At one point Harris used her time in the post-debate spin room to demand that Elizabeth Warren join her in calling on Twitter to cancel President Trump’s account. Seriously.

But Harris is smart and charismatic. She should make a fine running mate, just as Biden did despite having two comically inept presidential campaigns on his résumé when Barack Obama chose him in 2008. I can’t wait to see her debate Mike Pence.

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At Whole Foods, a failure of the imagination over Black Lives Matter face masks

A Whole Foods store in West Hartford, Connecticut. Photo (cc) 2014 by Mike Mozart.

The Boston Globe reports that Whole Foods is sending employees home if they show up to work wearing face masks emblazoned with “Black Lives Matter.” Katie Johnston writes:

After seeing reports of Whole Foods workers in other states being sent home for refusing to take off Black Lives Matter face masks, Savannah Kinzer decided to bring the movement to Cambridge. And, sure enough, when she and her colleagues put on masks emblazoned with the phrase Wednesday afternoon, the manager told them they either had to remove the masks or go home. So seven of them walked out.

As is often the case with such public-relations disasters, at root is a failure of the imagination. How can management not understand that this will end with them apologizing and backing down?

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Trump was losing bigly even before COVID, economic collapse and BLM protests

Trump’s FiveThirtyEight approval/disapproval ratings.

According to a number of recent national polls, Joe Biden has moved out to a sizable lead over President Trump — so sizable that, if the election were held now, Biden would probably win the presidency by a substantial margin, since his lead is large enough to overcome Trump’s structural advantage in the Electoral College.

What I want to address here is the assumption some observers are making that Biden wouldn’t be ahead by nearly as much (or even at all) if it weren’t for COVID-19, the resultant economic catastrophe and the Black Lives Matter protests.

Yes, those would be huge challenges for any president. But with COVID, in particular, a compassionate, reasonably competent response wouldn’t have necessarily hurt Trump and might have even helped him. Look at Massachusetts Gov. Charlie Baker, who continues to receive high marks for his response to the pandemic, according to a new Suffolk University poll.

Likewise, the reason that the Black Lives Matter protests represent such an existential threat to Trump is that he’s a stone-cold racist who’s responded by advocating violence and embracing Confederate symbols — and no one outside his base wants to hear that anymore.

The reality is that any president’s re-election campaign is a referendum on the incumbent. And Trump has been historically unpopular from his first days in office. Biden’s lead merely tracks Trump’s approval/disapproval rating. It’s currently at 41% approve/55% disapprove, according to the FiveThirtyEight averages, and that’s right in line with most of his presidency.

Biden may be uninspiring to many, but he’s a consensus figure who’s bound to attract nearly all of the voters who disapprove of Trump. It’s not like anyone is going to hold their nose and vote for Trump because Biden scares them. If you look at the FiveThirtyEight graph, you’ll see that Biden would have been far ahead of Trump at almost any point in the past three and a half years.

The triple threat of COVID, the economy and protests against racism have made Trump’s re-election that much harder. But the dynamic is the same as it ever was.

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Wall St. Journal’s newsroom calls out opinion section over Pence’s COVID falsehoods

The Wall Street Journal’s excellent newsroom is calling out its often-nutty opinion section. The Journal’s Rebecca Ballhaus reports that an op-ed by Vice President Mike Pence earlier this week in which he praised the Trump administration’s response to COVID-19 had some, uh, problems:

Mr. Pence wrote that as of June 12, Project Airbridge had delivered more than 143 million N95 masks, 598 million surgical and procedural masks, 20 million eye and face shields, 265 million gowns and coveralls and 14 billion gloves.

According to FEMA data, through June 18 the program had delivered 1.5 million N95 masks, 113.4 million surgical masks, 2.5 million face shields, 50.9 million gowns, 1.4 million coveralls and 937 million gloves. The total number of those supplies is about 7% — or one-thirteenth — of the numbers cited in Mr. Pence’s article.

We talked about the Journal’s decision to publish Pence’s dubious propaganda Friday on “Beat the Press” (above). At the time, I thought the problem was more a matter of absurdly optimistic spin in the face of rising infection rates in many states rather than factual inaccuracies. I may be been giving Pence too much credit.

I still think Sen. Tom Cotton’s recently op-ed in The New York Times was worse, since he falsely claimed antifa involvement in Black Lives Matter protests in order to justify military attacks on Americans.

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