Civil Rights

Aug
12

One City Is Following Through on Protests of Confederate Monuments

Tag: Art, Civil Rights, Culture and Society, Peace and War

Charlottesville is a diverse, enlightened, and progressive college town in Virginia with its public spaces dominated by war memorials, in particular memorials to Confederate soldiers not from Charlottesville who represent a five-year moment in the centuries of this place's history, as viewed by one wealthy white male racist donor at another moment in the 1920s. As the Black Lives Matter movement took off nationally this year, many Charlottesville residents demanded that imposing monuments to Robert E. Lee and Stonewall Jackson be removed from their places of prominence.

The city of Charlottesville has set up a commission on race, memorials, and public spaces. I've attended portions of two meetings and am genuinely impressed by the open, civil, and democratic process underway to find solutions and possibly consensus. The process has already been educational for me and for other members of the public and of the commission. Some white residents have mentioned realizing for the first time that African Americans do not see their history in Charlottesville's public memorials.

I am not African American, but I certainly feel the same way. I'm disgusted by the monuments to those who participated in land theft and genocide against Native Americans, by the monument to the war on Vietnam, Laos, and Cambodia that killed some six million people who go unmentioned on the monument, and by the Lee, Jackson, and generic Confederate soldier statues. The possibility of seeing people and movements and causes I actually care about memorialized in public space is exhilarating and not previously hoped for.

Apr
17

What's the Truth Hidden by the "Super Predators" Lie?

Tag: Civil Rights, Prison Industry, Race Relations

The desire to punish for the joy of punishing, for revenge, or for racist or sadistic domination has always had certain difficulties hiding behind the pretense of punishing for protection from danger. Creating fear of (young, black, male) "super predators" was a propaganda tactic for politicians like Hillary Clinton that bore some similarity to the efforts by politicians like Hillary Clinton to create fear of Iraqi weapons that didn't exist. The latter was meant to hide U.S. aggression toward Iraq. The former was meant to hide mad, raging punitive vindictiveness that sought to put lots of people in cages for lots of time regardless of the damage done.

One of the difficulties that pretending to punish people for public safety has in hiding real motives for mass incarceration is that the people whom the punishers most want to lock up for the longest time (or execute) are generally the least likely people to commit another crime (even if guilty of the first one). A 2009 study cited in the remarkable new book, Boy With a Knife, found that those who had been incarcerated for homicide were the very least likely to commit any kind of crime. In California in 2011 almost 49% of prisoners released later returned to prison for new criminal convictions, but that figure was less than 1% for those released who had been convicted of murder.

Feb
29

Talk Nation Radio: Holly Sterling on the unjust imprisonment of her CIA whistleblower husband

Tag: Civil Rights, Peace and War, Talk Nation Radio

  https://soundcloud.com/davidcnswanson/talk-nation-radio-holly-sterling-on-the-unjust-imprisonment-of-her-cia-whistleblower-husband

Holly Sterling is the wife of unjustly imprisoned CIA whistleblower Jeffrey Sterling. She discusses his case, his imprisonment, and efforts to request a pardon.

Total run time: 29:00

Host: David Swanson.Producer: David Swanson.Music by Duke Ellington.

Download from LetsTryDemocracy or Archive.Pacifica stations can also download from Audioport.

Syndicated by Pacifica Network.

Please encourage your local radio stations to carry this program every week!

Please embed the SoundCloud audio on your own website!

Past Talk Nation Radio shows are all available free and complete athttp://TalkNationRadio.org

and athttps://soundcloud.com/davidcnswanson/tracks

Jan
03

You Should Watch Making of a Murderer

Tag: Civil Rights, Prison Industry, Prosecution

There's a 10-hour documentary on Netflix with more to teach us than all the combined episodes of Star Wars. (Yes, it's nice to see a storm trooper refuse to fight, but only until he gleefully joins in the killing for the other side, with all his victims still in masks so that we, the executioner audience, don't have to see faces die.)

Making of a Murderer is a hugely important film, and it is in fact quite suspenseful. And I am about to SPOIL the plot for you. So please STOP READING until you've watched the film if you want it to include suspense. (To give you time to watch something so lengthy, I'll also spoil the rest of the NCAA basketball season and tournament for you. Virginia wins.)

HAVE YOU STOPPED READING IF YOU DON'T WANT THE PLOT SPOILED?

Good.

I'm going to assume you've seen Making of a Murderer or are not concerned about the element of suspense.

The reason I find a need to write about this is because it exposes a silent epidemic. If child abuse or rape or child labor or some other horror were never talked about, an article or book exposing an unknown epidemic would be quite valuable. And, historically, a video documenting such a thing would be remarkable.

This past year, videos filmed primarily on telephones have exposed the long-pre-existing epidemic of U.S. police murdering unarmed people. We still don't know the full size of that epidemic. It will of course pale beside something like cancer, while dwarfing other horrors about which we are trained to obsess, such as Islamic terrorism.

Making of a Murderer exposes something else that police do. But this is a horror that cannot be documented in a 5-minute video. It takes 10 hours. What police, together with prosecutors do, on a significant scale but a scale we have not yet tried to measure, is this: they frame innocent people and send them to prison.

The psychology involved is tantalizing but a bit of a distraction. When a police officer shoots an unarmed kid, we can ask whether the act grew out of sadism or racism or fear or carelessness. The fact is it grew out of impunity. When police and prosecutors -- and judges and juries -- railroad innocent people to prison, we can ask whether they've acted out of malice, ignorance, fear, or recklessness. The fact is that they've acted out of a sense of untouchable power.

That every level of law enforcement is twisted by racism is well documented in The New Jim Crow, among other places. We know that ugly and ignorant views regularly influence what police and prosecutors do. But Making of a Murderer is a true story of white people framing innocent white people with crimes. The victims of this frame-up are poor, poorly educated, and of markedly low intelligence and social skills. Various prejudices may have been at work. But primarily what's revealed in the documentary is the power of the presumption of guilt that comes with all criminal accusations, combined with the power of the presumption of innocence that in our culture belongs to the police, and only to the police.

During the explosive growth of the U.S. prison system, most people have gone to prison under plea bargains. That many innocent people have falsely pled guilty to plea bargains in order to avoid the risk of a higher penalty has been well documented, although we have no idea of the true scale of this phenomenon. Among those who go to trial in the United States, we know also that a significant number of innocents are found guilty. One reason we know this is that in a tiny fraction of cases there is DNA evidence to be tested that can prove innocence, and -- particularly during the 1980s -- there have been cases in which that evidence was maintained but not tested. Later testing has resulted in numerous exonerations.

Those lucky cases in which DNA evidence was available to free an innocent were not unlike most other cases in the manner in which a false guilty verdict was arrived at. As I've noted before, Brandon Garrett's Convicting the Innocent: Where Criminal Prosecutions Go Wrong examines the prosecutions of the first 250 people exonerated by DNA testing. Of the 250, 76% were misidentified by an eyewitness -- most of the witnesses having been led to that act by police and/or prosecutor, some of them badgered and threatened, others merely manipulated. Invalid forensic science expertise contributed to 61% of the convictions, much of it willfully manipulated, some fraction perhaps attributable to well-intentioned but negligent incompetence. Informants, mostly jailhouse informants, and most of them manipulated and bribed by police or prosecutor, helped out in 21% of the trials. In 16% of the cases, the accused supposedly confessed to the crime, but these "confessions" tended to be the result of police intimidation, manipulation, brutality, and simple lying. Garrett fears that similar problems infect the U.S. justice system as a whole. I have no doubt that they do.

In Making of a Murderer we see police produce a false confession, witnesses provide false testimony, the FBI provide false scientific evidence, and -- in a rape case toward the beginning of the story -- an eyewitness led by police into misidentifying a rapist. That earlier crime puts the protagonist in prison for 18 years before a DNA exoneration. Once free, he files a suit for $36 million that threatens to expose numerous crimes by the police who framed him for rape. But at that moment, they frame him for murder.

One of the police and prosecutors' main tools is the media. They produce a false confession by their victim's 16-year-old nephew that proves too ludicrous to be used in court. They never call him as a witness against his uncle. But the jury pool has already been overwhelmingly contaminated by the dramatic tale fed to the media. Many years ago, I reported on the production by the Culpeper, Virginia, police of a false confession by a low-IQ man named Earl Washington. The transcript of the confession was absurd. When asked a straight-forward question, Washington would guess, and always guess wrong. He didn't know any of the facts of the case. But the questioner would then feed him the facts and ask "Isn't that right?" and Washington, aiming to please, would agree. Some states have since required the videotaping of interrogations and confessions.

In the case of Making of a Murderer there is enough videotape of the questioning of the 16-year-old to make crystal-clear what happened. And yet it didn't do a damn bit of good. The kid had no money and therefore no expert defense. His lawyers and his jury blew it. But his uncle had two huge advantages. First he had been exonerated for an earlier crime. The fact that the police were out to get him was widely recognized. The local police department was forbidden to take part in the investigation of the new crime, and took part anyway, and happened to find key evidence. Second, Steve Avery -- that's the name of this innocent man -- settled his $36 million suit for $400,000 and used that money to hire excellent attorneys.

Now, having excellent attorneys is very rare but far from unheard of. Wealthy people have them all the time. But having attorneys who actually believe you're innocent is virtually unheard of. And having attorneys willing to argue that the police framed you is the most extreme rarity. Avery had all of these things, and it still was not enough.

What can we do? Sign this petition to free Steve Avery and his nephew Brendan Dassey.

What can we do about the thousands who could not afford to go to trial, could not afford a good lawyer, could not devise any means to persuade their good lawyer to believe them, and/or could not convince their good layer who believed them to risk his or her career by taking on the police department?

I think we have to work to encourage the production of films that will make the phenomenon of frame-ups as well known as the phenomenon of police murder. It's either that or get people to start reading.

Nov
19

Chicago Restricts Drones: Who's Next?

Tag: Civil Rights, Peace and War

Chicago media outlets are reporting that drones have been banned from most of Chicago's skies and cannot fly over you or your property without your permission. The text of the ordinance, however, makes exceptions for police that will require eternal vigilance.

Local legislative action around drones began in U.S. cities in early 2013 with the public demand for resolutions opposing foreign drone murders by the military and CIA (and related training in U.S. skies), combined with public concern about domestic U.S. police departments that had begun acquiring weaponized and surveillance drones. This quickly expanded to include concerns about private drones -- among other reasons, because surveillance footage from private drones could be acquired by governments. As near misses between drones and passenger aircraft began piling up, those issues of safety were added to the mix.

Chicago has now passed a modified version of an ordinance that forbids any drone "that is equipped with a firearm or other weapon" and any drone flown "with intent to use such small unmanned aircraft or anything attached to it to cause harm to persons or property." The new law also bans any drone flight "for the purpose of conducting surveillance, unless expressly permitted by law."

Then come the exceptions: "nothing in this section shall be construed to prohibit any person who is authorized by the Federal Aviation Administration . . . ." And: "nothing in this section shall be construed to prohibit the use of a drone by a law enforcement agency in accordance with Section 15 of the Freedom from Drone Surveillance Act, codified at 725 ILCS 167/1 et seq., or its successor provision."

That Illinois law allows police to use drones whenever they claim there is "a high risk of a terrorist attack" or they obtain a 45-day warrant from a court, or they decide they don't have time to bother obtaining a warrant and must act swiftly "to prevent imminent harm to life or to forestall the imminent escape of a suspect or the destruction of evidence," or they're attempting to locate a missing person but not undertaking a criminal investigation, or they're solely doing crime scene or traffic crash scene photography (with a warrant if on private property), or there is a disaster or public health emergency (which need not have been formally declared).

None of that explicitly allows weaponized drones for police, except in so far as the word "terrorist" is generally taken to allow just about anything. So, does Chicago's ban on weaponized drones remain intact for police? I'm pessimistic. I don't think the ban on entering the sky over private property or flying at night or flying drunk or any of the other bans survive for police. The law says "nothing in this section shall be construed to prohibit the use of a drone by a law enforcement agency. . . ."

How police drone use works out, I think, depends entirely on how the state law is interpreted and enforced. Who will monitor police drone use? Who will punish violations? The new Chicago ordinance includes penalties: "Any person who violates this section or any rule promulgated thereunder shall be fined not less than $500.00 nor more than $5,000.00 for each offense, or may be incarcerated for a term not to exceed 180 days, or both. Each day that a violation continues shall constitute a separate and distinct offense." But that sounds like a penalty for an individual, not a government agency.

I'm afraid what has been created is a policy of restricting drone use by individuals in Chicago, without effectively restricting it by the entities most likely to violate rights, intimidate, restrict ability to exercise free speech or assemble or petition the government for redress of grievances, and to use unjustifiable force.

This question is far from settled. Chicago is only one city. Other cities and states could choose to clearly ban weaponized drones, and to ban police surveillance drones under a clear system of supervision, oversight, and accountability.

Nov
03

Talk Nation Radio: Celine Nahory on Keeping Peace in Japan's Constitution and the World

Tag: Civil Rights, Peace and War, Talk Nation Radio

https://soundcloud.com/davidcnswanson/talk-nation-radio-celine-nahory-on-keeping-peace-in-japans-constitution-and-the-world 

Céline Nahory is International Coordinator for Peace Boat and the Global Article 9 Campaign. She also serves as Regional/International Representative in the International Peace Bureau's Council. She has worked for fifteen years with NGOs in the US, Japan and India, carrying out research and running advocacy campaigns on issues of peace, security, disarmament, economic justice and sustainable development.See:http://peaceboat.org/englishhttps://facebook.com/peaceboathttp://article-9.org/en/index.htmlhttps://facebook.com/article9

Total run time: 29:00

Host: David Swanson.Producer: David Swanson.Music by Duke Ellington.

Download from LetsTryDemocracy or Archive.

Pacifica stations can also download from AudioPort.

Syndicated by Pacifica Network.

Please encourage your local radio stations to carry this program every week!

Please embed the SoundCloud audio on your own website!

Past Talk Nation Radio shows are all available free and complete athttp://TalkNationRadio.org

and athttps://soundcloud.com/davidcnswanson/tracks

Oct
10

Amnesty International Once Again Refuses to Oppose War

Tag: Civil Rights, Peace and War, Political Ideas, Prosecution

In an online discussion I asked Salil Shetty, Secretary General of Amnesty International, a fairly straightforward question:

"Will Amnesty International recognize the UN Charter and the Kellogg Briand Pact and oppose war and militarism and military spending? Admirable as it is to go after many of the symptoms of militarism, your avoidance of addressing the central problem seems bizarre. The idea that you can more credibly offer opinions on the legality of constituent elements of a crime if you avoid acknowledging the criminality of the whole seems wrong. Your acceptance of drone murders as possibly legal if they are part of wars immorally and, again, bizarrely avoids the blatant illegality of the wars themselves."

Shetty replied without so much as hinting at whether or not Amnesty International would recognize the UN Charter or the Kellogg Briand Pact. In fairness, probably eight people on earth recognize the Kellogg Briand Pact, but the UN Charter is almost universally considered worthy of at least pretended respect and manipulation. And Shetty's last job before this one was for the United Nations. He did not address in any way my suggestion that many human rights abuses are symptoms of militarism. He did not explain how Amnesty can have more credibility speaking on the illegality of war's constituent parts by avoiding speaking to the illegality of war itself (a common contention of his colleagues when I've questioned them). I pointed fairly directly, in the limited number of characters permitted for the above question, to Amnesty's recent report on drones, but rather than answering my question about it, Shetty just pointed out the report's existence. Here is his full "response" to the question above:

"As a human rights organization, Amnesty International's main goal will always be to take that course of action which practically does the most to ensure protection for human rights and respect for international law. We strongly condemn opportunities which have been missed to take effective measures to protect human rights and civilians. We treat the fundamental human right to life with utmost importance -- hence the importance and status we give to our global death penalty campaign. We also believe that governments must not be allowed to use 'security' as an excuse to carry out human rights violations against their citizens. We know, for example, that the humanitarian and human rights catastrophe in Syria did not develop overnight. For the last few years, the states involved and the international community as a whole have manifestly failed to take effective action to stem the crisis, protect civilians, and hold perpetrators of crimes against humanity and war crimes to account. For several years now, Amnesty International's calls for targeted sanctions, an arms embargo and a referral of the situation in Syria to the Prosecutor of the International Criminal Court have gone largely unheeded despite the mounting toll on civilians. On drones: we find the use of drone aircraft deeply troubling, and we have published reports on the terrible suffering they have caused, for example in Pakistan, where the title speaks for itself 'Pakistan: Will I be next? US drone strikes in Pakistan'. amnesty.org/en/documents/...13/en/  The current status quo is absolutely unacceptable, as is the handwashing of the US administration on this theme."

Needless to say, Amnesty's proposal to refer "the situation in Syria" to the ICC is not actually anything of the sort. You can't refer a situation to the ICC. You refer an individual to the ICC. In this case, the individual whom Amnesty wants prosecuted is the individual whom the United States wants overthrown: Bashar al Assad. In other words, in replying to a demand to start opposing war, Shetty offers an example of one of the ways in which his and other human rights groups commonly facilitate wars in places like Syria and Libya, namely by giving war the aura of law enforcement by demanding international accountability for the crimes of one party, the party targeted by the West.

This doesn't mean Amnesty International is pro-war. This doesn't mean Amnesty International does more harm than good. An arms embargo is exactly what's needed. It does mean that Amnesty International falls far short of the role of good global citizen and maintains a radically different relationship to war than many of its supporters imagine.

Oct
09

Columbus Lives

Tag: Civil Rights, Culture and Society, Peace and War

Columbus was not a particularly evil person. He was a murderer, a robber, an enslaver, and a torturer, whose crimes led to possibly the most massive conglomeration of crimes and horrific accidents on record. But Columbus was a product of his time, a time that has not exactly ended. If Columbus spoke today's English he'd say he was "just following orders." Those orders, stemming from the Catholic "doctrine of discovery," find parallels through Western history right down to today's "responsibility to protect," decreed by the high priests of the United Nations.

A sense of where Columbus was coming from can be found in a series of, aptly named, papal bull(s). These decrees make clear that the church owns the earth, bestows privileges on Christians, hopes to plunder riches, hopes to convert non-Christians, and considers non-Christians devoid of any rights worthy of any respect -- including any non-Christians yet to be encountered in lands completely unknown to the church. Native Americans were literally pre-judged before the church (and its kings and captains) knew they existed.

The Dum Diversas Bull of 1452 gives the King of Portugal permission to attack Muslims in North Africa and begins by declaring them to be full of "the rage of the enemies of the name of Christ, always aggressive in contempt of the orthodox faith," and hopes that they can "be restrained by the faithful of Christ and be subjugated to the Christian religion." Attacking North Africa was "defensive" even then, as the king would "eagerly defend the faith itself and with powerful arm fight its enemies. We also look attentively to labor at the defense and growing of the said Religion."

The Pope adds other unnamed people can be attacked too: "[W]e grant to you full and free power, through the Apostolic authority by this edict, to invade, conquer, fight, subjugate the Saracens and pagans, and other infidels and other enemies of Christ, . . . and to lead their persons in perpetual servitude."

In 2011, the U.S Department of Justice submitted to Congress a written defense of attacking North Africa claiming the war on Libya served the U.S. national interest in regional stability and in maintaining the credibility of the United Nations. But are Libya and the United States in the same region? What region is that, earth? And isn’t a revolution the opposite of stability? And does the United Nations gain credibility when wars are waged in its name?

The Romanus Pontifex Bull of 1455 was, if anything, even more full of bull, as it pontificated on places as yet unknown but fully worthy of judgment and condemnation. The church's goal was "to cause the most glorious name of the said Creator to be published, extolled, and revered throughout the whole world, even in the most remote and undiscovered places, and also to bring into the bosom of his faith the perfidious enemies of him and of the life-giving Cross by which we have been redeemed, namely the Saracens and all other infidels whatsoever." How could someone unknown be an enemy? Easy! People unknown by the church were, by definition, people who did not know the church. They were, therefore, perfidious enemies of the life-giving Cross.

When Columbus sailed, he knew beforehand that he could not possibly enounter any people worthy of any respect. The Inter Caetera Bull of 1493 tells us that Columbus "discovered certain very remote islands and even mainlands that hitherto had not been discovered by others; wherein dwell very many peoples living in peace, and, as reported, going unclothed, and not eating flesh." Those very many peoples had not discovered the place they were living, because they did not count as being anyone able to discover anything for Christianity. "You purpose also," wrote the pope, "as is your duty, to lead the peoples dwelling in those islands and countries to embrace the Christian religion."

Or else.

Or else what? The Requerimiento of 1514 that conquistadores read to the people they "discovered" told them to "accept the Church and Superior Organization of the whole world and recognize the Supreme Pontiff, called the Pope, and that in his name, you acknowledge the King and Queen, as the lords and superior authorities of these islands and Mainlands by virtue of the said donation. If you do not do this, however, or resort maliciously to delay, we warn you that, with the aid of God, we will enter your land against you with force and will make war in every place and by every means we can and are able, and we will then subject you to the yoke and authority of the Church and Their Highnesses. We will take you and your wives and children and make them slaves, and as such we will sell them, and will dispose of you and them as Their Highnesses order. And we will take your property and will do to you all the harm and evil we can, as is done to vassals who will not obey their lord or who do not wish to accept him, or who resist and defy him. We avow that the deaths and harm which you will receive thereby will be your own blame, and not that of Their Highnesses, nor ours, nor of the gentlemen who come with us."

But otherwise it's great to see you, beautiful land you have here, and we hope not to be too much inconvenience!

All people have to do to save themselves is bow down, obey, and allow the destruction of the natural world around them. If they won't do that, why, then a war on them is their own fault. Not ours. We're pre-absolved, we've got an Authorization for the Use of Military Force, we're packing U.N. resolutions.

In 1823 Supreme Court Chief Justice John Marshall cited the "doctrine of discovery" to justify stealing land from Native Americans in the case Johnson v. M'Intosh that has ever since been seen as the foundation of land ownership and property law in the United States. Marshall ruled for a unanimous court, uncontroversially, that Native Americans could not own or sell land, except when selling it to the federal government which had taken over the role of conqueror from the British. Natives could not possess sovereignty.

"The Responsibility to Protect (R2P or RtoP) is a proposed norm that sovereignty is not an absolute right," according to Wikipedia, which is as authoritative a source as any, since R2P is not a law at all, more of a bull. It continues: ". . . and that states forfeit aspects of their sovereignty when they fail to protect their populations from mass atrocity crimes and human rights violations (namely genocide, crimes against humanity, war crimes, and ethnic cleansing). . . . [T]he international community has the responsibility to intervene through coercive measures such as economic sanctions. Military intervention is considered the last resort."

If we understand "sovereignty" to mean the right not to be attacked by foreigners, the high church on the East River does not recognize it among the pagans. Saudi Arabia may murder many innocents, but the church chooses to bestow grace and weapons shipments. The same for Bahrain, Egypt, Israel, Jordan, etc. The church, under the influence of Cardinal Obama, does not recognize sovereignty but bestows mercy. In Iraq, Libya, Iran, Syria, Palestine, Afghanistan, Pakistan, Yemen, Ukraine, Honduras, and other troubled lands of Saracens and infidels, they bring righteous rape and pillage on themselves. It's not the fault of the armies performing their duty to attack and enlighten.

Back in the 1980s I lived in Italy and there was a funny movie called Non resta che piangere (Nothing left to do but cry) about a couple of buffoons who were magically transported back to 1492. They immediately decided to try to stop Columbus in order to save the Native Americans (and avoid U.S. culture). As I recall, they were too slow and failed to stop Columbus' departure. There was nothing left to do but cry. They might, however, have worked on altering the people who would welcome Columbus back with collectively sociopathic ideas. For that matter, they might have returned to the 1980s and worked on the same educational mission.

It's not too late for us to stop celebrating Columbus Day and every other war holiday, and focus instead on including among the human rights we care about, the right not to be bombed or conquered.

Oct
04

Can Corporatized Universities Allow Criticism of Israel?

Tag: Civil Rights, Culture and Society, Media, Peace and War

The University of California is seeking to ban criticism of Israel. This is a widespread phenomenon in the United States, as attested by two new reports and cases like that of Steven Salaita, author of Uncivil Rights: Palestine and the Limits of Academic Freedom.

Salaita was fired by the University of Illinois for criticizing Israel on Twitter. Norman Finkelstein had been denied tenure by DePaul University for criticizing Israel. William Robinson was almost driven out at UC Santa Barbara for refusing to "repent" after criticizing Israel. Joseph Massad at Columbia had a similar experience.

Why, in a country that stretches "freedom of speech" to the point of covering the bribery of politicians, should it be acceptable to criticize the United States but not a tiny, distant country only just created in 1948? And why should such censorship reach even into institutions that usually pile "academic freedom" on top of "freedom of speech" as an argument against censorship?

First and foremost, I think, is the nature of Israel. It's a nation practicing apartheid and genocide in the twenty-first century using U.S. funding and weaponry. It can't persuade people of the acceptability of these policies in open debate. It can only continue its crimes by insisting that -- precisely as a government serving one ethnic group only -- any criticism amounts to the threat of apartheid and genocide known as "anti-Semitism."

Second, I think, is the subservience of the contemporary degenerate educational institution, which serves the wealthy donor, not the exploration of human intellect. When wealthy donors demand that "anti-Semitism" be stamped out, so it is. (And how can one object without being "anti-Semitic" or appearing to dispute that there actually is real anti-Semitism in the world and that it is as immoral as hatred of any other group.)

Third, the crackdown on criticizing Israel is a response to the success of such criticism and to the efforts of the BDS (boycotts, divestment, and sanctions) movement. Israeli author Manfred Gerstenfeld published openly in the Jerusalem Post a strategy for making an example of a few U.S. professors in order to "diminish the threat of boycotts."

Salaita called his book Uncivil Rights because the accusations of unacceptable speech typically take the form of proclaiming a need to protect civility. Salaita didn't tweet or otherwise communicate anything actually anti-Semitic. He tweeted and otherwise communicated many statements opposing anti-Semitism. But he criticized Israel and cursed at the same time. And to compound the sin, he used humor and sarcasm. Such practices are enough to get you convicted in a U.S. Court of Indignation without any careful examination of whether the sarcastic cursing actually expressed hatred or, on the contrary, expressed justifiable outrage. Reading Salaita's offending tweets in the context of all his other ones exonerates him of anti-Semitism while leaving him clearly guilty of "anti-Semitism," that is: criticizing the Israeli government.

This criticism can take the form of criticizing Israeli settlers. Salaita writes in his book:

"There are nearly half a million Jewish settlers on the West Bank. Their population currently grows at double the rate of other Israelis. They use 90 percent of the West Bank's water; the 3.5 million Palestinians of the territory make due with the remaining 10 percent. They travel on Jewish-only highways while Palestinians wait for hours at checkpoints (with no guarantee of passing through, even when they are injured or giving birth). They regularly assault women and children; some bury alive the natives. They vandalize homes and shops. They run over pedestrians with their cars. They restrict farmers from their land. They squat on hilltops that don't belong to them. They firebomb houses and kill babies. They bring with them a high-tech security force largely composed of conscripts to maintain this hideous apparatus."

One could read even such a longer-than-twitter criticism and imagine certain additions to it. But, reading the whole book from which I've quoted it, would eliminate the possibility of fantasizing that Salaita is, in this passage, advocating vengeance or violence or condemning settlers because of their religion or ethnicity or equating all settlers with each other except in so far as they are part of an operation of ethnic cleansing. Salaita does not excuse either side of the conflict but criticizes the idea that there is a conflict in Palestine with two equal sides:

"Since 2000, Israelis have killed 2,060 Palestinian children, while Palestinians have killed 130 Israeli children. The overall death count during this period is over 9,000 Palestinians and 1,190 Israelis. Israel has violated at least seventy-seven UN resolutions and numerous provisions of the Fourth Geneva Conventions. Israel has imposed hundreds of settlements on the West Bank, while Palestinians inside Israel increasingly are squeezed and continue to be internally displaced. Israel has demolished nearly thirty thousand Palestinian homes as a matter of policy. Palestinians have demolished zero Israeli homes. At present more than six thousand Palestinians languish in Israeli prisons, including children; no Israeli occupies a Palestinian prison."

Salaita wants Palestinian land given back to Palestinians, just as he wants at least some Native American land given back to Native Americans. Such demands, even when they amount to nothing but compliance with existing laws and treaties, seem unreasonable or vengeful to certain readers. But what people imagine education consists of if not the consideration of ideas that at first seem unreasonable is beyond me. And the notion that returning stolen land must involve violence is a notion added to the proposal by the reader.

However, there is at least one area in which Salaita is clearly and openly accepting of violence, and that is the United States military. Salaita wrote a column criticizing "support the troops" propaganda, in which he said, "My wife and I often discuss what our son might grow up to accomplish. A consistent area of disagreement is his possible career choice. She can think of few things worse than him one day joining the military (in any capacity), while I would not object to such a decision."

Think about that. Here is someone making a moral argument for opposing violence in Palestine, and a book-length defense of the importance of this stand outweighing concerns of comfort or politeness. And he wouldn't so much as object to his son joining the United States military. Elsewhere in the book, he notes that U.S. academics "can travel to, say, Tel Aviv University and pal around with racists and war criminals." Think about that. This is an American academic writing this while David Petraeus, John Yoo, Condoleezza Rice, Harold Koh, and dozens of their fellow war criminals teach in U.S. academia, and not without huge controversy about which Salaita cannot have avoided hearing. In response to outrage at his criticism of "support the troops," his then-employer, Virginia Tech, loudly proclaimed its support for the U.S. military.

The U.S. military acts on the belief, as found in the names of its operations and weapons as well as in its extended discussions, that the world is "Indian territory," and that native lives don't matter. A West Point professor recently proposed targeting critics of U.S. militarism with death, not just denial of tenure. And why is such criticism dangerous? Because nothing the U.S. military does to the people of Afghanistan, Iraq, Pakistan, Yemen, Somalia, Syria, or anywhere else is any more defensible than what the Israeli military does with its help -- and I don't think it would take much consideration of the facts for someone like Steven Salaita to realize that.

Sep
24

The War to End Slavery Didn't

Tag: Civil Rights, Peace and War

As documented in Douglas Blackmon's book, Slavery By Another Name: The Re-Enslavement of Black Americans from the Civil War to World War II, the institution of slavery in the U.S. South largely ended for as long as 20 years in some places upon completion of the U.S. civil war. And then it was back again, in a slightly different form, widespread, controlling, publicly known and accepted -- right up to World War II. In fact, in other forms, it remains today. But it does not remain today in the overpowering form that prevented a civil rights movement for nearly a century. It exists today in ways that we are free to oppose and resist, and we fail to do so only to our own shame.

During widely publicized trials of slave owners for the crime of slavery in 1903 -- trials that did virtually nothing to end the pervasive practice -- the Montgomery Advertiser editorialized: "Forgiveness is a Christian virtue and forgetfulness is often a relief, but some of us will never forgive nor forget the damnable and brutal excesses that were committed all over the South by negroes and their white allies, many of whom were federal officials, against whose acts our people were practically powerless."

This was a publicly acceptable position in Alabama in 1903: slavery should be tolerated because of the evils committed by the North during the war and during the occupation that followed. It's worth considering whether slavery might have ended more quickly had it been ended without a war. To say that is not, of course, to assert that in reality the pre-war United States was radically different than it was, that slave owners were willing to sell out, or that either side was open to a non-violent solution. But most nations that ended slavery did so without a civil war. Some did it in the way that Washington, D.C., did it, through compensated emancipation.

Had the United States ended slavery without the war and without division, it would have been, by definition, a very different and less violent place. But, beyond that, it would have avoided the bitter war resentment that has yet to die down. Ending racism would have been a very lengthy process, regardless. But it might have been given a head start rather than having one arm tied behind our backs. Our stubborn refusal to recognize the U.S. civil war as a hindrance to freedom rather than the path to it, allows us to devastate places like Iraq and then marvel at the duration of the resulting animosity.

Wars acquire new victims for many years after they end, even if all the cluster bombs are picked up. Just try to imagine the justifications that would be made for Israel's attacks on Palestinians had World War II not happened.

Had the Northern U.S. allowed the South to secede, ended the returning of "fugitive slaves," and used diplomatic and economic means to urge the South to abolish slavery, it seems reasonable to suppose that slavery might have lasted in the South beyond 1865, but very likely not until 1945. To say this is, once again, not to imagine that it actually happened, or that there weren't Northerners who wanted it to happen and who really didn't care about the fate of enslaved African Americans. It is just to put into proper context the traditional defense of the civil war as having murdered hundreds of thousands of people on both sides in order to accomplish the greater good of ending slavery. Slavery did not end.

Across most of the South, a system of petty, even meaningless, crimes, such as "vagrancy," created the threat of arrest for any black person. Upon arrest, a black man would be presented with a debt to pay through years of hard labor. The way to protect oneself from being put into one of the hundreds of forced labor camps was to put oneself in debt to and under the protection of a white owner. The 13th Amendment sanctions slavery for convicts, and no statute prohibited slavery until the 1950s. All that was needed for the pretense of legality was the equivalent of today's plea bargain.

Not only did slavery not end. For many thousands it was dramatically worsened. The antebellum slave owner typically had a financial interest in keeping an enslaved person alive and healthy enough to work. A mine or mill that purchased the work of hundreds of convicts had no interest in their futures beyond the term of their sentences. In fact, local governments would replace a convict who died with another, so there was no economic reason not to work them to death. Mortality rates for leased-out convicts in Alabama were as high as 45 percent per year. Some who died in mines were tossed into coke ovens rather than going to the trouble to bury them.

Enslaved Americans after the "ending of slavery" were bought and sold, chained by the ankles and necks at night, whipped to death, waterboarded, and murdered at the discretion of their owners, such as U.S. Steel Corporation which purchased mines near Birmingham where generations of "free" people were worked to death underground.

The threat of that fate hung over every black man not enduring it, as well as the threat of lynching that escalated in the early 20th century along with newly pseudo-scientific justifications for racism. "God ordained the southern white man to teach the lessons of Aryan  supremacy," declared Woodrow Wilson's friend Thomas Dixon, author of the book and play The Clansman, which became the film Birth of a Nation.

Five days after the Japanese attack on Pearl Harbor, the U.S. government decided to take prosecuting slavery seriously, to counter possible criticism from Germany or Japan.

Five years after World War II, a group of former Nazis, some of whom had used slave labor in caves in Germany, set up shop in Alabama to work on creating new instruments of death and space travel. They found the people of Alabama extremely forgiving of their past deeds.

Prison labor continues in the United States. Mass incarceration continues as a tool of racial oppression. Slave farm labor continues as well. So does the use of fines and debt to create convicts. And of course, companies that swear they would never do what their earlier versions did, profit from slave labor on distant shores.

But what ended mass-slavery in the United States for good was not the idiotic mass-slaughter of the civil war. It was the nonviolent educational and moral force of the civil rights movement a full century later.

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