Tag Archives: black

LAPD Adopts New Policy: De-Escalate First, Shoot Later

Mother Jones

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This is from the LA Times yesterday:

The Los Angeles Police Commission voted Tuesday to require officers to try, whenever possible, to defuse tense encounters before firing their guns — a policy shift that marks a significant milestone in the board’s attempts to curb shootings by police.

Wait. This is new? This hasn’t always been LAPD policy? Apparently not, and apparently not much of anywhere else, either:

As criticism of policing flared across the country, particularly after deadly shootings by officers, law enforcement agencies looked to de-escalation as a way to help restore public trust. Like the LAPD, other departments have emphasized the approach in training and policies.

The Seattle Police Department requires officers to attempt de-escalation strategies, such as trying to calm someone down verbally or calling a mental health unit to the scene. Santa Monica police have similar rules in place, telling officers to try to “slow down, reduce the intensity or stabilize the situation” to minimize the need to use force.

….The focus on de-escalation represents a broader shift in law enforcement, said Samuel Walker, a retired criminal justice professor and expert in police accountability. Now, he said, there’s an understanding that officers can shape how an encounter plays out. “This is absolutely the right thing to do,” he added.

This is especially important in Los Angeles:

African Americans continue to represent a disproportionate number of the people shot at by officers. Nearly a third of the people shot at last year were black — a 7% increase from 2015. Black people make up about 9% of the city’s population but 40% of homicide victims and 43% of violent crime suspects, the report noted.

The LAPD also topped a list of big-city agencies with the highest number of deadly shootings by officers. Police in Los Angeles fatally shot more people than officers in Chicago, New York, Houston and Philadelphia did, the report said. The L.A. County Sheriff’s Department came in second, with 15 deadly shootings.

Go ahead and call me naive, but I would have figured that de-escalation was standard protocol everywhere. Not always followed in practice, of course, but at least theoretically what cops are supposed to do. But apparently not. It sounds like it started to catch on after Ferguson, and is only now being adopted as official policy in a few places.

Better late than never, I suppose, but I wonder what’s stopping this from being universally adopted? What’s the downside?

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LAPD Adopts New Policy: De-Escalate First, Shoot Later

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We Still Don’t Know How Much Trump’s Victory Was About Race

Mother Jones

How much was race a factor in the 2016 election? It’s pretty obvious that Donald Trump explicitly appealed to racial sentiment more than any Republican presidential candidate in recent memory, but did it work? Did he pick up more votes from resentful, disaffected whites than any other GOP nominee would have?

At first blush, the answer seems to be no. Compared to Mitt Romney, Trump got a smaller share of the white vote and a bigger share of the black and Hispanic vote. That doesn’t support the idea that 2016 represented some kind of huge white backlash.

But there are other ways of looking at this. Here’s one from Phil Klinkner, a political science professor at Hamilton University. It’s taken from the latest release of the American National Election Survey:

This chart is pretty simple: it shows how much correlation there is between a person’s level of racial resentment and who they supported for president. In 2000, racial resentment was a weak predictor of who you voted for. In 2016 it was a strong predictor.

But this just adds to the haze. There are two reasonable ways of looking at this:

  1. Racial resentment has been a steadily better predictor of voting behavior for 16 years, with only a slight blip away from the trendline in 2012. Trump just happened to be the nominee in 2016, when it was bound to go up to its present level regardless.
  2. The trendline does inflect modestly upward in 2016. This might be because Obama bent it down a bit in 2012, or it might be because Trump bent it up in 2016.

Klinkner thinks race played a big role in the election. There’s no question this is true, but did it play a bigger than expected role? The two major parties have been splitting further apart by race for years, with Republicans becoming the party of whites and Democrats the party of non-whites. This means that to survive with an ever growing white base, Republicans have to cater to white resentment more and more. Likewise, Democrats have to cater to black and Hispanic interests more and more. This is a cycle with positive feedback, so it’s only likely to get worse.

Racial attitudes certainly played a bigger role in the election than in the past. But did Trump himself accelerate this partisan trend, or was he merely the beneficiary of it? That still seems like an open question to me.

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We Still Don’t Know How Much Trump’s Victory Was About Race

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Martin Luther King Jr.’s Daughter Slams Pepsi Protest Ad in One Tweet

Mother Jones

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Bernice King, the daughter of legendary civil rights leader Martin Luther King Jr., has added her voice to the criticism sparked by Pepsi’s controversial protest ad.

The commercial, which was released Tuesday as a two-and-a-half minute video, depicted reality TV star and model Kendall Jenner walking through a demonstration. As police stare down the protesters, Jenner approaches one of the officers to hand him a Pepsi. The gesture appears to defuse tensions, which prompts cheers from the protesters.

The ad quickly became the target of derision, with many calling it “tone-deaf.” Critics also argued Pepsi was co-opting the imagery of recent minority-led protest movements for profit. On Twitter, people pointed out that the scene of Jenner handing a Pepsi to an officer closely resembled a widely-shared photo of a Black Lives Matter protester being arrested during a 2016 protest in Baton Rouge, Louisiana.

On Wednesday, King took to Twitter to share her thoughts about the controversy, posting a photo of her father being pushed back by police officers during a protest. In a particularly cringeworthy bit of timing, the Pepsi ad’s Tuesday release came on the same day of the 49th anniversary of King’s assassination in Memphis, Tennessee:

In a statement Wednesday, Pepsi announced the ad would be pulled immediately.

“Pepsi was trying to project a global a message of unity, peace and understanding. Clearly, we missed the mark, and we apologize…We are pulling the content and halting any further rollout. We also apologize for putting Kendall Jenner in this position.”

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Martin Luther King Jr.’s Daughter Slams Pepsi Protest Ad in One Tweet

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Oil Will Start Flowing Through the Dakota Pipeline Any Moment Now

Mother Jones

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This story was originally published by High Country News and is reproduced here as part of the Climate Desk collaboration.

As of this week, Bakken oil is expected to flow through the Dakota Access Pipeline under Lake Oahe near the Standing Rock Sioux Reservation. This development comes as court proceedings continue over the high-profile battle over the pipeline that drew thousands of protestors to North Dakota last year. As law enforcement officers and Indigenous activists faced off near the construction site, the conflict played out in real time on social media, capturing international attention.

A District of Columbia court has yet to rule on the Standing Rock Sioux and Cheyenne River Sioux tribes’ claims that the Army Corps of Engineers violated environmental, historic-preservation and religious-freedom laws in its approval of the pipeline. A ruling is likely still several weeks away. The tribes have tried for temporary restraining orders to stop the flow of oil until the case is decided, but judges have rejected those as well. Dakota Access, LLC, is required to update the court weekly on whether the pipeline operations have begun; on March 20, the company said they expected oil to flow this week.

The fact that the pipeline’s backers, Energy Transfer Partners, appears to be prevailing is not surprising. Although the Obama administration had put DAPL on hold in December and called for further environmental review, then-President-elect Donald Trump vowed to push the project through once he took office. But national attention the protests brought to the flaws of the current consultation process—the federal government’s responsibilities to consult with tribes before approving major infrastructure projects that affect tribal lands—may still bear fruit on future disputes. And recent legal proceedings remind us how difficult it is for tribes to argue for religious freedom in court.

Following Trump’s late-January executive order to allow the pipeline to be finished, the Cheyenne River Sioux, located just south of the Standing Rock Reservation, filed a motion for a restraining order against the pipeline. Unlike the Standing Rock Sioux complaint based more around environmental and historic preservation violations, Cheyenne River’s argument claims the government violated the Religious Freedom Reformation Act (RFRA). “The Lakota people believe that the mere existence of a crude oil pipeline under the waters of Lake Oahe will desecrate those waters and render them unsuitable for use in their religious sacraments,” court documents say.

RFRA has an unreliable track record for tribes in court. Congress created the law in 1993 in part as a response to two cases in which courts sided with the government. In 1988 Lyng vs. Northwest Indian Cemetery Protective Association allowed the Forest Service to construct a logging road in California that would have disrupted an area sacred to several tribes. In 1990 Employment Division vs. Smith allowed two Native Americans in Oregon to be fired for failing a drug test because they had used peyote as an element of religious ceremony. But experts say RFRA’s original intention, to protect tribes from similar infringements, isn’t really bearing out in court. The most recent major failure was the case of the Snowbowl ski resort in Arizona in which reclaimed wastewater was being used to make snow on mountains sacred to several tribes. The tribes argued a violation of RFRA and ultimately lost.

RFRA has, however, worked for corporations such as Hobby Lobby. In 2014, the Supreme Court ruled family-owned corporations should not be required to cover employees’ contraception because doing so may infringe on a company’s religious beliefs. Part of the challenge for tribes, says University of Colorado law professor Charles Wilkinson, is one of translation. “Most Americans are not used to the nature of tribal religions, of having ceremonies on particular land areas as being significant to their religion,” Wilkinson says. Court documents show Cheyenne River’s attorneys explaining how the tribe views the pipeline:

“Although there can be no way of knowing when this prophesy emerged into the Lakota worldview, Lakota religious adherents now in their 50s and 60s were warned of the Black Snake by their elders as children. The Black Snake prophecy is a source of terror and existential threat in the Lakota worldview…. Lakota adherents believe that the Black Snake poses an existential threat because it will cause critical imbalance in an essential resource of the Cheyenne River Sioux Tribe: the natural, ritually pure waters of Lake Oahe.”

“You can kind of get that sense, there’s some question raised in opposing parties arguments of ‘Do they really believe this,'” says Monte Mills, a University of Montana law professor. In court in February, Judge James Boasberg reportedly questioned how a pipeline would desecrate the Missouri River if the oil itself never touched the water.

The most lasting impact of the Dakota Access battle might be greater federal attention to the process through which the U.S. government is supposed to consult tribal governments about proposed infrastructure projects that might impact those nations, says Wilkinson. “(Tribes) see consultation as almost a four-letter word,” Wilkinson says. “It’s so often just checking a box.” A 38-page memo from former Obama administration Interior Solicitor Hilary Tompkins in December described in detail the ways in which the government failed to consult tribes that may be affected by the pipeline. At one point, Tompkins notes that a draft Environmental Assessment for DAPL “failed to even identify the reservation on its maps and incorrectly said the Standing Rock Sioux Tribe had no issue with the project.” (The Trump administration suspended the memo and removed it from the Interior website in February.)

Similarly, a 73-page report released in January by the Corps of Engineers, the Department of Justice and the Department of Interior about consultation—not limited to DAPL—highlighted flaws in the process, after seeking comment from 59 tribes across the country. The report includes problems with the way the federal government “tends to look at (infrastructure) projects in a segmented way…For example, in the Dakota Access Pipeline review, four different states, three separate districts of the Army Corps of Engineers, and the Fish and Wildlife Service each looked at different parts of the project, but did not coordinate the impacts to Tribes.” That report requested further action from several federal agencies by April 2017, in establishing better consultation processes.

“Many federal statutes require consultations with states, counties and tribes,” Wilkinson says. “Maybe one way or another Standing Rock could be valuable as raising that issue.”

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Oil Will Start Flowing Through the Dakota Pipeline Any Moment Now

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British, Dutch Passed Along Intel About Meetings Between Trump Team and Russia

Mother Jones

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The New York Times reports today on new revelations about contacts between the Trump team and Russia during the last month of the Obama administration:

American allies, including the British and the Dutch, had provided information describing meetings in European cities between Russian officials — and others close to Russia’s president, Vladimir V. Putin — and associates of President-elect Trump, according to three former American officials who requested anonymity in discussing classified intelligence. Separately, American intelligence agencies had intercepted communications of Russian officials, some of them within the Kremlin, discussing contacts with Mr. Trump’s associates.

Some of this is coming to light as a result of deliberate efforts by outgoing Obama officials:

Mr. Trump has accused the Obama administration of hyping the Russia story line as a way to discredit his new administration. At the Obama White House, Mr. Trump’s statements stoked fears among some that intelligence could be covered up or destroyed — or its sources exposed — once power changed hands. What followed was a push to preserve the intelligence that underscored the deep anxiety with which the White House and American intelligence agencies had come to view the threat from Moscow.

….Some officials began asking specific questions at intelligence briefings, knowing the answers would be archived and could be easily unearthed by investigators….At intelligence agencies, there was a push to process as much raw intelligence as possible into analyses, and to keep the reports at a relatively low level of classification to ensure as wide a readership as possible across the government….There was also an effort to pass reports and other sensitive materials to Congress.

….Throughout the summer…European allies were starting to pass along information about people close to Mr. Trump meeting with Russians in the Netherlands, Britain and other countries….But it wasn’t until after the election, and after more intelligence had come in, that the administration began to grasp the scope of the suspected tampering and concluded that one goal of the campaign was to help tip the election in Mr. Trump’s favor. In early December, Mr. Obama ordered the intelligence community to conduct a full assessment of the Russian campaign.

As the story acknowledges, it’s still unclear what all these meetings were about, but “the Russians, it appeared, were arguing about how far to go in interfering in the presidential election.”

This has the feel of a scandal that will pass into urban legend without anyone ever knowing for sure what actually happened. It’s pretty obvious at this point that something happened, but with every new disclosure it seems as if the truth drifts a little farther out of reach. Unless someone has a smoking gun tape somewhere, it’s not clear if this story will ever get resolved.

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British, Dutch Passed Along Intel About Meetings Between Trump Team and Russia

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