No, not an order to clear the area. Not an order to shoot into a crowd of peaceful protesters. Not even an order to beat and arrest a reporter. But NYPD Lt. Robert Cattani of the Midtown South Precinct had one regret.

“The conditions prior to the decision to take a knee were very difficult as we were put center stage with the entire crowd chanting,” he wrote.

“I know I made the wrong decision. We didn’t know how the protesters would have reacted if we didn’t and were attempting to reduce any extra violence.”

Cattani was one of those white shirts who got down on knee to show solidarity with protesters. These were the pics that people gushed over on social media, in juxtaposition to images of militarized cops firing at crowds or pushing an old man to the ground. These were supposed to be the good cops, the more empathetic cops. Why couldn’t all cops be like Cattani? Continue reading →

I don’t salute the flag when called upon to do so. I don’t pray when called upon to do so. I have not voted since I became a judge. In short, I detest public displays of orthodoxy and that is also particularly true when acting in my capacity as judge.

And this brings to me to the children. Take Aisha Harris, an Op-Ed staff editor and writer for the New York Time, for example.[i]

And she’s . . . youthful. Continue reading →

A student asked UCLA accounting lecturer Gordon Klein for some sort of accommodation. What, exactly, is unclear, as the email seeking it hasn’t been fully disclosed, but Klein’s response has generated some extreme outrage, the university suspending him and police protecting him against threats of harm.

According to screenshots of the exchange shared with Inside Higher Ed, the group of students asked Klein for a “no-harm” final exam that could only benefit students’ grades, and for shortened exams and extended deadlines for final assignments and projects.

In light of recent “traumas, we have been placed in a position where we much choose between actively supporting our black classmates or focusing on finishing up our spring quarter,” the students wrote. “We believe that remaining neutral in times of injustice brings power to the oppressor and therefore staying silent is not an option.” Continue reading →

At various points in the past, the public perception of police ranged from heroes to a few bad apples. Television created mythical cops who were not only endearing public servants who protected us from mustachioed villains, but had magical powers to know the good guys from th bad. No TV show, even on cable, showed the street cop tossing some random black kid against a wall for his daily stop and frisk, or reply to a question in the usual cop lingo of “shut the fuck up, asshole.”

There was a lot of bad that somehow never managed to make it into the public’s eye. Well, some of the public, anyway. What they didn’t do on Park Avenue was done daily on 168th Street. And no, it wasn’t because they deserved it, but just because that’s the way it happened. Continue reading →

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.

Continue reading →

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.

Continue reading →

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 →