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Aquarian
Weekly 8/5/09
REALITY CHECK
STUPIDLY,
STUPIDLY, STUPIDLY...
...Life Is But A Dream
The
right of the people to be secure in their persons, houses, papers,
and effects, against unreasonable searches and seizures, shall
not be violated, and no Warrants shall issue, but upon probable
cause, supported by Oath or affirmation, and particularly describing
the place to be searched, and the persons or things to be seized.
- 4th Amendment to the United States Constitution
Last
week in the final seconds of a nearly one-hour press conference
on Healthcare reform the president of the United States commented
derisively on a curious case of police activity in Cambridge,
Massachusetts. Barack Obama, despite admitting he did not know
the hard details of the case but did have a personal relationship
with the accused, said the police acted "stupidly". After a close
review of the police report it turns out the president was kind.
What the police did to a Mr. Henry Louis Gates Jr. was beyond
blunder or misconduct. It was criminal, and when all is said and
done should be tried and convicted as such.
The
"stupidly" part came afterwards.
The
ensuing furor over the president offering any commentary on such
a random case, despite its thorny racial overtones, was heated
and somewhat warranted, even though as the first citizen of the
United States and its chief executive officer and protector of
the constitution, and also, (yikes!), a black man, he was simply
asked and answered honestly. However, rarely are presidents as
candid and forthcoming on such matters, excluding, of course,
the famous quote from Richard Nixon about Charles Manson's obvious
guilt smack dab in the middle of the most dramatic trial of the
twentieth century. The president busting on cops would be a cause
for uproar. Apparently the president can only mock the press,
dissidents, evildoers, or hippies without backlash.
Of
course the president eventually backslid, as everyone does these
days, which is very disappointing. Just because it hurts the odd
feeling or crosses an invisible line of presidential etiquette
does not make the observation false or wrong. It was true and
right, and quite frankly not strong enough. Perhaps the president
should have been more up on the details, then maybe he would not
have been so quick to try and make nice, and make nice he did
the day of this writing with a hollow and creepy White House "Beer
Summit" between the victim and his most ardent critic, Sgt. James
Crowley of the Cambridge Police Department.
Most
troubling is that this P.R. fracas misses the most salient points
-- the entire episode has less to do with race, freedom of speech,
or the presidency than it does with the priority of the Fourth
Amendment.
Let's
begin with the incident at large, and then move onto the subsequent
silliness. Firstly, there is a fair argument to be made that Henry
Louis Gates Jr., author, scholar, literary critic and Harvard
professor for nearly two decades was harassed within the walls
of his own home because he was a black man. Cambridge is a lily-white
upper crust town, and that upon returning home from a trip to
China his driver, also an African American man, attempted to help
him gain forced entrance through a "jammed" front door. Moreover,
the woman who called the cops, Lucia Whalen, was cacuasian.
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Most
troubling is that this P.R. fracas misses the most salient
points -- the entire episode has less to do with race, freedom
of speech, or the presidency than it does with the priority
of the Fourth Amendment.
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If
you're African Amercian this might seem more than a tad coincidental.
However, I too might be inclined to call the cops if two guys
I did not recognize were trying to gimmy their way into a home.
That's not true. I'd probably mutter, "That's a shame" and walk
away. But I get it. Then again I'm not black, so how could I begin
to understand what someone who is might say to such an overt act
of suspicion and the subsequent goofy actions by the local police.
This
gets us to the climax of this notrious tale of bungle: When responding
to a report of a possible break-in, the Cambridge police cuff
and arrest Gates, charging him with disorderly conduct after what
the officer described as "a confrontation", but was later revealed
as pretty much an overly dramatic wigout by Gates. Here's where
things get weird whether you relate or not.
Once
the officers arrive, Gates clearly shows his identification and
suffucient proof that the house was indeed his residence. Now
it no longer matters why anyone called the cops, what color Gates
is, what he does for a living, or what the hell the president
of the United States or anyone else thinks of the proceedings.
It is a blatantly indefensible 4th Amendment violation, and no
matter what harrangue followed, barring physcial abuse to the
officers, civil servants of the state grossly overstepped their
duty and broke the law.
Oh,
and by the way, prosecutors later dropped the charges, all but
admitting the police at the very least acted inappropriately.
How
the president could cave when the facts of this case were later
made clear beyond mere public relations is beyond fathoming.
Could
it have been the insipid ranting of Right Wing idiots blabbering
on about Obama hating white people or dinasuars like George Will
mucking up network news shows with the most out-of-touch Jim Crow
gobblygook imaginable? Probably. Now that an outspoken Hispanic
woman is in the dock for the Supreme Court and middle America
needs to be greased for the Healthcare dirge, it's time to placate;
but since this space is not written by a politician or anyone
running for the Congeniality ticket, it won't fly here.
One
thing Will, who knows less about race relations in this country
than he does about baseball (at least he didn't write a laughably
moronic book about race relations), said about Gates was right;
he's a victim. But Will seems to think the president made him
one, instead of the police, who actually ripped the guy from his
home and arrested him for merely being an asshole. And shit, I
can have half the people I know dragged to the tank for that.
Will,
like all the crazies who attacked Obama for his commentary, profess
to be card-carrying conservatives, who cannot stop whining about
how the country is besieged by sudden tyranny, and scream bloody
murder anytime someone mentions gun control -- we need to protect
ourselves from an authoritarian state, you know -- appear comfortable
with thin-skinned coppers playing Gestapo in someone's living
room.
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