By Christine
Rosen
Friday, March
05, 2021
Next week, police officer Derek Chauvin’s
trial on charges of second-degree murder and second-degree manslaughter in the
death of George Floyd is set to begin in Minneapolis. City officials are
already bracing for protests and possible civil unrest. The city, which
defunded its police force in the wake of Floyd’s death last spring, has had to
rely on National Guard units and police officers from other jurisdictions to
provide security.
In advance of the trial, the House of
Representatives passed H.R. 7120, The George Floyd Justice in Policing Act. It is now headed to the
Senate, where Sen. Tim Scott, whose own police reform legislation was
filibustered by Senate Democrats (who also believe the filibuster is a relic of the Jim Crow era when used by Republicans, but is perfectly
fine when they deploy it against their Republican colleagues) has met with House sponsors of the bill and pledged to consider it
“holistically.”
Among other things, the George Floyd Act
bans the use of chokeholds and offers reforms to qualified immunity rules. It
also claims to take on racial profiling, but as Dan McLaughlin at National
Review noted, the Act’s expansive view of racial profiling would, in practice, make
it practically impossible for cops to do their jobs. McLaughlin notes that the
text of the act states that “‘disparate impact’ alone is enough to prove
profiling. Because the statute doesn’t define ‘disparate impact,’ it would
presumably be read by the courts in the usual way, to mean any disparity
in the rate of being stopped or investigated among different groups.” The
practical effect? “There will be a powerful incentive to avoid disparate impact
in stops even when there is a disparate rate of committing actual
crimes. Simple math tells us what that means: more stops of innocent people
in order to keep the stop rates even, or fewer stops of actual criminals.”
In addition, as Peter Kirsanow notes, the bill also introduces some identity politics pork in the form of
“taxpayer-funded giveaways to ethnic-advocacy organizations and the imposition
of racial preferences in hiring police officers.”
Democrats have been careful to insist that
nothing in the Act should be construed as defunding the police. That’s because
defunding the police has proven unpopular with many voters in the Democratic
coalition and likely cost the party seats in the House in the 2020 election. As
progressive pollster David Shor told New York Magazine recently, “We looked specifically at
those voters who switched from supporting Hillary Clinton in 2016 to Donald
Trump in 2020 to see whether anything distinguishes this subgroup in terms of
their policy opinions. What we found is that Clinton voters with conservative
views on crime, policing, and public safety were far more likely to switch to
Trump than voters with less conservative views on those issues.”
On crime, and policing in particular, the
white liberal Democrats in the party’s coalition have proven to be far more
left-wing in their views than the party’s minority members. “If you look at the
concrete questions, white liberals are to the left of Hispanic Democrats, but
also of Black Democrats, on defunding the police and those ideological
questions about the source of racial inequity,” Shor notes.
Which is why progressives are so unhappy
with the George Floyd Act. They have been promoting the much more radical Breathe Act, endorsed by the Squad and Black Lives Matter. In addition to defunding
the police, the Act calls for defunding the Department of Defense, the
abolition of Immigration and Customs Enforcement and the Drug Enforcement
Agency, the closure of all federal prisons, “non-punitive, community-led
approaches” to justice, and even “reparations for mass
criminalization—including the War on Drugs, the criminalization of
prostitution, and police violence.”
“The George Floyd Act Wouldn’t Have Saved
George Floyd’s Life,” activist Derecka Purnell complains in The Guardian. Purnell argues that the true crime
wasn’t Floyd’s use of counterfeit money or his reportedly dangerous physical
state, noted by the store clerk who told the 911 dispatcher that he thought
Floyd might be intoxicated (medical examiners found high levels of fentanyl as well as methamphetamine in Floyd’s
system at the time of his death).
The real crime, according to Purnell, is
that Floyd needed cash, and “society” didn’t provide it for him: “What’s more
criminal than counterfeit cash is the society where people live off of these
transactions in corner stores in the first place,” Purnell argues. “[Police]
can’t stop the underlying conditions that give rise to it: class exploitation
and poverty. Floyd appeared to need cash, not the police.” In fact, she argues
that it is not only Derek Chauvin but Congress’ fault Floyd died because he
didn’t receive a large enough COVID relief check: “I wonder if Floyd would have
used a counterfeit $20 if Congress would have issued $2,000 a month to the
public as several activists and progressive legislators have been demanding.
George Floyd’s blood is on their hands.”
Activists like Purnell are especially
incensed that the Floyd Act provides resources to fund police accountability and
transparency regarding officer-involved shootings. “Protesters have been
demanding to defund the police to keep us safe; not spend millions of dollars
to investigate how we die,” Purnell writes. “We know how we die–the police.”
(In fact, the leading causes of
death among black men in America are the same as
they are for white men: cardiovascular disease and cancer; with regard to
homicide, black men are far more likely to die at the hands of other black men than they are at the hands of police officers
of any race).
Progressive complaints haven’t stopped
Democrats on the Hill from pursuing their own unique strategy for getting the
Senate to take up and approve the Floyd Act. If you’re wondering what the
Democratic Party’s legislative strategy is when it comes to criminal justice,
look no further than the blatant threat issued by a Democratic staffer in this Washington Post story:
Incidents
of police brutality “create instability within communities, and the longer the
federal government waits to act or delays in acting, the more instability we
potentially have within communities,” said a senior House Democratic aide, who
was not authorized to publicly discuss the issue. “The weather’s getting warm,
the George Floyd trials are coming up, and it’s important
the federal government sends a message that it intends to act in this area and
not delay.”
Make no mistake: “The weather’s getting
warm, the George Floyd trials are coming up” is a cynical, despicable effort to
stoke fear in pursuit of a political agenda—fear of the kind of violent
protests, rioting, and looting that occurred last summer. Activists have also
embraced the threat of violence. As the Wall Street Journal reported, Minneapolis has had to take such threats seriously in its preparations
for the upcoming Chauvin trial: “Activist groups like Black Lives Matter have
said they plan to protest peacefully during the trial but can’t rule out the
possibility of civil unrest breaking out in the event of an acquittal.”
Whatever the fate of the George Floyd Act
in the Senate, it has already become another pawn in the ideological war
progressives are waging over criminal justice issues in the U.S. With activists
and Democratic staffers breezily issuing threats of violence if they don’t get
their way, the Chauvin trial, unfortunately, seems poised to bring a repeat of
the destructive civil unrest of last summer.
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