Category Archives: Race

UPDATE II: Ferguson: Thankful For The Founding Fathers’ Legal Legacy (Racial Bifurcation Is Fact)

Founding Fathers, Justice, Law, Race, Racism, Reason

“Ferguson: Thankful For The Founding Fathers’ Legal Legacy” is the current column, now on WND. An excerpt:

Grand-jury deliberations were conducted behind closed doors. The decision was announced at night. It was too dark. Jurors were given too much information to absorb. The St. Louis County prosecuting attorney was not sufficiently involved in the proceedings. The latter, Bob McCulloch, was too “cold” in sharing the cold, hard facts of the case with the public. His remarks were excessively long; or redundant all. The police were too passive in their response to the pillage that followed the unpopular decision.

These are a few of the complaints voiced by the “Racism Industrial Complex (RIC)” against a grand-jury decision in the shooting death of Michael Brown, in Ferguson, Missouri. A quorum of ordinary Americans has determined that Officer Darren Wilson was not “the initial aggressor,” that the officer “acted in self-defense”; that he “was authorized to use deadly force,” in a situation in which he found himself being punched—and then bull-rushed by a demonic-looking mountain of flesh, Michael Brown. …

… I hate to say it, but these riots are an object lesson as to what transpires in certain chaotic communities when the police practice peaceful resistance.

Let’s face it: Had St. Louis County Prosecuting Attorney Bob McCulloch, a Democrat, opted for an open, probable-cause hearing before a judge, as opposed to convening a grand jury, the “Racism Industrial Complex”—forced to face a decision not to its liking—would be decrying the despotism of this single judge. They’d be calling for a jury of the people’s representatives, as bequeathed by the Founding Fathers, in the 5th Amendment of the Bill of Rights. The grand jury institution, as legal analyst Paul Callan has explained, “was actually created by the Founders to provide a wall of citizen protection against overzealous prosecutors.”

Had the decision been revealed in the AM, the RIC herd would have argued for a night-time reveal.

Had Mr. McCulloch meddled with the jury, he’d still be accused of rigging the outcome against Brown.

Had McCulloch hand-picked the evidence for the grand jury, instead of providing the 12 jurors with access to all of it—a “document dump,” brayed Big Media—he’d have been accused of concealing information.

Had the cops moved to curtail the crowds from “venting” over “legitimate issues,” caused by “the legacy of racial discrimination”—the president words—they’d have been convicted of police brutality.

As to the affective dimension, McCulloch’s alleged frigid demeanor: A silent majority whose “culture” is being crowded out still finds such WASPY mannerisms comforting and familiar; a sign of professionalism, dignity, decorum and rationality. Profoundly alien and disturbing was the wretched excesses of Michael Brown’s mother (Lesley McSpadden) and her new husband (Louis Head)—both of whom have had brushes with the law—howling, “Burn this bitch down.” …

… Read the rest. “Ferguson: Thankful For The Founding Fathers’ Legal Legacy” is now on WND.

Happy Thanksgiving.
ILANA

UPDATE I (11/28): Racial Bifurcation is Fact. The jury’s
racial make-up was majority white. “According to the St. Louis
Post-Dispatch, the racial makeup of the grand jury [was] similar to the racial breakdown of St. Louis County, which is about 24 percent black and about 68 percent white.” A majority black jury would have opted to indict Darren Wilson.

UPDATE II: As with the OJ decision, America is bifurcated along racial lines. “Pew Research Center polling consistently shows that,

When it comes to Ferguson, a larger share of blacks than whites said the shooting of Michael Brown raised important questions about race, according to an August survey conducted just after the event. Eight-in-ten blacks said the shooting raised issues “that need to be discussed.” Whites took a much different view: about half said race was getting more attention than it deserved while 37% of whites shared the views of most blacks that the case raised larger issues.

MORE.


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UPDATE II: The McCulloch Remarks Nobody Bothered To READ (Coulter’s Blame-Liberals Reductionism/Rubbish)

Ann Coulter, Justice, Law, Left-Liberalism, libertarianism, Race, Racism

Regrettably, at the time of the Michael-Brown shooting, this libertarian column had expressed the opinion that Brown was the victim of “murder-by-cop.” As the evidence subsequently demonstrated, I was wrong.

Part of my conversion lies is the remarks of St. Louis County Prosecuting Attorney Bob McCulloch, a Democrat. These were, well, remarkable. (More about that in the weekly, WND column, tomorrow.) McCulloch’s remarks revealed the exhaustive scope of the search for truth undertaken by a grand jury that was left to its own devices.

Since the text of the statement has not been disseminated, I’ve transcribed and summarized some of it for interested Americans. Particularly brilliant is the manner in which McCulloch co-opted the DC “RIC” in support of the rule of law, in Ferguson, Missouri:

St. Louis county police conducted an extensive investigation at the crime scene together with agents of the Federal Bureau of Investigation, at the direction of Attorney General Eric Holder. Together they sought out witnesses and gathered additional information over a period of three months, beginning on the day of the shooting death of Michael Brown. Fully aware of the growing concerns in parts of the community that the investigation and review of the death would not be full and fair, St. Louis County Prosecuting Attorney Bob McCulloch decided to hand over to a grand jury all physical evidence related to the case, all individuals claiming to have witnessed any aspect of the events and any and all related matters. The grand jury comprised of 12 members of the community.

Federal investigators worked closely with local law enforcement, with the St. Louis county police and persecutor and Attorney General Holder and his department vowing to follow where the evidence led. These federal investigators shared information with St. Louis county investigator and vice versa. In addition, the Department of Justice conducted its own investigation and performed its own autopsy. Yet another autopsy was carried out by the Brown family and all information was shared and collated. All testimony before the grand jury was immediate forwarded to the DOJ. Eyewitness accounts were compared with the physical evidence. Many witnesses contradicted their own statements and the physical evidence.

As an example of witness testimony that contradicted the physical evidence McCulloch offered numerous statements that claimed to have seen Officer Wilson stand above Michael Brown and fire many rounds into his back. Others claimed that Officer Wilson shot Mr. Brown in the back as he was running away. Once the autopsy was released showing that the deceased did not sustain injuries to his back, statements to that effect were retracted. Others admitted they had, in fact, not witnessed the shooting.

All statements were recorded and presented to the grand jury before the autopsy results were released. There was no “document dump,” as some media claimed. Two of Bob McCulloch’s assistants presented the information to the jury in an organized, systematic manner. All jurors heard every word of testimony and examined every item of evidence presented. McCulloch described a proactive and engaged group working since August 9th to do their due diligence. In the course of 25 days, the jury dissected over 70 hours of testimony and listened to 60 witnesses. They heard from three medical examiners and many other DNA and forensic experts. They examined hundreds of photographs and looked at various pieces of physical evidence. They were instructed in the law and presented with five possible indictments. Their burden was to determine, based on all the evidence, if probable cause existed to determine that a crime was committed and Daren Wilson committed that crime. There is no question that Officer Wilson caused the death of Michael Brown by shooting him. However the law authorizes an officer of the law, and all people, to use deadly force to defend themselves in certain situations. The grand jury considered whether Officer Wilson was the initial aggressor, or whether he was authorized to use deadly force in the situation and acted in self-defense.

They were the only people who examined every piece of evidence and heard every witness. They debated among themselves. After an exhaustive review of the evidence the grand jury deliberated further over two days to arrive at their final decision. And it is that no probable cause exists to file any charges against Officer Darren Wilson. They returned a “No True” bill on each of the five indictments. All the evidence, witness statements included, was made public.

[SNIP]

UPDATE I: I abbreviated without explaining: RIC is the “Racism Industrial Complex,” originated by Jack Kerwick. More in the weekly, WND column, tomorrow.

UPDATE II: Coulter’s Blame-Liberals Reductionism/Rubbish. As I always argue, in the structure of argument—and thus the source of culpability— there is no difference between conservative, lite-libertarian, and left liberal. That structure is: The Dog/Society/State/Liberals Ate the Criminal’s Homework. This, Ann Coulter proves. She blames liberals for rioter actions.

“‘Absolut’ Libertarian Lunacy” touches on this blame the society/state/liberals reductionism: “For the sins of man, hard leftists blame society, and hard-core libertarians saddle the state. ‘The State made me do it’ is how such social determinism can be summed-up.”


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UPDATE IV: A Remarkable Legal Process Unfolds In Ferguson (Individualism Vs. Collectivism)

Individualism Vs. Collectivism, Justice, Law, libertarianism, Race

A remarkable process unfolded in Ferguson, Missouri, where St. Louis County Prosecuting Attorney Bob McCulloch has just detailed the grand jury’s lengthy fact-finding mission, executed impressively, the upshot of which is that Darren Wilson, the police officer whose fatal shooting of the unarmed Michael Brown “sparked days of turbulent protests,” will not be indicted.

As infuriating as ever is that the entirety of the text of an official statement is no longer released to media, right away. No one reads any longer. However, McCulloch’s remarks (précised here) were impressive in the exhaustive scope of the search for truth they reveal, undertaken by a grand jury that was left to its own devices.

Nor did the unethical intervention of Attorney General Eric Holder and President Barack Obama on one side of the dispute serve to sway the grand jury. This is a good day for American justice. Unfortunately, many of the vested interests do not understand that the law is a search for facts; truth, and not about an abstract idea of social justice that exists in the minds of the perpetually aggrieved.

UPDATE I: Documents:

* Ferguson grand jury documents, courtesy of the LA Times.

* President Obama’s remarks after the Ferguson grand jury announcement.

UPDATE II (11/25): In the absence of text, I had to transcribe, but will keep the written material for the weekly column.

UPDATE III: FACEBOOK Thread:

Myron Robert Pauli The grand jury most likely acted properly (I say most likely since I was not presented with all the evidence) and any rioting is inexcusable. But I will slightly digress in saying that I read a long but interesting article by “libertarian” Radley Balko on how the local governments (politicians/lawyers/cops) exploit the lower classes (mostly black) in St. Louis County by extorting $$$ to support their parasitical power base using petty traffic crimes, etc. When government goes from protecting lives and liberty and property of people to just bleeding people to support itself (e.g. Inspector Javert meets Lucky Luciano) – it is a sad and tragic overreach. A long article but it raises interesting questions.

Ilana Mercer: Dog ate my homework, Myron Robert Pauli, from left-libertarians. The government robs me too. Blind. It robs you as well. More so than those who get back from the state (aka the taxpayer) more than they pay in. This is a prime example of confusing the argument. Lite libertarians make the mistake a lot. “‘Absolut’ Libertarian Lunacy” touches on this blame the state for individual flaws: “For the sins of man, hard leftists blame society, and hard-core libertarians saddle the state. ‘The State made me do it’ is how such social determinism can be summed-up.”

UPDATE IV (11/26): FACEBOOK Thread:

Myron Robert Pauli:

I always like to caution those on the right OR left when dealing with statistics about people. Yes, in my business, it might mean something to say that “Sensor X has an 80% of detecting Vehicle Y and Range R in Atmospheric Condition Z” – models and data points can be validated to some degree and one can draw conclusions. People are a bit different – so when the left says “look, Group N is underrepresented in Activity M” (Vietnamese women in the NBA, Black women in physics departments), it is not per se a proof of some deep conspiracy. Similarly, if 0.01% of Thai women are pathologically violent but 2% of black men are pathologically violent, it still means that 98% of black men are NOT pathologically violent even if it is far more likely to see that group rather than Thai women behind bars. However, statistical generalizations aside, Ferguson’s Kristallnacht is a reason to be depressed about the “melting pot ideal” working in America.
3 hrs · Like · 1

Ilana Mercer:

Actually, Myron Robert Pauli, sorry to burst the Bubble you’ve retreated into, but check that book, “Into the Cannibal’s Pot.” I gave it to you personally. If only 98% of black men were non-violent, we’d have our Jeffersonian republic. South Africa would be one too. Your stats are way OFF. Still, you are right about treating individuals as individuals, something I’ve preached too for as long as I can remember. Coming from a “black” country, my book is dedicated to 2 black ladies the likes of which cannot be matched among whites: ladies of the finest upbringing and nobility of character!!!! My dad’s caretaker is a gem: a black man. Kind and sweet like nothing I’ve seen among whites. Myron Robert Pauli, you are right about your reminder, not your numbers.


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Tyranny Strives For Uniformity: The Onslaught Against Steve Hofmeyr

Free Speech, Media, Natural Law, Political Correctness, Race, Racism, South-Africa

South African media (even more illiberal than America’s) have almost nothing positive to say about Steve Hofmeyr, an immensely popular singer, songwriter, actor and Afrikaner activist. (In the new multicultural South Africa, Afrikaner identity is tantamount to a “racist” identity, naturally.) For speaking out of turn, the forces of tyranny have converged on Hofmeyr with the intent to silence him, and worse. Note the sovietized nomenclature used to bring one man to heel and to induce conformity: Hofmeyr is said to go against “nation-building,” to be “extremely abnormal,” to express a “startling sentiment.”

OMG!

A fellow named Brad Cibane, in training at the American Ivy League (which, increasingly, does not stand for true intellectual excellence) to excel as Conformity Enforcer in South Africa, illustrates his terrifying notion of allowable speech. Deploying somewhat specious distinctions such as the “vertical right to free speech vs. horizontal right to free speech”— Cibane does, however, make a valid point with respect to Hofmeyr’s court injunction against a clown called Conrad Koch. Both have a natural right to speak out of turn. Nevertheless, I do understand Hofmeyr wanting to use all arrows in his quiver because the deck—the state included—is stacked against him and his cause.

The libertarian imperative here is to deal with the meta-issues, leaving out the substance of the offending words: They are irrelevant. As this column has explained, policing what people say for political propriety is not a dance in which libertarians should partake—it is “a dance adopted by the political establishment to cow contrarians into submission. By going on the defensive—allowing themselves to be drawn into these exchanges—libertarians are, inadvertently, conceding that speech should be policed for propriety, and that those who violate standards set by the PC set are somehow defective on those grounds alone, and deserve to be purged from “polite” company.”


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Black Caesar, Black AG

Conflict, Crime, Law, Race, Racism

Other than interfering with the decision of Missouri Governor Jay Nixon to declare a state of emergency in Ferguson, on the eve of the grand jury’s decision in the matter of Michael Brown, as well as instructing local law enforcement authorities in “proper” policing, not to mention inserting himself qua long-suffering black man into the narrative of oppression—the attorney general of black America, Eric Holder, delivered these not-so veiled introductions, Friday:

* To Police: “It is vital to engage in planning and preparation, from evaluating protocols and training to choosing the appropriate equipment and uniforms.” (How about adding garlands around the neck, Hawaii-style?)

* Guess whose side the AG is on: The “demonstrations and protests … have sought to bring attention to real and significant underlying issues involving police practices, implicit bias, and pervasive community distrust.”

* Listen-up, you “nation of cowards,” hurry up and change your errant ways: “… demonstrations like these have the potential to spark a sustained and positive national dialogue, to provide momentum to a necessary conversation, and to bring about critical reform.”

* “… progress will not come easily, and long-simmering tensions will not be cooled overnight. These struggles go to the heart of who we are, and who we aspire to be [an Obama oft-repeated cliché], both as a nation and as a people—and it is clear that we have a great deal of important work to do.”

True to type, Holder has taken sides.

MORE.


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Keeping A Cool Head About Proceedings In Ferguson

Justice, Law, Race

I’ve described him as “a usually reserved, dignified, civil-rights attorney.” Writing in The Daily Beast, Paul Callan expatiates on those “ill-informed ‘experts'” who’re misleading the public on the grand jury proceedings in the shooting death of 18-year-old Michael Brown by Officer Darren Wilson. “There’s No Conspiracy in Ferguson’s Secret Jury”:

… If the evidence provides reasonable cause to believe a crime was committed, the grand jurors’ oath requires a vote to indict.

On the other hand, if Officer Wilson is found to have acted lawfully in his use of deadly force, then he deserves a dismissal and the right to salvage whatever scraps of a normal life will be left for him when the case is over. Only the facts of this case are relevant. The grand jury is not charged with resolving the issue of police brutality or even sending a message about it.

The law authorizes police officers to use deadly physical force in a wider variety of situations than permitted for ordinary citizens. It can be used not only in self-defense but also in certain cases to subdue a fleeing felon who poses a danger to the officer or the public. A police officer has no duty to retreat and can stand his ground even though an encounter with a potentially dangerous suspect might be avoided by backing off and waiting for help. The prosecutor will provide instructions on these and other important legal principles before the grand jury votes to indict or return “No True Bill,” precluding a trial.

Though the grand jury is an imperfect forum for resolving social issues, it works very well in finding truth. …

… The grand jury inquiry affords opportunity to test accuracy of witness accounts. If the witness did in fact witness such a terrible crime, the testimony will survive in the crucible of cross-examination. If true, it will have a discernable consistency with the forensic evidence. Was the witness really in the time and place to have made the claimed observations? Was the suspect raising his hands in a surrender gesture or could the arm placement have been viewed from a different angle as an aggressive “tackle” gesture? How close was Michael Brown to Officer Wilson when he turned in Wilson’s direction? How much time did the officer have to react? Do the varied autopsy reports support or contradict witness testimony? Did Michael Brown have a motive to violently attack the officer?

MORE.


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