When a cop is called to the stand, the first questions asked are about his years on the force and assignments. The next question is how many arrests he’s made. The cop will give a number and nobody knows whether it’s true. There’s no way to find out. But what isn’t asked is how many times he’s been accused of misconduct, of beatings, of lying. Or how many times he’s been disciplined or suspended. Or whether he’s been fired from the job.

Meet New York Civil Rights Law 50-a.

All personnel records used to evaluate performance toward continued employment or promotion, under the control of any police agency…shall be considered confidential and not subject to inspection or review without the express written consent of such police officer, firefighter, firefighter/paramedic, correction officer or peace officer within the department of corrections and community supervision or probation department except as may be mandated by lawful court order.

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As the slacktivists put on sneakers to march their way down Fifth Avenue, bold voices are calling out their convenient performative allyship. Michelle Alexander minces no words.

Our democracy hangs in the balance. This is not an overstatement.

Of course, it would be wrong of me, a white male lawyer, to disagree with a black female saint, but if I were permitted under the current rules of engagement to call bullshit, I might be inclined to do so. Continue reading →

Ed. Note: Before saying anything else, I want to applaud the New York Times’ merger with Teen Vogue. I was on the verge of changing my daily read to TMZ for credibility, but I’m now comfortable knowing that it has righted its ship and refocused on what really matters. Anal sex.

It’s not what I would have imagined, years ago, as I tweaked my neck watching the pendulum swing swiftly past those of us who worked in the trenches, knew how bad it was, recognized the publicly adored police and tough-on-crime blood that flowed through the veins of legislators and mayors. These were hard issues to address, which is why they were intransigent socio-legal problems rather than easy fixes. Continue reading →

Charles Blow has been on a tear lately, for obvious reasons, but he raises a valid challenge in light of the heartfelt support so many have offered by risking death by COVID-19 to protest racism.

Allies, Don’t Fail Us Again

Many white people have been moved by the current movement, but how will they respond when true equality threatens their privilege?

In her book on crim law reform, Prisoners of Politics: Breaking the Cycle of Mass Incarceration, NYU prawf Rachel Barkow raises a concept called “lumpy laws,” where laws are enacted to address the worst example of a crime, but are broad enough to sweep into its ambit far lesser examples that some, maybe most, would find unworthy of inclusion. Continue reading →

It came onto my radar by one of the more credible voices in journalism, NYU journalism prof Jay Rosen, so it appeared to be something to take seriously. And it appeared in the Washington Post, so it found space in a legit newspaper. And it was written by the WaPo media columnist, Margaret Sullivan, so it was presumptively authoritative.

But it was an irrational, unethical paean to justify why reporters should be liars “for the public good.”

The Society for Professional Journalists has a code of ethics which begins with a fairly straightforward admonition.

Ethical journalism should be accurate and fair. Journalists should be honest and in gathering, reporting and interpreting information.

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Walter Katz used to poke me for not being radical enough. He was a criminal defense lawyer, a public defender, and thought I tended to be too moderate in my views. We both argued for police and law reform, but he took a harder line than I did and he let me know it. Fair enough. Walter went on to become the independent police auditor for San Jose, and later for Chicago following the Laquan McDonald murder.

Walter was left. Now he’s not.

Take note: This is how the police “reform” crowd prevents real change. They poo-poo anything that isn’t a meaningless fig leaf pre-approved by them as “unproven” — as though the way police behave now is “proven.” https://t.co/9kPvYA8HA5

— David Menschel (@davidminpdx) June 6, 2020

The Mayor of Minneapolis, former civil rights lawyer Jacob Frey, swept into office in 2018 with the blue wave of reform, ardent voice against the cops who killed George Floyd, does the walk of shame after he refuses to commit to “defund police.” Continue reading →

Mara Liasson, who has spent 35 years as a national correspondent for National Public Radio, presented a problem.

What to do about NPR’s national political correspondent Mara Liasson?

This is a regular issue raised by some NPR listeners who object to Liasson’s second role as a contributor to Fox News. They say that she, like Fox, tilts to the right.

“Would you please consider letting Mara Liasson go?” wrote listener Michael Duba in what is typical of the several complaints that come in almost every time Liasson does a story. “Her affiliation with the Tea Party channel and willingness to just go along with whatever is said by others on the fake news shows she appears on has ruined whatever small remaining shreds of credibility she had left.”

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In trying to snidely sneak in his snarky rejoinder, Jake managed to almost raise a point without ever touching anything of substance. But because I like Jake and don’t want him to be sad or unvalidated, the least I can do is help him down the path of cogency right up to the point where the path is blocked by a fence. Chesterton’s fence.

https://twitter.com/lisabendermpls/status/1268644819628224513

This was the “second part of the Minneapolis city council plans” that, as Jake snarked, I ignored. Their plan isn’t just to shutter the precincts, fire the cops, lay down their weapons, for that would be anarchy and that would be nuts. No, they are serious people, and their plan is to “replace it with a transformative new model of public safety.” Continue reading →

I can’t recall who said it, but the resignation of 57 Buffalo police officers following the suspension without pay of two cops who pushed a 75-year-old protester, Martin Gugino, backward to the ground, was an opportunity. If they found what was done to not be cause for suspension, then it was an opportunity to replace them with 57 good cops.

It wasn’t just the push. It was the utter lack of reason for it. It was the failure to render aid upon seeing the harm caused, the head whipping against the pavement, the blood spilling from his ear. It was about the lie told afterward, that he “tripped,” revealed as such by the video. And it was one of too many videos to ignore. The two cops, unnamed, were suspended and that was too much for the other members of their unit to take. Continue reading →

First, the New York Times had the audacity to publish an insipid op-ed by a United States Senator on a matter of huge public importance at the moment. The editorial page editor defended the decision to publish diverse views. But a spokesperson, who has obviously never read an op-ed by Roxane Gay, subsequently announced that it was a big mistake.

The Times issued a statement saying the essay fell short of the newspaper’s standards.

What that means isn’t clear. They claimed it was “rushed,” which is pretty much how op-eds work, but there were no typos. A wag might question what “standards” they’re referring to, but it’s not as if this statement were issued by the newspaper of record where they used words that minimally explained what they hell they mean, so they can be forgiven their trespasses. Well, this one, anyway. Continue reading →