Saturday, August 23, 2014

Obama and Holder Justice Department faces a high bar charging Ferguson Police Officer Wilson in death of Michael Brown if a local grand jury sees a “righteous kill” — But what will happen if Obama and Holder don’t see it that way ? — Locally, we can ask Congressman Michael Grimm

If the St. Louis County grand jury does not indict Officer Wilson, where is the proper federal jurisdiction in this case  —  even given the premature investigations and commentary in this case by high federal “authorities,” like Holder and Obama ?

In spite of the cynical and patently biased remarks by President Obama and Attorney General Eric Holder in connection with the shooting of a physically threatening suspect, who allegedly attacked a police officer in Ferguson, Mo. —  the racially insensitive chief executive of this country and his even more inflammatory chief law enforcement officer might have their hands tied by the law  —  if not, it’s up to The Tea Party and other Republicans in Congress to tie them up quickly

If Obama and Holder are foolish enough to say, “Jurisdiction? We don’t need no stinkin’ jurisdiction !”  —   Congress needs to push back, quickly investigate the matter and defund Holder, IMMEDIATELY —  Just like Governors Perry and Walker have done at a state level to the [mad] dog Democrats in their home states

IMPEACHMENT of both Holder and Obama must be on the table  —  And damn the consultants, damn Boehner and damn Grimm if they don’t do it !


According to the Chicago Tribune, “...U.S. government prosecutors investigating the fatal police shooting of a black teenager that sparked a Missouri city's nights of rage face an uphill fight delivering the swift or sweeping results demanded by rights activists.... ***  What makes it difficult for the U.S. Justice Department to prosecute local police for criminal civil rights violations, even when a death results, is the high bar of proving an officer's intent to violate civil rights.... *** ‘The government has to show that the police officer acted with specific intent to use more force than was reasonably necessary under the circumstances. You can't prosecute a police officer for making a mistake or even for a lack of judgment,’ said William Yeomans, a former acting head of the Civil Rights Division.” (See  “U.S. government faces high bar charging cop in Ferguson death” by  Julia Edwards & David Ingram, 8/21/14, Chicago Tribune/ Reuters [http://www.chicagotribune.com/news/sns-rt-us-usa-missouri-shooting-civilrights-20140821-story.html]).  However, the Chi-Tribune writers, Julian Edwards and David Ingram also noted this:  “Protesters have called for the arrest of Officer Darren Wilson since the killing of Michael Brown, 18, in Ferguson on Aug. 9. Defenders of the white officer say he acted lawfully to defend himself during a confrontation with Brown. ***  U.S. Attorney General Eric Holder answered calls for an independent investigation this week, putting some 40 FBI agents along with prosecutors in his Justice Department's Civil Rights Division on the case despite the legal challenges....”  The piece by Messrs. Edwards and Ingram also gives a lengthy catalogue of federal civil rights cases brought against police officers to demonstrate how difficult it is to get such charges off the ground and to stand up throughout the whole process.

WHAT IF HOLDER AND OBAMA ACT ANYWAY ?

Given their prior mutually supporting history of lawlessness and a complete lack of respect for any limitations on their powers in other matters, right thinking Americans would be very wise to be openly vigilant of both Obama and Holder concerning their handling of all matters coming out of Ferguson, Missouri.

Good active Republicans need to tell their congressional representatives that a proper exercise of their duties to defend the U.S. Constitution means several things: quick congressional oversight of any apparent improper acts by the executive; immediate wielding of their power over the purse; and, if apparent “high crimes and misdemeanors” have occurred, empaneling a Select House Impeachment Committee. That’s how to yank the leash on a pair of ruthless cynics like Obama and Holder.

Certain elected Republicans, like the Brooklyn-Staten Island Republican-Conservative Representative Michael Grimm and the Republican Speaker of the House, John Boehner, seem have no stomach for that. They are listening to their paid consultants, who haven’t been elected by anybody; and are who actually paid by the big donors to the GOP that have vested interests in keeping things the way that they are between Obama and the Congress. If Holder and Obama, again act improperly in carrying out their official duties, and if our elected congressional representatives do not act decisively and with determination to carry out their constitutional oaths and duties, THEN DAMN THEM ALL AND THE DEVIL TAKE THE HINDMOST “be they the’rs or ’urs” ! ! !

7 comments:

  1. Please tell us this is just Swiftian satire Mr. Massey and that you've chosen to dabble in a new genre of the poor Irish should eat their babies kind. It is right? In the off chance it is not I request you read this week's America magazine as there is an excellent piece written by one Jesuit that is sure to inform your view.

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  2. RESPONSE: THE "THERE WAS NOTHING MODEST ABOUT MY PROPOSAL" EDITION

    I WAS POINTING OUT THAT JUSTICE AND EQUAL TREATMENT SHOULD APPLY TO EVERYBODY --- LET THE LOCAL AUTHORITIES DO THEIR JOB

    I BELIEVE THAT THE RACIAL PROFILING OF WHITE POLICE OFFICERS AND WHITE PROSECUTORS BY BLACK RABBLE ROUSERS, LIKE AL SHARPTON, JESSE JACKSON, ERIC HOLDER AND BARACK OBAMA, SHOULD STOP IMMEDIATELY

    I THINK THAT IT'S ABOUT TIME THAT PEOPLE LEARNED THAT "NO JUSTICE NO PEACE" DOESN'T ONLY MEAN WHAT THE MAU MAUS, THEIR FLAK CATCHERS AND THE FLACK CHASERS THINK OR WANT IT TO MEAN

    BTW, I PREFER TOM WOLFE TO JONATHAN SWIFT -- WOLFE'S SATIRE IS A MODERN AMERICAN VARIANT OF THE GENRE; AND, UNFORTUNATELY, THOUGH HIS PHRASES WERE COINED AROUND 1970 THEY ARE STILL TOO RELEVANT IN 2014

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  3. Well, Mr. Massey, those of us who live in Brooklyn should understand far better than anyone else that it is implausible to actually believe the local prosecutor is going to conduct a fair and impartial investigation including presenting honest evidence to the grand jury. I would think Brooklynites would be shouting for federal intervention in Fergusan . . . and Richmond County.

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  4. To that save the world tree hugger above who wants to scream for a federal investigation in Richmond, consider screaming for a federal investigation in Brooklyn.

    J Davis
    1201 Clay Street
    Richmond, VA

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  5. Dear Mr. Davis,

    Hello. You're not still upset over that war are you? The loss wasn't entirely your fault - really. Besides as they say we had God and morality on our side up here . . . I assure the voice in the wilderness has cried out for justice to the federal authorities in the Eastern District about the malfeasance in Brooklyn - and has lost a great deal for doing so. But no matter for to whom much is given much is expected. Our hope now is in AG Schneiderman and his investigation. If nothing comes of that we will expect the Brooklyn Republicans to awake and vigorously support the campaign of AG candidate John Cahill - a fine man. And in doing so, perhaps the Bay Ridge Republican clubsters can redeem themselves over their last moment of political activism: campaigning for Republican/Conservative candidate Charles J. Hynes and supporting his scorched earth southern strategy plan for re-election - surely not one of your GOP's finest moments as we know how that went.

    Stay well, 'Tis Herself

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  6. GENERAL RESPONSE: THE "LET'S PRETEND THERE IS A CONSTITUTION" EDITION

    WHERE IS THE FEDERAL JURISDICTION IN THE FATAL POLICE ACTIONS IN FERGUSON, MISSOURI OR RICHMOND COUNTY, NEW YORK ?

    In the former, a police officer was defending himself against a 6'4" 300 + pound monster who had recently attacked a storekeeper and, pending toxicology, was probably high on drugs; in the latter, police officers were using reasonable force to subdue a larger than average man who was visibly resisting arrest.

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  7. BACKFILL: THE “MARTY GOLDEN’S ‘BACK TO THE FUTURE’ POLICE DISCIPLINE BILL IS NOW RACIALLY TOXIC” EDITION

    BECAUSE OF STATEN ISLAND ‘HOMICIDE’ OF BLACK MAN IN POLICE CUSTODY, LEGISLATION BY MARTY GOLDEN AND PETER ABBATE NOT LIKELY TO GET GOVERNOR’S SIGNATURE


    Marty Golden’s proposed change in the collective bargaining procedure for police officers has come under fire following a death that the NYC Medical Examiner’s Office has called “homicide” — ie., the “homicide” of Eric Garner while in police custody, allegedly from a prohibited “choke hold.”

    The bill, sponsored by State Senator Martin Golden and Assemblyman Peter Abbate (S.07801/A.09853) that seeks to amend the NYS Public Employees' Fair Employment Act, also known as the Taylor Law. The proposed Golden-Abbate changes to the existing law would allow police officers and some other public employees to negotiate the terms of disciplinary actions they could face. According to an official memorandum describing the bill, its purpose is "to make it clear that police officers and all other competitive class public employees in this state are entitled to collectively bargain the disciplinary procedures that affect them in their employment".... (See “Death of S.I. man in police custody inspires new bill and a call to veto another” by Julio Olivencia, 7/28/14, Legislative Gazette/ LegislativeGazette.com [http://www.legislativegazette.com/Articles-Main-Stories-c-2014-07-28-88727.113122-Death-of-SI-man-in-police-custody-inspires-new-bill-and-a-call]).

    A number of civil rights groups and non-police unions have sent a letter to Governor Andrew Cuomo, urging him to veto the bill. Also, some pro-law enforcement groups have voiced opposition to the bill; and police chiefs from around the state have also asked the governor to veto it. Those calling for the veto say the bill takes power away from elected officials and others in authority to take appropriate, timely action when a police officer violates the public trust.

    City Council Members Brad Linder and Jumaane Williams have also weighed-in against Golden’s Bill, specifically noting its connection to the Eric Garner Case, sending a letter to the Governor co-signed by 14 other council members (See “Council urges Cuomo to veto police discipline bill” by Gloria Pazmino, 8/12/14, [http://www.capitalnewyork.com/article/city-hall/2014/08/8550658/council-urges-cuomo-veto-police-discipline-bill]; see also “City Council members urge Cuomo to veto police discipline bill in wake of Eric Garner's death, report says” by Myra Wessef, SI Advance / silive.com [http://www.silive.com/news/index.ssf/2014/08/post_901.html]). Both of these cited reports indicated that a spokesman for Cuomo said the bill was still "under review." However, the article by Gloria Pazmino in Capital New York did note that similar legislation had been vetoed by the three previous Governors, Pataki, Spitzer and Paterson; and Councilman Lander told Capital New York that the City Council members were confident that Governor Cuomo would veto the Golden-Abbate Bill as well.

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