Landmark FCC Decision Is A Victory For Freedom Of Expression And Free Enterprise

In what PoltiFact calls ” a significant accomplishment for Obama” and a “Promise Kept,” the FCC has voted for major changes to help guarantee a free and open Internet. Net neutrality is important for freedom of expression, including helping small blogs such as this to continue, important for small business, and important to maintain the lifestyle we are becoming accustomed to, such as streaming video as an alternative to often exorbitant cable rates.

Net neutrality is a tremendous victory for freedom of expression and free enterprise. Not surprisingly, conservatives have been spreading the untrue talking points of the large telecommunications companies which fear seeing their power diminished. Whenever the goals of the powerful conflict with the best interests of the nation, we know which side conservatives will invariably side with.

There are all sorts of false claims being spread by conservatives about net neutrality, such as that it will lead to $15 billion in new taxes and will lead to either Barack Obama or the United Nations (depending upon the source) controlling the Internet. In other words, this sounds like lots of right wing conspiracy theories we have already heard.

FCC Chairman Tom Wheeler disputed conservative claims that the new regulations are intended to regulate communication on the Internet:

This is no more a plan to regulate the Internet than the First Amendment is a plan to regulate free speech. They both stand for the same concept: openness, expression and an absence of gatekeepers telling them what they can do, where they can go and what they can think.

The Fact Checker at The Washington Post called the claims of higher taxes false. Ron Wyden, who wrote the Internet Tax Freedom Act, debunked conservative claims that the FCC’s action would invalidate the law and result in higher taxes. This ban on taxes in will expire in October, but there is nothing stopping Congress from renewing it.

AP’s fact checking included the following:

THE CLAIM: “President Obama’s plan marks a monumental shift toward government control of the Internet.” — Republican FCC Commissioner Ajit Pai.

THE FACTS: It’s a shift for sure, but the FCC hasn’t proposed regulating Internet content or controlling access to websites. The question is how to regulate Internet service so providers don’t block or slow web traffic for financial gain.

FCC Chairman Tom Wheeler says the only way to do that is to subject retail Internet service to Title II of the 1934 Communications Act. That would expand FCC power significantly by allowing regulators to step in if there were allegations of harm to consumers. But it’s a reach to suggest that these new powers equate to a government takeover.

Also worth noting is that the FCC is independent from the administration. While Obama has put pressure on the FCC to enact tougher regulations, and he appointed Wheeler to head the agency, this is not the president’s call.

After debunking additional claims, the article explained why this change is now needed, and not necessarily a break from previous administrations:

THE CLAIM: The FCC plan “represents a stunning reversal of the policies of the Clinton and Bush administrations.” It will backtrack on “decades of bipartisan agreement to limit Internet regulation.” — Former FCC commissioner Robert McDowell in an opinion article in The Wall Street Journal.

THE FACTS: The question of Internet “fast lanes” is far more pressing for Obama than it ever was for Clinton or Bush. In 2000, only 3 percent of American households had broadband access, compared with 70 percent by 2013, according to the Pew Research Center.

It wasn’t until President George W. Bush’s second term, in 2005, that YouTube became available and video services like Netflix became more popular. By the time the FCC voted in 2008 against Comcast for throttling Web traffic, Bush was nearing the end of his presidency.

For those who might find this all boring, here is a more entertaining explanation of net neutrality from John Oliver:

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Report Accuses Chicago Police Of Operating Domestic Equivalent Of A CIA Black Site

Spencer Ackerman of The Guardian has a report accusing the Chicago police of violating civil liberties, using a site comparable to CIA black sites used for terrorism suspects:

The Chicago police department operates an off-the-books interrogation compound, rendering Americans unable to be found by family or attorneys while locked inside what lawyers say is the domestic equivalent of a CIA black site.

The facility, a nondescript warehouse on Chicago’s west side known as Homan Square, has long been the scene of secretive work by special police units. Interviews with local attorneys and one protester who spent the better part of a day shackled in Homan Square describe operations that deny access to basic constitutional rights.

Alleged police practices at Homan Square, according to those familiar with the facility who spoke out to the Guardian after its investigation into Chicago police abuse, include:

Keeping arrestees out of official booking databases.
Beating by police, resulting in head wounds.
Shackling for prolonged periods.
Denying attorneys access to the “secure” facility.
Holding people without legal counsel for between 12 and 24 hours, including people as young as 15.

At least one man was found unresponsive in a Homan Square “interview room” and later pronounced dead…

The secretive warehouse is the latest example of Chicago police practices that echo the much-criticized detention abuses of the US war on terrorism. While those abuses impacted people overseas, Homan Square – said to house military-style vehicles, interrogation cells and even a cage – trains its focus on Americans, most often poor, black and brown.

Unlike a precinct, no one taken to Homan Square is said to be booked. Witnesses, suspects or other Chicagoans who end up inside do not appear to have a public, searchable record entered into a database indicating where they are, as happens when someone is booked at a precinct. Lawyers and relatives insist there is no way of finding their whereabouts. Those lawyers who have attempted to gain access to Homan Square are most often turned away, even as their clients remain in custody inside.

“It’s sort of an open secret among attorneys that regularly make police station visits, this place – if you can’t find a client in the system, odds are they’re there,” said Chicago lawyer Julia Bartmes.

Chicago civil-rights attorney Flint Taylor said Homan Square represented a routinization of a notorious practice in local police work that violates the fifth and sixth amendments of the constitution.

“This Homan Square revelation seems to me to be an institutionalization of the practice that dates back more than 40 years,” Taylor said, “of violating a suspect or witness’ rights to a lawyer and not to be physically or otherwise coerced into giving a statement.”

Much remains hidden about Homan Square. The Chicago police department did not respond to the Guardian’s questions about the facility. But after the Guardian published this story, the department provided a statement insisting, without specifics, that there is nothing untoward taking place at what it called the “sensitive” location, home to undercover units.

“CPD [Chicago police department] abides by all laws, rules and guidelines pertaining to any interviews of suspects or witnesses, at Homan Square or any other CPD facility. If lawyers have a client detained at Homan Square, just like any other facility, they are allowed to speak to and visit them. It also houses CPD’s Evidence Recovered Property Section, where the public is able to claim inventoried property,” the statement said, something numerous attorneys and one Homan Square arrestee have denied.

“There are always records of anyone who is arrested by CPD, and this is not any different at Homan Square,” it continued.

The Chicago police statement did not address how long into an arrest or detention those records are generated or their availability to the public. A department spokesperson did not respond to a detailed request for clarification.

Tracy Siska, executive director of the Chicago Justice Project and a criminologist was interviewed by Tanya Basu of The Atlantic

Basu: Why wasn’t the press covering it?

Siska: I think that many crime reporters in Chicago have political views that are right in line with the police. They tend to agree about the tactics needed by the police. They tend to have by one extent or the other the same racist views of the police—a lot of urban police (not all of them by any stretch, but a lot of them) embody racism.

Later in the interview:

Basu: Going back to the Guantanamo interrogation techniques associated with Homan Square, and just to be clear: These warehouses aren’t interrogating suspected terrorists, correct?

Siska: No, no, no, no, no, no, no. 99 percent of the people from this site are involved in some form of street crime: gang activities, drugs—urban violent crime. That’s what makes the site even worse. It takes Guantanamo-style tactics on urban street criminals and shreds the Bill of Rights.

Basu: To clarify: What do “Guantanamo-style” tactics entail?

Siska: Isolation, deprivation of food, other outside contact. It’s meant to be a lot of touchless torture. So they’re not touching you, which in the human-rights field is more powerful and scary because it doesn’t leave marks but leaves huge internal wounds. Most of the time, people aren’t physically abused. They’re cut off from society, not allowed phone calls, not fed as much. These are just tactics that are more sophisticated in urban-policing tactics.

Basu: What does it mean when Ackerman says records would disappear?

Siska: We changed that rule. What used to happen at Homan Square is that prior to a year ago, if you get arrested and you get brought down anywhere in any district, you would not pop up in the city computer as being arrested until they processed the police report, which could take anywhere from an hour to 15 hours. If they “arrested” you, then they have to report it. But if they don’t “arrest you,” nefarious things could happen and they could interrogate you without a lawyer. And they would move you around from district to district. So [for example] if the family shows up or the lawyer shows up and they say you aren’t here but you are, they’ve denied you access. But if they say you’re at [district] 17, then move you to 15, and then 12, they can question you without counsel. At Homan Square they don’t process paperwork about your arrest. You’re just gone. No one knows.

At some point they have to do the paperwork and prosecute you. After they get your confession, you wind up back in the paperwork.

MSNBC has posted a statement from the Chicago police denying the accusations, however most of the issues are not specifically addressed in the statement:

The allegations in this instance are not supported by facts. The vast majority of our officers serve the public with honor and integrity, and alleged actions of one individual decades ago are in no way indicative of the hard working men and women who put their lives on the line each day to protect residents.

The Chicago Police Department has zero tolerance for misconduct, and has instituted a series of internal initiatives and reforms, to ensure past incidents of police misconduct are not repeated.

Over the past three years, CPD created and implemented procedural justice training, which is mandatory for all police officers, built around understanding, fairness and respect.  CPD strengthened Internal Affairs, adding accountability measures to their work, adding more investigators, bringing Sergeants into investigations and giving the Bureau of Internal Affairs priority in selecting staff. Additionally, CPD has worked to ensure we have the right supervisors in place, and provided new training that reflects the values we hold, not just as a department but as a community. At the same time, we have made community policing the foundation of our policing philosophy and we have fostered stronger partnership with community leaders, faith leaders and residents.

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NAACP Legal Defense Fund Files Complaint Against Prosecutors For Misconduct In Darren Wilson Case

Following the ACLU taking the case of a member of the Ferguson grand jury who is suing to be able to speak publically about how prosecutor Robert McCulloch misrepresented the proceedings, the NAACP Legal Defense Fund  has written a letter to Missouri Judge Maura McShane asking her to investigate Ferguson prosecutor Bob McCulloch and two assistant prosecutors for misconduct. St. Louis Public Radio reports:

St. Louis County prosecutor Bob McCulloch and two of his assistants are facing a misconduct complaint for the way they handled the grand jury that investigated former Ferguson police officer Darren Wilson.

The complaint was filed Monday with the Missouri Office of Chief Disciplinary Counsel which handles attorney discipline in the state. It accuses McCulloch and assistants Kathi Alizadeh and Sheila Whirley of “gross failure to vigorously represent their client – the citizens of St. Louis, Missouri, in their capacity as prosecutors.” Alizadeh and Whirley were in charge of presenting the Wilson case to the grand jury.

“We would like to send the message that prosecuting attorneys can no longer abuse their power and expect it to be swept under the rug,” said Christi Griffin, a former attorney who is the founder and president of the Ethics Project, and one of seven citizens to sign the complaint.

Specifically, McCulloch, Alizadeh and Whirley are accused of violating the following rules of conduct:

  • Rule 4-3.3: Candor toward the tribunal. The complaint says, among other things, that  Alizadeh and Whirley cited an outdated, unconstitutional use-of-force statute, and failed to properly correct their mistake. The two are also accused of knowingly allowing witnesses to lie to the grand jury.
  • Rule 4-1.1: Competence. Historically, the plaintiff — or the person bringing the case — is supposed to receive the benefit of the doubt. In the Wilson case, the state is the plaintiff. The complaint alleges that Alizadeh and Whirley, presumably with McCulloch’s knowledge, did not do all they could to present the strongest case for the state.
  • Rule 4-1.6: Confidentiality of information. The complaint says McCulloch needed permission to release the transcripts of grand jury testimony and witness statements and that he dumped all the evidence in an effort to taint a second grand jury.
  • Rule 4-1.8: Conflict of interest: prohibited transactions. The complaint alleges that Alizadeh and Whirley acted more like Darren Wilson’s defense attorneys. They cite the continual references to the marijuana in Michael Brown’s system, and the fact that he was suspected of robbing a convenience store moments before the shooting.
  • Rule 4-3.8: Special responsibilities of a prosecutor. The complaint alleges that McCulloch made several public statements that went beyond what’s permitted to “inform the public of the nature and extent of the prosecutor’s actions.”
  • Rule 4-3.4: Fairness to opposing party and counsel. McCulloch made several public statements that seemed to bolster Wilson’s statements, while commenting negatively about Michael Brown.
  • Rule 4-3.5: Impartiality and decorum of the tribunal. Alizadeh is accused of making comments about protesters, the NAACP and Ferguson unrest that could prejudice the grand jurors.
  • Rule 4.4-1: Truthfulness in statements to others. This complaint also deals with the outdated use-of-force statute originally presented to the grand jury. It specifically references the day Alizadeh handed the copy of the unconstitutional statute to the grand jury, and also comments she made about messing up the exhibit numbers.
  • Rule 4-5.2: Responsibilities of a subordinate lawyer. Alizadeh and Whirley were required to abide by the rules of professional conduct regardless of what McCulloch told them to do.

Griffin said the availability of the transcripts and evidence, even though it was released in violation of the codes of conduct, brought to light problems with the entire judicial system.

“It’s made possible by the prosecutors, because as long as the police can expect not to be prosecuted for their misconduct, they will continue to over-police, they will continue to abuse citizens, they will continue to use excessive force,” she said.

There is speculation that this could result in the reopening of the case with a special prosecutor forming a new grand jury to reconsider indicting Darren Wilson for shooting Michael Brown when considerable evidence shows he was attempting to surrender.

I am not very optimistic that there will be action on this letter. St. Louis Public Radio also reports that an attorney serving as a legal consultant “said he was unaware of any Missouri prosecutors who were ever publicly disciplined, even for what he said were pretty egregious violations.” On the other hand, the unprecedented level of publicity surrounding this case, and the considerable evidence of misconduct on Wilson’s part, including using witnesses who he knew were lying and giving incorrect instructions to the grand jury, could make it more difficult for Missouri officials to continue to sweep this killing by a police officer under the rug.

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Benefits From Decreased Arrests By New York Police

Police have come under increased criticism lately, from increased concerns over killings of minorities, sometimes in response to petty offenses, to abuse of police powers to raise money. This creates difficult problems to solve. Virtually nobody questions the need to have police, but there is no simple solution to stopping the excessive use of police power. In some cases the solution would be the repeal of laws along with reforms of practices. There has been an unexpected improvement in some areas in New York as a consequence of the dispute between Mayor Mayor Bill de Blasio and the police following the police killing of Eric Garner and the subsequent murder of two police officers. The New York Post has reported a 66 percent drop in arrests:

Citations for traffic violations fell by 94 percent, from 10,069 to 587, during that time frame.

Summonses for low-level offenses like public drinking and urination also plunged 94 percent — from 4,831 to 300.

Even parking violations are way down, dropping by 92 percent, from 14,699 to 1,241.

Drug arrests by cops assigned to the NYPD’s Organized Crime Control Bureau — which are part of the overall number — dropped by 84 percent, from 382 to 63.

The Atlantic discussed the benefits of this reduction in police activity:

Policing quality doesn’t necessarily increase with policing quantity, as New York’s experience with stop-and-frisk demonstrated. Former Mayor Michael Bloomberg asserted that the controversial tactic of warrantless street searches “keeps New York City safe.” De Blasio ended the program soon after succeeding him, citing its discriminatory impact on black and Hispanic residents. Stop-and-frisk incidents plunged from 685,724 stops in 2011 to just 38,456 in the first three-quarters of 2014 as a result. If stop-and-frisk had caused the ongoing decline in New York’s crime rate, its near-absence would logically halt or even reverse that trend. But the city seems to be doing just fine without it: Crime rates are currently at two-decade lows, with homicide down 7 percent and robberies down 14 percent since 2013.

The slowdown also challenges the fundamental tenets of broken-windows policing, a controversial strategy championed by NYPD Commissioner Bill Bratton. According to the theory, which first came to prominence in a 1982 article in The Atlantic, “quality-of-life” crimes like vandalism and vagrancy help normalize criminal behavior in neighborhoods and precede more violent offenses. Tackling these low-level offenses therefore helps prevent future ones. The theory’s critics dispute its effectiveness and contend that broken-windows policing simply criminalizes the young, the poor, and the homeless.

Public drinking and urination may be unseemly, but they’re hardly threats to life, liberty, or public order. (The Post also noted a decline in drug arrests, but their comparison of 2013 and 2014 rates is misleading. The mayor’s office announced in November that police would stop making arrests for low-level marijuana possession and issue tickets instead. Even before the slowdown began, marijuana-related arrests had declined by 61 percent.) If the NYPD can safely cut arrests by two-thirds, why haven’t they done it before?

The human implications of this question are immense. Fewer arrests for minor crimes logically means fewer people behind bars for minor crimes. Poorer would-be defendants benefit the most; three-quarters of those sitting in New York jails are only there because they can’t afford bail. Fewer New Yorkers will also be sent to Rikers Island, where endemic brutality against inmates has led to resignations, arrests, and an imminent federal civil-rights intervention over the past six months. A brush with the American criminal-justice system can be toxic for someone’s socioeconomic and physical health.

Addicting Info looked at this from a more civil liberties persecutive:

Our prison population is now larger than those of the Soviet Union’s infamous Gulags, and the largest prison system in history.

The statistics speak for themselves, revealing that the New York Police Department has been needlessly arresting people who were not criminals at all. Rather than bolstering their case, the NYPD has instead given Mayor Bill de Blasio proof that the department is indeed out of control, and not accountable to the people they are there to protect. Instead of the anticipated surge in criminal activity, the results of the work stoppage have shown that the police have been arresting needlessly, the result of strict EPA regulations causing a decades-long drop of crime across the city as well as elsewhere nationwide.

The transition of the justice system from law enforcement to profit center was a slow one, but now it is near absolute. There have been whole towns which had police citations as their primary revenue source. Private prisons generate record revenue and have turned into a new form of slavery. This is made worse when you realize that most prisoners have never even been before a jury for trial.

The NYPD is the largest police force in the United States. As a result, it is a good study for understanding what is wrong with American justice. By their work stoppage, the NYPD hoped to show how indispensable they are. Instead, ironically, it demonstrated that the department itself has been the problem the whole time. If we want to see crime drop in the largest city in the big apple, it is time for real reforms.

Think Progress concentrated on how this change benefits the poor, who suffered disproportionately from excessive police action, along with affecting New Yorkers of all income levels:

Although it’s not the intended goal of the work stoppage, the decline in arrests could save New Yorkers money. The city residents who are normally hit with tickets for minor violations tend to be low income individuals who are forced to pay up a hefty portion of their paychecks.

The city began following the broken-windows style of policing in the early 1980s, a strategy championed by NYPD Commissioner Bill Bratton which focuses on eliminating low-level crime to prevent more violent offenses in the city’s neighborhoods. But a report earlier this year by the John Jay College of Criminal Justice in Manhattan found that the NYPD’s practice of arresting more people for minor offenses since 1980 has disproportionately affected young black and Latino men.

While de Blasio and Bratton have followed through on their promise to reform the city’s stop and frisk practices and the mayor announced in November that police would stop making arrests for low-level marijuana possessions, there are still racial biases in police practices throughout the city that result in a tougher financial burden on those already struggling to make ends meet.

And New Yorkers of all income levels are also saving money on one of the most consistent ways the city can slam people with tickets— parking violations are down by 92 percent, from 14,699 to just 1,241 this year.

NYPD officers have long spoken about quotas which require them to issue a certain number of summons per month to maintain statistics showing a reduction of crime in the city’s neighborhoods. Although Bratton promised an end to arrest quotas when he took office in January, the city’s police are still operating under a quota system which is illegal under state law, according to a recent report by the Police Reform Organizing Project. The group called on Bratton and de Blasio to end the quota system in its October report, which described how police are still using the quota system, as evidenced by the number of misdemeanor arrests and the poor quality of those arrests under Bratton.

Matt Taibbi of Rolling Stone noted how under other circumstances this could be a change in policy which both progressives and libertarians might have backed, but unfortunately such principles are not the reason for this work stoppage:

I don’t know any police officer anywhere who would refuse to arrest a truly dangerous criminal as part of a PBA-led political gambit. So the essence of this protest seems now to be about trying to hit de Blasio where it hurts, i.e. in the budget, without actually endangering the public.

So this police protest, unwittingly, is leading to the exposure of the very policies that anger so many different constituencies about modern law-enforcement tactics.

First, it shines a light on the use of police officers to make up for tax shortfalls using ticket and citation revenue. Then there’s the related (and significantly more important) issue of forcing police to make thousands of arrests and issue hundreds of thousands of summonses when they don’t “have to.”

It’s incredibly ironic that the police have chosen to abandon quality-of-life actions like public urination tickets and open-container violations, because it’s precisely these types of interactions that are at the heart of the Broken Windows polices that so infuriate residents of so-called “hot spot” neighborhoods.

In an alternate universe where this pseudo-strike wasn’t the latest sortie in a standard-issue right-versus left political showdown, one could imagine this protest as a progressive or even a libertarian strike, in which police refused to work as backdoor tax-collectors and/or implement Minority Report-style pre-emptive policing policies, which is what a lot of these Broken Windows-type arrests amount to.

But that’s not what’s going on here. As far as I can tell, there’s nothing enlightened about this slowdown, although I’m sure there are thousands of cops who are more than happy to get a break from Broken Windows policing…

I’ve met more than a few police in the last few years who’ve complained vigorously about things like the “empty the pad” policies in some precincts, where officers were/are told by superiors to fill predetermined summons quotas every month.

It would be amazing if this NYPD protest somehow brought parties on all sides to a place where we could all agree that policing should just go back to a policy of officers arresting people “when they have to.”

Because it’s wrong to put law enforcement in the position of having to make up for budget shortfalls with parking tickets, and it’s even more wrong to ask its officers to soak already cash-strapped residents of hot spot neighborhoods with mountains of summonses as part of a some stats-based crime-reduction strategy.

Both policies make people pissed off at police for the most basic and understandable of reasons: if you’re running into one, there’s a pretty good chance you’re going to end up opening your wallet.

Your average summons for a QOL offense costs more than an ordinary working person makes in a day driving a bus, waiting tables, or sweeping floors. So every time you nail somebody, you’re literally ruining their whole day.

If I were a police officer, I’d hate to be taking money from people all day long, too. Christ, that’s worse than being a dentist. So under normal circumstances, this slowdown wouldn’t just make sense, it would be heroic.

Unfortunately, this protest is not about police refusing to shake people down for money on principle.

For one thing, it’s simply another public union using its essential services leverage to hold the executive (and by extension, the taxpayer) hostage in a negotiation. In this case the public union doesn’t want higher pay or better benefits (in which case it wouldn’t have the support from the political right it has now – just the opposite), it merely wants “support” from the Mayor.

On another level, however, this is just the latest salvo in an ongoing and increasingly vicious culture-war mess that is showing no signs of abating.

Even if we are inadvertently seeing some good outcomes for the wrong reasons, perhaps city governments will learn something here.

Update: Steve M. has a different view from Matt Taibbi.

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Ferguson Prosecutor Admits To Allowing Testimony From People Who Were Clearly Lying

We have already seen many signs that the grand jury investigation in Ferguson was handled improperly, with the prosecutor essentially acting as the defense for Darren Wilson. There were also irregularities in how the evidence was handled. Wilson was allowed to present his case without undergoing cross examination, despite his testimony being contradicted by physical evidence and some of the witnesses. Now prosecutor Robert McCulloch has admitted in an interview (video above) that he allowed people to testify who were clearly lying. The St. Louis Post Dispatch reports:

Certain witnesses who spoke before the grand jury investigating the Aug. 9 shooting of Michael Brown told obvious lies under oath, St. Louis Prosecuting Attorney Robert McCulloch said Friday.

“Clearly some were not telling the truth,” he said during an interview on KTRS 550. He added that he’s not planning to pursue charges against any lying witnesses.

In his first extensive interview since the grand jury decided not to indict Ferguson Police Officer Darren Wilson, McCulloch said he had no regrets about letting grand jury members hear from non-credible witnesses.

“Early on I decided that anyone who claimed to have witnessed anything would be presented to the grand jury,” McCulloch said. He added that he would’ve been criticized no matter his decision.

During the interview, McCulloch referenced a woman who claimed to have seen the shooting.

This “lady clearly wasn’t present,” McCulloch said. “She recounted a story right out of the newspaper,” backing up Wilson’s version of events.

The criticism of that witness fits the questions surrounding Sandra McElroy, also known as Witness 40.

McElroy, who’s admitted to using racial slurs and trying to raise money for Wilson, testified that she saw the entire shooting unfold, and that Brown charged the officer shortly before he was killed — a detail that has proven controversial because of conflicting reports.

Investigators picked apart McElroy’s story, saying she could not have left the apartment complex in the way she described.

She also gave conflicting accounts of why she was at the scene of the shooting that day and admitted that she has short-term memory problems from a head-on collision that left her with a traumatic brain injury.

Previously it was not believed that McCulloch would face any legal consequences for his actions to keep Wilson from being tried. Maybe this will change in light of his admission that he used testimony from people who were lying. Buzzfeed pointed out that McCulloch’s use of a witness who “clearly wasn’t present” might also be a violation of both professional ethics and the law:

McCulloch’s acknowledgment that he knew some of the witness accounts were untrue raises ethical questions about his office’s presentation to the grand jury.

According to Missouri Rules of Professional Conduct, RULE 4-3.3, “A lawyer shall not knowingly offer evidence that the lawyer knows to be false.”

The law also says that a lawyer “may refuse to offer evidence, other than the testimony of a defendant in a criminal matter, that the lawyer reasonably believes is false.”

“A lawyer should not present testimony that he believes to be false,” Steven Lubet, a law professor at Northwestern University, told BuzzFeed News. “That is especially true in a proceeding that lacks all of the usual safeguards, such as opposing counsel and a judge.”

I’m sure there will be more legal opinions to come regarding McCulloch’s actions.

Following the release of the grand jury decision in Ferguson there have been multiple media reports of other acts of excessive violence by police officers, such as the killing of Eric Garner. You would think that police officers would be more cautious following these negative media reports, but there was yet another incident. The New York Daily News reports:

Internal Affairs is investigating the circumstances of an arrest, captured on video, that shows a plainclothes cop repeatedly punching a teen suspect in the body as three uniformed cops were trying to subdue and handcuff him, police said.

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Police Shoot Man In Hollywood

Since the decision not to indict in Ferguson was released it seems like hardly a day goes by in which police shootings are not in the news. I noted this trend yesterday, and today there is a new story–a shooting of a man by police in Hollywood who had a knife in his pocket.

As Think Progress notes, we do not yet know the full details of this situation, but it does appear to be part of a disturbing trend of police escalation of incidents both in Los Angeles and in other cities around the country.

While details of Friday’s shooting are still emerging, officers seemed to have engaged in the same rapid escalation that has been criticized in other recent shootings. In St. Louis this past August, officers shot a man holding a knife less than 20 seconds after arriving at the convenience store where he had allegedly stolen two cans of soda. While police in Los Angeles, St. Louis, and New York City have long been criticized over their deployment of lethal force, Burlington, VT officers had not fired their guns on duty in 16 years when they killed a mentally ill man last November because he was brandishing a shovel.

These clashes occupy a different category of police violence from the killings of unarmed black men that have sparked mass street protest around the country in recent months, such as the barehanded killing of Eric Garner by New York police who applied a prohibited chokehold while the 43-year-old said “I can’t breathe” repeatedly. Protests have also been inflamed by twelve-year-old Tamir Rice, who Cleveland police shot and killed for playing with a toy gun. The officers killed Rice so soon after getting to the scene that the driver of the car wasn’t even out of his cruiser yet. Officer Timothy Loehmann’s record of handling his weapon was so poor that a previous department had forced him to step down.

Los Angeles police are also under scrutiny as the public awaits the release of autopsy results in the LAPD killing of Ezell Ford, an unarmed man who eyewitnesses say was laying on the ground when officers shot him this past summer. Ford was killed two days after officers in Ferguson, MO shot unarmed teenager Michael Brown.

In each case, trained officers escalated the situation, and killed someone who might have been subdued another way. Police killings are notoriously difficult to track and analyze systematically because hundreds of them never get reported to official crime and violence databases maintained by the federal government.

After all the attention paid to such incidents recently, one might think that the police would be trying to avoid the use of lethal force whenever possible. Instead it looks like the police might have picked up upon another lesson we have learned–it is very unlikely for police involved in shootings to be indicted or otherwise disciplined.

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More Killings By Police Under Investigation

This unfortunate trend continues. Following the grand jury decisions against indictments of police officers who killed Michael Brown in Feguson and Eric Garner in New York, a white police officer has shot an unarmed black man in Arizona. The only thing he was found to be carrying was a bottle of Oxycontin.

A grand jury is now being impaneled in Brooklyn to investigate the killing of Akai Gurley, yet another unarmed black man who was killed by police.

A Justice Department investigation found that the Cleveland police were too quick to use deadly force.

The growing distrust between Cleveland police and the communities they serve can be attributed in part to how quickly officers draw their weapons without trying to use words to calm tense situations, according to the U.S. Department of Justice investigation of the Cleveland Division of Police.

In addition to finding that police often fire their weapons recklessly, the report called out police for using deadly force or less lethal force as their first approach rather than a last resort, even in cases where a suspect is mentally disabled.

“We…discovered that officers do not effectively de-escalate situations, either because they do not know how, or because they do not have an adequate understanding of the importance of de-escalating encounters before resorting to force whenever possible,” the report says.

These practices have become routine in a police culture that encourages using force as punishment – a pattern that’s not only illegal but also puts a strain on police-citizen relations, according to the Justice Department.

The law allows police to use deadly force when their lives or the lives of others around them are in danger, but the Justice officials slammed Cleveland police for shooting at or using other means of physical coercion against people who were not a threat.

Why would we expect Cleveland to be any different from what is sure looking like a disturbing national trend?

David Boez of the Cato Institute hopes that incidents such as the killing of Eric Garner lead to an “American Spring,” including protests against not only police killings but other laws opposed by libertarians: “Let’s hope this coming spring brings a wave of police reform in the United States, and also a reconsideration of the high taxes, prohibitions, and nanny-state regulations that are making so many Americans technically criminals and exacerbating police-citizen tensions.”

While liberals might not share libertarian objection to many of these regulations on the same philosophical grounds as libertarians, the fact remains that there are adverse consequences, such as the killing of Eric Garner, when police devote resources to the enforcement of petty offenses. The New York Times also saw this connection:

The Garner killing must lead to major changes in policy, particularly in the use of “broken windows” policing — a strategy in which Officer Pantaleo specialized, according to a report in September by WNYC, which found that he had made hundreds of arrests since joining the force in 2007, leading to at least 259 criminal cases, all but a fraction of those involving petty offenses. The department must find a better way to keep communities safe than aggressively hounding the sellers of loose cigarettes.

And while defenders of the police like to point to thousands of nonfatal misdemeanor arrests as evidence that officers are acting in a way that is reasonable and safe, there can never be a justification for any lethal assault on an unarmed man, no justification for brutality.

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Killings By Police Officers Are Far Too Common In The United States

The injustice at Ferguson remains fresh in our minds as yet another case of a police officer who killed a black is not going to trial. The grand jury has decided against an indictment in the killing of Eric Garner in an illegal chokehold. The New York Times reports:

A Staten Island grand jury voted on Wednesday not to bring criminal charges in the death of Eric Garner, a black man who died after being placed in a chokehold by a white police officer, a decision that triggered outrage by many public officials, spurred protesters to take to the streets and led President Obama to once again vow to help heal the rift that exists between the police and those they serve.

Mayor Bill de Blasio, speaking at a news conference in Staten Island, said that he had been assured by Attorney General Eric Holder that a federal investigation would continue to probe the death and determine whether Mr. Garner’s civil rights were violated.

The grand jury decision was reached after months of testimony, including that provided by the officer who used the chokehold, Daniel Pantaleo. The grand jury reached its decision less than two weeks after a grand jury in Ferguson, Mo., declined to bring charges against a white officer who fatally shot an unarmed black teenager, Michael Brown.

An autopsy by the city’s medical examiner found that Mr. Garner’s death was a homicide resulting from the chokehold and the compression of his chest by police officers.

Video of the event is above in which Eric Garner can be heard saying more than once that he could not breathe.

There has been more interest in the number of killings by police. The Wall Street Journal looked at the statistics and found that they were being under-counted:

When 24-year-old Albert Jermaine Payton wielded a knife in front of the police in this city’s southeast corner, officers opened fire and killed him.

Yet according to national statistics intended to track police killings, Mr. Payton’s death in August 2012 never happened. It is one of hundreds of homicides by law-enforcement agencies between 2007 and 2012 that aren’t included in records kept by the Federal Bureau of Investigation.

A Wall Street Journal analysis of the latest data from 105 of the country’s largest police agencies found more than 550 police killings during those years were missing from the national tally or, in a few dozen cases, not attributed to the agency involved. The result: It is nearly impossible to determine how many people are killed by the police each year…

To analyze the accuracy of the FBI data, the Journal requested internal records on killings by officers from the nation’s 110 largest police departments. One-hundred-five of them provided figures.

Those internal figures show at least 1,800 police killings in those 105 departments between 2007 and 2012, about 45% more than the FBI’s tally for justifiable homicides in those departments’ jurisdictions, which was 1,242, according to the Journal’s analysis. Nearly all police killings are deemed by the departments or other authorities to be justifiable.

The full national scope of the underreporting can’t be quantified. In the period analyzed by the Journal, 753 police entities reported about 2,400 killings by police. The large majority of the nation’s roughly 18,000 law-enforcement agencies didn’t report any.

Paul Waldman, discussing Ferguson, recently compared killings by police in the United States to other countries:

American police kill many, many more citizens than officers in similar countries around the world. The number of people killed by police in many countries in a year is in the single digits. For instance, in Britain (where most officers don’t even carry guns), police fatally shot zero people in 2013 and one person in 2012. Germany has one-quarter the population of the United States, and police there killed only six people in all of 2011. Although official figures put the number killed by American police each year around 400, the true number may be closer to 1,000.

The most common explanation is that since we have so many guns in America, police are under greater threat than other police. Which is true, but American police also kill unarmed people all the time — people who have a knife or a stick, or who are just acting erratically. There are mentally disturbed people in other countries, too, so why is it that police in Germany or France or Britain or Japan manage to deal with these threats without killing the suspect?

This is where we get to the particular American police ideology, which says that any threat to an officer’s safety, even an unlikely one, can and often should be met with deadly force. We see it again and again: Someone is brandishing a knife; the cops arrive; he takes a step toward them, and they fire. Since Brown’s death, at least 14 teenagers have been shot and killed by police; the weapons they were wielding included knives, cars and a power drill, all of which can be obtained by European citizens, at least as far as I know.

In the case of Michael Brown the killing was justified by claims that Brown had grabbed Darren Wilson’s gun (with much of the physical evidence and eye witness testimony putting this claim in question). We can see what happened in the killing of Eric Garner in the video above and there is no sign whatsoever that the police had reason to feel threatened.

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St. Louis Police Oppose Non Violent Protest By Football Players

The controversy over the decision not to indict Darren Wilson extended to football this weekend when five of the St. Louis Rams plays entered the stadium with their hands raised. This was in reference to the eye witnesses who testified before the grand jury that Michael Brown had his hands raised, attempting to surrender, when he was shot to death. These players were engaging in their right to freedom of expression in a peaceful manner.

While I can understand that the police would not be happy to see this, I am disturbed by their reaction. ESPN reports:

The St. Louis Police Officers Association called for the players involved to be disciplined and for the Rams and the NFL to deliver a “very public apology,” its statement read in part.

“I know that there are those that will say that these players are simply exercising their First Amendment rights,” SLPOA business manager Jeff Roorda said in the statement. “Well, I’ve got news for people who think that way: Cops have First Amendment rights too, and we plan to exercise ours. I’d remind the NFL and their players that it is not the violent thugs burning down buildings that buy their advertiser’s products. It’s cops and the good people of St. Louis and other NFL towns that do. Somebody needs to throw a flag on this play. If it’s not the NFL and the Rams, then it’ll be cops and their supporters.”

It is understandable for anyone to be upset violent protests but this was a totally peaceful expression of their views. The SLPOA has the idea of the First Amendment totally backwards if they think that the First Amendment was designed for the police to try to shut down protests. I haven’t heard such a confused interpretation of the First Amendment since Sarah Palin expressed the belief it was to protect her from questioning by the media.

While I don’t condone those who are violent, I am also disturbed by the implicit idea of separating the good (you can almost hear white) people of St. Louis and other NFL towns from those (black) people who are protesting, not all of whom are protesting violently. Those football players certainly were engaged in non-violent protest.

The SLPOA took  advantage of unfair nature of the grand jury proceedings to falsely claim that this exonerated Wilson:

“SLPOA Business Manager Jeff Roorda said, “now that the evidence is in and Officer Wilson’s account has been verified by physical and ballistic evidence as well as eye-witness testimony, which led the grand jury to conclude that no probable cause existed that Wilson engaged in any wrongdoing, it is unthinkable that hometown athletes would so publicly perpetuate a narrative that has been disproven over-and-over again.”

The argument that there was probable cause to indict Wilson, despite the ruling of the grand jury, was never disproven. Both physical evidence and eye witnesses contradict Wilson’s statement. As I discussed here and here, the grand jury proceedings were highly irregular, with the prosecutor essentially acting as the defense, leading the grand jury to come to a decision not to indict. There were also irregularities in the collection of evidence after the shooting.

It is shocking that it has suddenly become controversial in this country to insist that a police officer who shot an unarmed person, who some eye witnesses say was trying to surrender, should have to face cross examination when giving his testimony. There is an incestuous relationship between the police and prosecutor’s office with the prosecutor seeing the police on his side, desiring to protect them. Grand juries are generally used to present the case for indictment, not to present the defense case. Why is it that conservatives who generally distrust the government are suddenly showing complete trust when an unarmed black kid is killed, despite clear abuses of the system by the prosecutor? There is certainly room for disagreement about Wilson’s guilt based upon the evidence presented, both supporting and contradicting Wilson,  but this should be dealt with under normal trial rules, with an adversarial proceeding including  cross examination of the witnesses, not a sham proceeding rigged to exonerate Wilson.

It is only understandable that people will be driven to protest considering the irregularities in this case. This includes football players, who also have the right to freedom of expression. Fortunately the NFL understood this and Brian McCarthy, the NFL’s VP of communications, responded to the SLPOA with this statement, declining to initiate disciplinary action against the players:  “We respect and understand the concerns of all individuals who have expressed views on this tragic situation.”

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More Views On The Injustice In Ferguson

Two recent posts (here and here) deal with how a different system of “justice” was applied in Ferguson in order to protect a police officer from facing trial in a situation where anyone else would be tried. This has also been a trend in other parts of the country, with it being very rare for police officers to face criminal charges in shootings. The posts were also cross posted at The Moderate Voice and the first post has quite a lengthy discussion of this issue. (The second post was cross posted there at approximately the same time as this is being posted so I do not know yet whether the discussion will be extended there.)

As information has come out about the proceedings at Ferguson, many others have also expressed similar concerns that the system was abused to protect Darren Wilson from facing a trial in the shooting of Michael Brown despite their being sufficient evidence to establish probable cause. This includes libertarian as well as liberal sites. At Hit and Run, Jacob Sullum wrote that Darren Wilson Got a Private Trial Run by Friendly Prosecutors:

As I noted yesterday, the likelihood that Darren Wilson would have been acquitted if he had faced a homicide charge in connection with the death of Michael Brown does not mean he should not have been indicted. As you go through the evidence that was presented to the grand jury, two things are clear: There is plenty of room for reasonable doubt as to whether Wilson broke the law when he shot and killed Brown, and there is considerable evidence that he did—surely enough to supply probable cause, the standard for charging someone with a crime. St. Louis County Prosecuting Attorney Robert McCulloch managed to obscure the latter point by staging what amounted to a trial behind closed doors—a trial without a judge or an adversarial process. Assuming the jurors were acting in good faith (and there is no reason to think they weren’t), the only explanation for their decision is that they lost sight of the task at hand and considered the evidence as if they were being asked to convict Wilson rather than approve charges that would have led to a real trial.

It is not hard to see how the grand jurors could have made that mistake. McCulloch said he would present all of the evidence collected so far—everything a trial jury would see and hear. The jurors convened on 23 days, hearing testimony that takes up nearly 5,000 pages of transcript, not including the various recorded interviews played for them. Instead of making the case for an indictment, as they ordinarily would do, the prosecutors running the show often seemed to be reinforcing Wilson’s defense, as when they suggested that marijuana-induced psychosis might account for the ferocious attack that Wilson says he suffered at Brown’s hands and for the heedless charge that Wilson says forced him to shoot Brown over and over again.

McCulloch clearly thought an elaborate grand jury process, coupled with public release of all the evidence presented to the jurors, would help keep the peace and mollify critics who feared that Wilson would get away with murder. But a real trial, even one ending in acquittal, would have been much more effective at achieving those goals. A public airing of the evidence, with ample opportunity for advocates on both sides to present and probe it, is what Brown’s family has been demanding all along. McCulloch took extraordinary steps to deny them that trial, thereby reinforcing the impression that the legal system is rigged against young black men and in favor of the white cops who shoot them.

Clive Cook wrote:

A jury may well have found Wilson innocent. Much of the evidence, so far as one can tell, leans in his favor. But there should unquestionably have been a trial. If you ask me, probable cause to indict him for unlawful killing resided in the single word “unarmed” — and that’s to say nothing of the conflicting testimony about whether an already wounded Michael Brown was about to attack Wilson when the fatal shots were fired.

The larger issue — and in this system I see no way to address it — is that in cases such as these, the law-enforcement complex is judging its own conduct. Police and prosecutors seem to get bigger guns and more powers every time policymakers turn their attention to the subject; the trend never seems to go the other way. With this growing and potentially tyrannical power goes the vital necessity of ensuring that officers of the law are held properly to account. And they aren’t. It’s as simple as that.

Jeffrey Toobin discussed how grand juries are used:

In Missouri, as elsewhere, grand juries are known as tools of prosecutors. In the famous words of Sol Wachtler, the former chief judge of the New York Court of Appeals, a prosecutor could persuade a grand jury to “indict a ham sandwich” if he wanted to. This is certainly true, but it is true, too, that grand juries retain at least a nominal independence. They usually do what prosecutors want, but they are not legally required to.

In sending Wilson’s case to the grand jury, McCulloch technically turned over to them the decision about whether to prosecute. By submitting all the evidence to the grand jury, he added to the perception that this process represented an independent evaluation of the evidence. But there is little doubt that he remained largely in control of the process; aggressive advocacy by prosecutors could have persuaded the grand jurors to vote for some kind of indictment. The standard for such charges—probable cause, or more probable than not—is generally a very easy hurdle. If McCulloch’s lawyers had simply pared down the evidence to that which incriminated Wilson, they would have easily obtained an indictment.

The grand jury chose not to indict Wilson for any crimes in connection with Brown’s death. In a news conference following the decision, McCulloch laid out the evidence that he believed supported the grand jury’s finding. In making the case for Wilson’s innocence, McCulloch cherry-picked the most exculpatory information from what was assembled before the grand jury. The conclusion may even have been correct; based on a preliminary review of the evidence before the grand jury, it’s not clear to me that a trial jury would have found Wilson guilty beyond a reasonable doubt.

But the goal of criminal law is to be fair—to treat similarly situated people similarly—as well as to reach just results. McCulloch gave Wilson’s case special treatment. He turned it over to the grand jury, a rarity itself, and then used the investigation as a document dump, an approach that is virtually without precedent in the law of Missouri or anywhere else. Buried underneath every scrap of evidence McCulloch could find, the grand jury threw up its hands and said that a crime could not be proved. This is the opposite of the customary ham-sandwich approach, in which the jurors are explicitly steered to the prosecutor’s preferred conclusion. Some might suggest that all cases should be treated the way McCulloch handled Wilson before the grand jury, with a full-fledged mini-trial of all the incriminating and exculpatory evidence presented at this preliminary stage. Of course, the cost of such an approach, in both time and money, would be prohibitive, and there is no guarantee that the ultimate resolutions of most cases would be any more just. In any event, reserving this kind of special treatment for white police officers charged with killing black suspects cannot be an appropriate resolution.

Further coverage from The New Yorker can be found here.

Noam Scheiber also described how St. Louis Prosecutor Bob McCulloch Abused the Grand Jury Process, calling the choice of using the grand jury process to establish Wilson’s innocence” to be deeply unfair:

Why? Because grand juries simply aren’t equipped to adjudicate guilt or innocence. As The New Yorker’s Jeffrey Toobin points out, prosecutors have enormous sway over grand juries. Typically, they cherry pick the evidence that establishes probable cause, helping them obtain indictments in almost every case. But in this case, McCulloch clearly didn’t believe an indictment was deserved. So he used his influence in the opposite directionstacking the deck in favor of a non-indictment. Specifically, he inundated the grand jury with “every scrap of evidence [he] could find,” in Toobin’s words, at which point “the grand jury threw up its hands and said that a crime could not be proved.” [UPDATE: This New York Times story goes even further, showing how McCulloch’s team essentially cherry-picked evidence establishing Wilson’s innocence. It describes how they accepted Wilson’s account at face value, even leading him toward exculpatory statements through their questioning, while going out of their way to point out flaws and contradictions in alternative accounts from other witnesses.]

In effect, McCulloch staged a pre-trial trial in order to vindicate his personal view of Wilson’s innocence. But grand juries simply aren’t the proper forum for holding a trial. The most obvious reason is that they’re not adversarial settings. The prosecutor gets to present his or her view, but there’s no one to present the opposing viewa rather key feature of the criminal justice system. This isn’t a problem when the prosecutor believes the defendant is guilty, since the result is an actual trial. But when the prosecutor stage-manages a grand jury into affirming his view of the defendant’s innocence, that’s it. That’s the only trial we get.

Politically, I understand the advantage of this for McCulloch. He gets to wrap his preference for not indicting Wilson in the legitimacy of a trial-like process, whereas simply declining to indict Wilson without the support of a grand jury would have left him badly exposed. It would have triggered an enormous political backlash, rather than the relatively minor uproar we witnessed Monday night. But as a basic matter of justice, it’s outrageous. As I noted yesterday, the only way to earn the legitimacy of a trial is to actually have a trial, in which both positions are given a fair hearing.

The New York Times placed this in perspective, describing what McCulloch did wrong in this case:

The St. Louis County grand jury’s decision not to indict the white police officer who in August shot and killed Michael Brown, an unarmed black teenager, would have generated widespread anger and disappointment in any case. But the county prosecutor, Robert McCulloch, who is widely viewed in the minority community as being in the pockets of the police, made matters infinitely worse by handling this sensitive investigation in the worst possible way.

First, he refused to step aside in favor of a special prosecutor who could have been appointed by Gov. Jay Nixon of Missouri. He further undermined public confidence by taking a highly unorthodox approach to the grand jury proceeding. Instead of conducting an investigation and then presenting the case and a recommendation of charges to the grand jury, his office shifted its job to the grand jury. It made no recommendation on whether to indict the officer, Darren Wilson, but left it to the jurors to wade through masses of evidence to determine whether there was probable cause to file charges against Officer Wilson for Mr. Brown’s killing.

Under ordinary circumstances, grand jury hearings can be concluded within days. The proceeding in this case lasted an astonishing three months. And since grand jury proceedings are held in secret, the drawn-out process fanned suspicions that Mr. McCulloch was deliberately carrying on a trial out of public view, for the express purpose of exonerating Officer Wilson.

If all this weren’t bad enough, Mr. McCulloch took a reckless approach to announcing the grand jury’s finding. After delaying the announcement all day, he finally made it late in the evening, when darkness had placed law enforcement agencies at a serious disadvantage as they tried to control the angry crowds that had been drawn into the streets by news that the verdict was coming. Mr. McCulloch’s announcement sounded more like a defense of Officer Wilson than a neutral summary of the facts that had led the grand jury to its conclusion.

For the black community of Ferguson, the killing of Michael Brown was the last straw in a long train of abuses that they have suffered daily at the hands of the local police. News accounts have strongly suggested, for example, that the police in St. Louis County’s many municipalities systematically target poor and minority citizens for street and traffic stops — partly to generate fines — which has the effect of both bankrupting and criminalizing whole communities.

In this context, the police are justifiably seen as an alien, occupying force that is synonymous with state-sponsored abuse.

The case resonated across the country — in New York City, Chicago and Oakland — because the killing of young black men by police is a common feature of African-American life and a source of dread for black parents from coast to coast. This point was underscored last month in a grim report by ProPublica, showing that young black males in recent years were at a far greater risk — 21 times greater — of being shot dead by police than young white men. These statistics reflect the fact that many police officers see black men as expendable figures on the urban landscape, not quite human beings.

We get a flavor of this in Officer Wilson’s grand jury testimony, when he describes Michael Brown, as he was being shot, as a soulless behemoth who was “almost bulking up to run through the shots, like it was making him mad that I’m shooting at him.”

Crooks and Liars described How Robert McCulloch Hoodwinked The Ferguson Grand Jury

For the entire proceeding, jurors weighed the evidence in light of a law that was deemed unconstitutional almost 30 years ago. Then they corrected the record at the very end, but by then it was too late.

To me, this invalidates the entire decision. While I believe jurors acted in good faith, the prosecutor did not, and intentionally confused jurors as to the applicable law. Correcting it at the end is not adequate or acceptable.

Unfortunately, there is no way to force Bob McCulloch to prosecute Darren Wilson. But Eric Holder has promised an aggressive investigation of Ferguson police. That’s good, but he might want to broaden that investigation to include St. Louis County prosecutors.

How can anyone believe this Grand Jury proceeding has a shred of integrity? I don’t blame the jurors; I blame the prosecutor.

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