U.S. vs. Blewett is the Obama Justice Department’s Greatest Shame

The Guardian (U.K.), July 23, 2013
By Alex Karakatsanis
The differential treatment of crack cocaine and powder cocaine by America’s criminal "justice" system has been exposed as discriminatory and admitted to be unfair. Yet, the secret nightmare continues for thousands of African Americans still in prison for crack cocaine offenses, while people convicted of powder cocaine offenses – the majority of whom are white or Hispanic – have served far shorter sentences. Even as the US government has reformed the injustice of punitive sentencing for crack, it has doubled down on the injustice for those imprisoned before the reforms.
I’ll never forget the first time I had to explain federal crack cocaine laws to a client. I was 25 years old, fresh out of law school, and working as a public defender in Alabama. I had come to the local jail, where my client was being held in a 6ft x 8ft cell with three other men and no access to fresh air or to a single window.
My client thought he would be released from jail and home with his family after our first appearance in court. Instead, I told him, the tiny bag of crack cocaine that police had found in his car – less than half the size of a ping-pong ball – meant that he would likely spend the next five to 40 years in prison.
Last month, President Obama quietly did something that should shake every American to the core. Seeking to enforce federal crack cocaine laws that have since been repealed, the Obama administration asked a federal appeals court to ensure that thousands of human beings, mostly poor and mostly black, remain locked in prison – even though everyone agrees that there is no justification for them to be there.
To understand Obama’s decision and to understand why you have probably not heard about this, it is important to realize just how normalized rampant incarceration has become in our society. America now puts people in prisons at rates unparalleled in the modern world and unprecedented in American history. The US has 5% of the world’s population and 25% of its prisoners.
Half of all human beings in federal prison are there because of a nonviolent drug offense. The number of nonviolent drug offenders in prisons and jails around America has increased 1100% since 1980. The vast majority of those in prison are very poor. African Americans constitute only 14-15% of the nation’s drug users (about the same as their percentage of the general population); yet, they constitute 37% of those arrested for drug offenses, 59% of those convicted for drug offenses, and 74% of those sentenced to prison for a drug offense.
The result: twenty years or so into the "war on drugs", America incarcerated blacks at a rate six times higher than South Africa did during apartheid.
Until President Obama signed the Fair Sentencing Act, on 3 August 2010, there had been, for over two decades, a 100:1 disparity in the quantities of drugs seized that would trigger the mandatory minimum penalties faced by tens of thousands of people like my client. In other words, while my client’s five to 40 years was triggered by only 5g of crack cocaine, it would take 500g (half a kilo) of powder cocaine to trigger the same penalty.
A further disparity: 82% of federal crack cocaine defendants are African-American; only 27% of powder cocaine defendants are African-American. In the early years of the 100:1 ratio, from 1988 to 1995, no whites at allwere brought to trial by federal prosecutors under the crack provisions in 17 states, which included major cities such as Boston, Denver, Chicago, Miami, Dallas, and Los Angeles.
The president, Congress, and every serious expert agreed that this disparity was unjustifiable. Indeed, the two substances are pharmacologically identical. Curiously, though, without giving any reasons, Congress did not reduce the disparity to 1:1, as even federal law enforcement officials had conceded was appropriate. Instead, it picked the nice round number of 18:1. Even in making that arbitrarily decision, however, Congress did not indicate what was to happen to all those already sitting in prison under a law that Congress and the White House had now found to be unjust.
This was a moment almost unique in history: when a supposedly free society admitted that many of its citizens remain in prison for no good reason.
Strangely, the Obama administration initially urged in federal courts across the country that the old discriminatory penalties should still be applied to those arrested but not yet sentenced at the time the law was passed. However, the administration reversed course after significant criticism, and the US supreme court held last year that the new, more "fair" sentences must be applied to those not yet sentenced.
But that case did not decide the fate of any of the thousands of people already sitting in prison because of what all agree is an unfair law. For those people – sentenced, in some cases, just days or weeks before the Fair Sentencing Act was signed – our society’s acknowledgment that they remain in prison for no good reason may not help them at all – because the government did not care to reduce their penalties retroactively when it declared them unjust.
For several years, federal judges have done nothing to remedy this injustice; one famously concluded that the prisoners sentenced under the old law had simply "lost on a temporal roll of the cosmic dice". So, there are American citizens serving tens of thousands of years in prison because, according to all three branches of government, it’s just their tough luck?
Apparently so, until two months ago. On 17 May 2013, the US court of appeals for the sixth circuit held that the new, "fair" sentences must be applied to all those previously sentenced under laws that everyone acknowledges were discriminatory. The two-judge majority opinion wrote forcefully (pdf) and with unusual candor about the history of unequal treatment under the old laws. The judges ordered that those sentenced under those laws were entitled to ask federal judges to reduce their sentences.
The Justice Department is now seeking to overturn that decision – which will be devastating news to many thousands like my original crack cocaine client. The Obama administration would surely condemn an oppressive foreign dictator’s regime for the singular cruelty of declaring to its population that thousands of its citizens must continue to sit in prison for no good reason. The fact that few have even heard of the stunning position taken by President Obama is a sad reflection on how incurious mainstream US public opinion is about what underpins our mass incarceration society.
• Editor’s note: though not technically incorrect, this article was amended to include the phrase "or Hispanic" in the first paragraph, at 1.30pm ET on 23 July

Black-White Divide Persists in Breast Cancer

New York Times, July 23, 2013

By Tara Parker-Pope

Breast cancer survival is, over all, three years shorter for black women compared with white women, mostly because their cancer is often more advanced when they first seek medical care, new research shows.

While cancer researchers have known for two decades that black women with breast cancer tend to fare worse than white women, questions remain about the reasons behind the black-white divide. The new report, from researchers at the University of Pennsylvania, begins to untangle some of the issues by using an analytic method to filter the influence of demographics, treatment differences and variations in tumor characteristics, among other things.

The findings, published in The Journal of the American Medical Association, suggest that while a significant number of black women still get inferior cancer care, the larger problem appears to be that black women get less health care over all, and that screening and early detection campaigns may have failed to reach black communities.

Using data from Medicare patients tracked in the Surveillance, Epidemiology and End Results database, the researchers analyzed 107,273 breast cancer cases, which included 7,375 black women. The larger number of cases involving white women allowed researchers to find nearly perfectly matched controls against which to compare the outcomes of black women with breast cancer.

The findings were striking. Over all, white women with breast cancer lived three years longer than black women. Of the women studied, nearly 70 percent of white women lived at least five years after diagnosis, while 56 percent of black women were still alive five years later.

The difference is not explained by more aggressive cancers among black women. Instead, the researchers found a troubling pattern in which black women were less likely to receive a diagnosis when their cancer was at an early stage and most curable. In addition, a significant number of black women also receive lower-quality cancer care after diagnosis, although those differences do not explain the survival gap.

“Something is going wrong,” said Dr. Jeffrey H. Silber, a professor at the University of Pennsylvania and the director of the Center for Outcomes Research at the Children’s Hospital of Philadelphia, which studies disparities in health care. “These are huge differences. We are getting there too late. That’s why we are seeing these differences in survival.”

The data show that black patients are twice as likely to never receive treatment. The records of 12.6 percent of black patients did not show evidence of treatment, compared with 5.9 percent of whites.

Black patients were also more likely to have at least a three-month delay in receiving treatment. Among black and white women with similar tumors, 5.8 percent of black women had not started treatment after three months, compared with just 2.5 percent of whites.

One notable finding of the report is that while the introduction of new treatments has improved the outcome for both white and black breast cancer patients since 1991, those improvements have not narrowed the survival gap between the two groups.

But solving disparities in cancer care would not immediately have a major effect on overall survival for black women, the study showed. If black women began receiving exactly the same quality and level of breast cancer treatment as white women, that would lengthen their lives by two to three months, the study showed.

However, two additional years of life could be gained among black women if their breast cancers were detected earlier and if their health were better over all, as is the case with white women with breast cancer. Among the black women studied, 20 percent received a diagnosis of Stage III or IV disease, when the cancer is far less likely to be cured. Among the white women, only 11.4 percent had late-stage disease.

One reason may be that the black women studied were less likely to seek medical care for any reason.

Although all the patients in the analysis had Medicare coverage, blacks were significantly less likely than white women to have seen a primary care doctor in the 6 to 18 months before diagnosis, and they had far lower rates of cholesterol and colon cancer screening. Black women also had far lower rates of breast cancer screening — 23.5 percent had been screened 6 to 18 months before diagnosis, compared with 35.7 percent of white women. Black women with breast cancer were, over all, in poorer health than white women. Of the black women studied, 26 percent had diabetes, compared with 12.6 percent of white women.

“These patients have insurance,” Dr. Silber said. “We need to improve screening for these women and improve their relationships with a primary care provider.”

In an accompanying editorial, the authors, who included Dr. Jeanne S. Mandelblatt of the Cancer Prevention and Control Program at Georgetown University’s Lombardi Cancer Center, said the rigorous study offered “additional clues to the black-white differences in breast cancer outcomes.”

However, the authors wrote that the report may still understate the effect of lower-quality cancer care for black women, in part because some treatment data are missing from the database it used.

“Ratings of patient-physician communication and trust have been related to black women’s, but not white women’s, patterns of chemotherapy use,” the authors wrote. These findings further reinforce “the idea that black women may have different cancer care experiences than white women.”

© 2013 New York Times

Barack and Trayvon

New York Times, July 19, 2013

By Charles M. Blow

On Friday President Obama picked at America’s racial wound, and it bled a bit.

Despite persistent attempts by some to divest the Trayvon Martin-George Zimmerman tragedy of its racial resonance, the president refused to allow it.

During a press briefing, Mr. Obama spoke of the case, soberly and deliberately, in an achingly personal tone, saying: “You know, when Trayvon Martin was first shot I said that this could have been my son. Another way of saying that is Trayvon Martin could have been me 35 years ago.”

With that statement, an exalted black man found kinship with a buried black boy, the two inextricably linked by inescapable biases, one expressing the pains and peril of living behind the veil of his brown skin while the other no longer could.

With his statements, the president dispensed with the pedantic and made the tragedy personal.

He spoke of his own experiences with subtle biases, hinting at the psychological violence it does to the spirit — being followed around in stores when shopping, hearing the locking of car doors when you approach, noticing the clutching of purses as you enter an elevator.

It is in these subtleties that black folks are forever forced to box with shadows, forever forced to recognize their otherness and their inability to simply blend.

In “The Souls of Black Folk,” W. E. B. Du Bois described this phenomenon thusly:

“It is a peculiar sensation, this double-consciousness, this sense of always looking at one’s self through the eyes of others, of measuring one’s soul by the tape of a world that looks on in amused contempt and pity. One ever feels his two-ness — an American, a Negro; two souls, two thoughts two unreconciled strivings; two warring ideals in one dark body, whose dogged strength alone keeps it from being torn asunder.”

Surely, much has changed in America since Du Bois wrote those lines more than a century ago — namely, bias tends to be expressed structurally rather than on an individual level — but the “two-ness” remains. The reality of being marked, denied and diminished for being America’s darker sons persists, even for a man who rose to become one of America’s brightest lights.

And while words are not actions or solutions, giving voice to a people’s pain from The People’s house has power.

On Friday the president reached past one man and one boy and one case in one small Florida town, across centuries of slavery and oppression and discrimination and self-destructive behavior, and sought to place this charged case in a cultural context.

It can be too easy when speaking of race, bias, stereotypes and inequality to arrive at simplistic explanations. There is often a tendency to separate legacy traumas and cultural conditioning from personal responsibility, but it cannot be done. The truth is that racial realities are complicated, weaving all these factors into a single fabric.

There is no denying that an enormous amount of violence — both physical and psychological — is aimed at black men. That violence is both interracial and intraracial. Too many black men inflict that violence on one another, feeding a self-destructive cycle of victimization until hope is crushed to the ground and opportunity seems beyond the sky.

All of this must be considered when we speak of race, and those conversations cannot be a communion of the aggrieved. All parties must acknowledge and accept their role in the problems for us to solve them. Only when the burden of bias is shared — only when we can empathize with the feelings of “the other” — can we move beyond injury to healing.

Yes, we should encourage young black men to value themselves and make better choices that reflect that value.

But we must also acknowledge that poverty is sticky and despair, dogged. The legacy effects of American oppression — which destroyed families, ingrained cultural violence, and denied generations of African-Americans the luxury of accruing and transferring intergenerational wealth — cannot simply be written off.

Most blacks don’t believe that racial prejudice is the whole of black people’s problems today, or is even chief among them. According to a Gallup poll released Friday, only 37 percent of blacks believe that the fact that they, on average, have worse jobs, income and housing is “mostly” because of discrimination.

But it would be hard to argue that bias plays no role, even if it’s immeasurable.

That’s why there was value in the president of the United States acknowledging his “two-ness” on Friday and connecting with Trayvon Martin — because we can never lose sight of the fact that biases and stereotypes and violence are part of a black man’s burden in America, no matter that man’s station.

We could all have been Trayvon.

• I invite you to join me on Facebook and follow me on Twitter, or e-mail me at chblow.

© 2013 New York Times

Trenton Team tackles tough Medical, Social Problems to Help City

NJ Spotlight July 22, 2013

By Andrew Kitchenman

The health of New Jersey’s urban residents is worse than the health of state residents as a whole – and detailed new report focused on the state’s capital city draws a vivid portrait of the problem and its scope. http://www.trentonhealthteam.org/tht/TrentonCommunityHealthNeedsAssesssmentJuly2013.pdf

A new community health-needs assessment found that if healthcare providers in Trenton are going to successfully treat city residents, they must address daunting social problems including crime and low health literacy.

The assessment was conducted by the Trenton Health Team (THT)], an organization dedicated to coordinating the efforts of the city’s healthcare providers

The study ranked reducing crime and increasing health literacy as two of the top five healthcare priorities for the city, along with reducing obesity, substance abuse and chronic diseases.

THT Executive Director Dr. Ruth Perry noted that both urban crime (both directly through gunshot victims and indirectly through the pervasive fear it causes in a community) and health literacy (the ability to understand medical information and use it to make decisions) are related to the other health priorities.

The team heard from residents who said “We know we need to exercise, but we don’t feel safe walking in our communities,” Perry said.

Her conclusion: “You see how all of these five priorities are interrelated.”

The 2010 Affordable Care Act mandates that nonprofit hospitals conduct these assessments every three years. The assessments generally include analysis of hospital patient data and participation by local public health experts. This information must then be used to adopt plans to meet the needs of the community.

The amount of time and effort that hospitals commit to the assessments can vary, but officials with Capital Health, which operates Capital Health Regional Medical Center, and St. Francis Medical Center decided to work together in an intensive effort as part of the THT, which also includes Henry J. Austin Health Center and city officials. They were able to take a more comprehensive approach involving dozens of local community organizations, thanks to a grant from the Robert Wood Johnson Foundation.

Perry said the assessment was unique because it looked at the root causes of local health problems, rather than just tallying medical cases.

“If residents are afraid their kids going to get shot, then they’re not going to exercise,” Perry said.

St. Francis executive vice president Christy Stephenson, who codirected the assessment with Perry, said the new study was different from one her hospital conducted in 2010 because there was much more community involvement, including a series of public forums.

“It became clear after the second forum that the issues in Trenton were not confined to diabetes, hypertension, heart disease — it was like peeling an onion and people were talking about the environmental things as well as the social barriers” to achieving improved health, she said.

This led the group to directly ask residents what environmental and social factors affect healthcare.

“Crime and violence came up right away,” Stephenson said. “Many of the parents and grandparents felt that was one of the reasons that obesity was so high.”

The social factors came to the forefront in part because the assessment focused on city residents, rather than looking at the needs of the hospitals’ suburban patients.

“In some ways Mercer County is like the land of the haves and the have-nots,” Stephenson said. “That is very much the case where it comes to crime, violence and health literacy.”

Among non-English-speaking residents, language barriers affected residents’ health literacy, she noted. The assessment noted that 35.4 percent of Trenton residents speak a language other than English at home, higher than the 29.2-percent statewide average.

Perry added that if the THT can address health literacy, it would help residents to take care of themselves.

Dr. Robert Remstein, Capital Health’s vice president for accountable care, said the concerns about health literacy matched his own experience in the city. “If patients don’t have the basic fund of knowledge of what diabetes is,” as well as its complications and symptoms, Remstein said, “we’re not going to get off the dime with those patients and we’re really going to have bad outcomes.”

Remstein said the assessment was eye-opening for him. While he has worked as a doctor in Trenton since completing his residency in 1985, he had always thought of crime as a distinct problem, rather than as a cause of other health problems.

“The impact of where you live and the trauma of poverty around that area directly impacts your health,” he said. “I don’t think I ever realized that as an independent variable that can impact your health.”

He noted that as the THT conducted the assessment, scientific studies were published that linked stress to genetic changes.

Remstein said hospitals have traditionally based community health needs assessments on “the colored glasses of the organization.” Having an assessment that involved multiple hospitals led to a broader perspective.

Perry acknowledged that the THT took on an extremely difficult task by producing an assessment that focuses on major social problems.

“It can make it more difficult to address them, but I think here in Trenton we’re in a unique position” because every health provider, community organization and the city government are united in the effort, she said.

Perry gave another reason – based on economics — for investing in addressing these issues.

“I personally think that this is really key for Trenton because if we cannot get our population healthier and safer, then I think it limits Trenton’s ability to have a renaissance,” Perry said, noting that the chronic diseases that result from these factors affect the city’s workforce. “Businesses will not come if they think the community is not safe.”

The THT has assembled five working groups to look at each of the five priorities listed in the assessment. They will meet over the next two months with a goal of developing a plan to address the needs as soon as late September. Each of the group must develop concrete goals and objectives that can be measured, Perry said.

Stephenson sees the hospitals taking a new approach to addressing community needs as a result of the assessment. Rather than tailoring programs to meet individual diseases as concern about them arises, the hospitals will be able to prioritize their programs to address the larger priorities laid out in the assessment.

“They’re big (and)…audacious goals, but I think we’ll be much more effective not overlapping but working in concert,” she said.

Newark Revival Wears Orange Along the River

New York Times, July 21, 2013

By Michael Kimmelman

NEWARK — Perhaps few places in America represent the urban trauma of the 1960s more than this city. Deindustrialization, corruption, suburban flight and calamitous planning gutted its core, tore up neighborhoods and helped fuel rebellion in the streets. The whole toxic environment was encapsulated in the desecration of the Passaic River, which borders Newark. It became a dumping ground for dioxin from the defunct Diamond Shamrock Chemicals Company, which manufactured Agent Orange.

But a quiet upheaval is turning that river, polluted as it may be, into a front line of reclamation. It’s a common approach these days, from Seoul to Madrid to San Francisco: upgrading cities by revamping ravaged waterfronts. Urban renewal strategies from decades past, which did so much to destroy places like Newark, are being turned on their heads. The idea here is to make the Passaic a point of pride. You can see the sign of change in a new stretch of fluorescent orange boardwalk along the riverfront, an eye catcher for passengers on trains rumbling over the bridge into Newark Penn Station.

Phase 1 of Riverfront Park, as it is called, was completed last summer: a $15 million complex of playing fields on formerly derelict land, a couple of miles north of a giant sewage treatment plant, in the Ironbound district. This traditionally Portuguese working-class neighborhood avoided urban renewal 50 years ago and has thrived, partly as a consequence.

The Ironbound also sidestepped the redevelopment movement of the 1980s, which produced alien, corporate sites like Battery Park City. Residents and vigorous neighborhood groups like the Ironbound Community Corporation welcomed the new fields, which, since opening, have become a citywide attraction.

Phase 2 is set to open on Aug. 3, just upriver from the fields: the 800-foot-long, $9.3 million orange boardwalk, designed by the veteran landscape architect Lee Weintraub, in collaboration with the city’s planning office.

In this cash-starved city, nearly half the money has come from the state, the rest from federal and county sources, along with private contributions solicited by the mayor, Cory A. Booker, and the nonprofit Trust for Public Land.

The ultimate goal, said Damon Rich, Newark’s planning director, is to create more than three miles of greenway, a riverfront ribbon with bike and walking paths stretching all the way through downtown to residential neighborhoods in the north.

Accomplishing that will require decades of political perseverance. “It doesn’t get more challenging than a waterfront park on a brownfield next to a Superfund site,” as Adrian Benepe, the director of City Park Development at the Trust for Public Land, and a former commissioner for New York City parks, put it. This is an especially tall order in a poor city notorious for unreliable governance. A timely coalition of environmental groups, Essex County leaders and Mr. Booker came together to complete the first phases. The mayor is now running for United States Senate. Whether early successes with the park will propel the project onward, whoever ends up in charge, is an obvious question.

Another is whether big change can happen here without gentrification driving out the very people the plan tries to help. The city administration says it wants to avoid exactly that. Many residents, accustomed to broken promises and fearful of investments that only produce quarantined office parks, are already wary.

“When the city center was destroyed by urban renewal, it became a place to avoid, a place to pass through,” said Mindy Fullilove, a professor at Columbia University and a New Jersey native who writes on urban affairs. “Now the riverfront can become an urban edge shared by everyone — a point from which to build the city back. The problem of urban renewal has been that when we’ve had an idea, it usually isn’t a good one, and when we have a good one, we don’t put money into it. The hope this time is that things will be different.”

These are changing times. Cities, which banked so much on fancy buildings, are increasingly finding new life and a fresh identity in public spaces that connect neighborhoods and communities. Planning gurus for years preached that waterfronts were no more than working ports and dumping grounds for industrial waste and the poor. Canals were paved with concrete and riverbanks lined with highways, factories, housing projects and railroads. According to this gospel, cars and freeways were good for failing cities, and urban density was bad.

The notion that industry might someday dry up, that economic development and public health would depend on clean, leisure-oriented waterfronts seemed almost inconceivable not even half a century ago. But environmental concerns and digital revolutions have reversed thinking. The proof is on the streets. Downtowns are coming back where residents and cities are stressing public transit over cars, density over sprawl, diversity over suburban flight.

In Newark’s case, repairing the damage will not be easy. Mr. Rich, the planning director, led the way on foot the other morning from the train station to the new boardwalk. The trip required crisscrossing streets with meager accommodation for pedestrians, clambering up the exit ramp of an old bridge and hugging the gutter of a four-lane boulevard that lacks traffic lights allowing people to cross into the park. Along the way, he pointed out a riverside brownfield, the former Market Street Gas Works, now a cleanup project for PSE&G, the utility company. Next door, a grim mirrored-glass office building, headquarters for New Jersey Transit and Horizon Blue Cross Blue Shield, squatted atop a multistory garage.

It’s hard to envision how Riverfront Park will get around those obstacles.

And then there is the river. A state court ruled two years ago that Occidental Chemical Corporation, the successor to Diamond Shamrock, was principally liable for the costs (from $1 billion to $4 billion) of cleaning up the Passaic, but the company has contested the ruling. The next phase of Riverfront Park, to be completed in the spring, envisions the boardwalk stretching toward Penn Station. Restoring parts of the riverfront in the ethnic and racial mix of northern neighborhoods, for equity’s sake, will present a whole fresh set of hurdles.

Still, what has been built so far goes a long way. If a single downtown building like the Blue Cross Blue Shield headquarters separates the city from its river, a modest stretch of boardwalk knits them back together. At a ball field across the boulevard from the new park, Marcelino Arce, a youth baseball coach, described how some children in the Ironbound neighborhood had no idea the river was even there. Now, they must dodge traffic on the boulevard; but once across, he told me, it’s “a whole new world.”

That world includes a few zigzagging walking paths, with signs, by MTWTF, a graphic design firm, recounting the history of the river and its industries. There is an osprey rookery built into a copse of trees at an overlook onto the river. The city still needs to install those traffic lights and the park needs more seating.

As for the boardwalk, made of recycled plastic, its bright orange can summon up what Christo and Jeanne-Claude called “saffron” to describe the color of their “Gates” in Central Park. But police cones may leap to mind. Or Agent Orange. For his part, Mr. Weintraub said the orange was picked after eliminating various gang-related colors. Whatever. It is not ideal.

Newark deserves an elegant waterfront. That said, the orange boardwalk also acts like a giant highlighter, drawing attention to the park — as the project hopes to draw people from all over the city back to the Passaic, one patch of recuperated riverfront at a time.

© 2013 The New York Times

Considering the President’s Comments on Racial Profiling

The Atlantic, July 19, 2013
By Ta-Nehisi Coates
ta-nehisi_coates
My earlier criticisms notwithstanding, I think these comments (brought to you by my label-mate Garance Franke-Ruta) by Barack Obama, given his role as president of the United States of America, strike precisely the right note.
I could nitpick about a few things, but I think it’s more important that people take this in. As far as I know, these are Barack Obama’s most extensive comments regarding the impact of racism since he became president.
I would like to highlight this:

“You know, when Trayvon Martin was first shot I said that this could have been my son. Another way of saying that is Trayvon Martin could have been me 35 years ago. And when you think about why, in the African American community at least, there’s a lot of pain around what happened here, I think it’s important to recognize that the African American community is looking at this issue through a set of experiences and a history that doesn’t go away.”There are very few African American men in this country who haven’t had the experience of being followed when they were shopping in a department store. That includes me.
“There are very few African American men who haven’t had the experience of walking across the street and hearing the locks click on the doors of cars. That happens to me — at least before I was a senator. There are very few African Americans who haven’t had the experience of getting on an elevator and a woman clutching her purse nervously and holding her breath until she had a chance to get off. That happens often.”
“And I don’t want to exaggerate this, but those sets of experiences inform how the African American community interprets what happened one night in Florida. And it’s inescapable for people to bring those experiences to bear.
“The African American community is also knowledgeable that there is a history of racial disparities in the application of our criminal laws — everything from the death penalty to enforcement of our drug laws. And that ends up having an impact in terms of how people interpret the case.”

I think this this is a very good primer on how it feels to be black and consider your relationship to law enforcement. Or people who think they are law enforcement.
I have had my criticisms of this president and how he talks about race. But given the mass freak-out that met him last year after making a modest point about Trayvon Martin, it must be said that it took political courage for him to double down on the point and then advance it.
No president has ever done this before. It does not matter that the competition is limited. The impact of the highest official in the country directly feeling your pain, because it is his pain, is real. And it is happening now. And it is significant.
============
Ta-Nehisi Coates is a senior editor at The Atlantic, where he writes about culture, politics, and social issues. He is the author of the memoir The Beautiful Struggle.
 

Why Privatize New Jersey Government?

By Peter Montague
Last evening at the statewide meeting of the New Jersey Environmental Justice Alliance (NJEJA), we had a brief discussion of the NJ Department of Environmental Protection’s (DEP’s) “Licensed Site Remediation Professional” or LSRP program.  This program allows private contractors to oversee cleanup of the state’s 16,000 contaminated sites — which tend to cluster in communities of low-income and communities of color.  (See this large PDF report.)  Site remediation used to be overseen by public employees within NJ DEP.  Now those government jobs have been privatized.
Why would Governor Christie want to privatize government?
Here (below) is a short piece by New York Times columnist (and Nobel-prize-winning economist) Paul Krugman explaining what people like Mr. Christie gain by privatizing government.  But even Krugman’s essay misses some key points.
Krugman fails to mention that privatizing government programs also serves a second important function for the “powers that be” — eliminating an important source of good jobs for people of color.   Private industry has little trouble discriminating against Blacks and Hispanics.  Government has much less leeway to exclude people of color.   So privatization is a good way to throw Blacks and Hispanics out of good jobs with full benefits, reducing the economic (thus, political)  power of the Black middle class — who tend to vote, and who tend to vote overwhelmingly Democratic.
Anyone examining the LSRP program should be asking, (a) Has it actually saved taxpayer’s any money, as it was supposed to do?  (b) Has is made information about toxic chemicals more difficult for the public to get its hands on?  (c) Has it cleaned up — REALLY cleaned up — more toxic waste sites than government employees were able to do?  (d) Are the pay, benefits and anti-discrimination hiring policies of LSRP contractors being carefully scrutinized — with what results? (e) Have any of the LSRP contractors made political contributions to help re-elect the privatizers?

Governor Christie at the beach
Governor Christie at the beach

Now, here is Krugman:
New York Times June 12, 2012
Prisons, Privatization, Patronage
By Paul Krugman
Over the past few days, The New York Times has published several terrifying reports about New Jersey’s system of halfway houses — privately run adjuncts to the regular system of prisons. The series is a model of investigative reporting, which everyone should read. But it should also be seen in context. The horrors described are part of a broader pattern in which essential functions of government are being both privatized and degraded.
First of all, about those halfway houses: In 2010, Chris Christie, the state’s governor — who has close personal ties to Community Education Centers, the largest operator of these facilities, and who once worked as a lobbyist for the firm — described the company’s operations as “representing the very best of the human spirit.” But The Times’s reports instead portray something closer to hell on earth — an understaffed, poorly run system, with a demoralized work force, from which the most dangerous individuals often escape to wreak havoc, while relatively mild offenders face terror and abuse at the hands of other inmates.
It’s a terrible story. But, as I said, you really need to see it in the broader context of a nationwide drive on the part of America’s right to privatize government functions, very much including the operation of prisons. What’s behind this drive?
You might be tempted to say that it reflects conservative belief in the magic of the marketplace, in the superiority of free-market competition over government planning. And that’s certainly the way right-wing politicians like to frame the issue.
But if you think about it even for a minute, you realize that the one thing the companies that make up the prison-industrial complex — companies like Community Education or the private-prison giant Corrections Corporation of America — are definitely not doing is competing in a free market. They are, instead, living off government contracts. There isn’t any market here, and there is, therefore, no reason to expect any magical gains in efficiency.
And, sure enough, despite many promises that prison privatization will lead to big cost savings, such savings — as a comprehensive study by the Bureau of Justice Assistance, part of the U.S. Department of Justice, concluded — “have simply not materialized.” To the extent that private prison operators do manage to save money, they do so through “reductions in staffing patterns, fringe benefits, and other labor-related costs.”
So let’s see: Privatized prisons save money by employing fewer guards and other workers, and by paying them badly. And then we get horror stories about how these prisons are run. What a surprise!
So what’s really behind the drive to privatize prisons, and just about everything else?
One answer is that privatization can serve as a stealth form of government borrowing, in which governments avoid recording upfront expenses (or even raise money by selling existing facilities) while raising their long-run costs in ways taxpayers can’t see. We hear a lot about the hidden debts that states have incurred in the form of pension liabilities; we don’t hear much about the hidden debts now being accumulated in the form of long-term contracts with private companies hired to operate prisons, schools and more.
Another answer is that privatization is a way of getting rid of public employees, who do have a habit of unionizing and tend to lean Democratic in any case.
But the main answer, surely, is to follow the money. Never mind what privatization does or doesn’t do to state budgets; think instead of what it does for both the campaign coffers and the personal finances of politicians and their friends. As more and more government functions get privatized, states become pay-to-play paradises, in which both political contributions and contracts for friends and relatives become a quid pro quo for getting government business. Are the corporations capturing the politicians, or the politicians capturing the corporations? Does it matter?
Now, someone will surely point out that non-privatized government has its own problems of undue influence, that prison guards and teachers’ unions also have political clout, and this clout sometimes distorts public policy. Fair enough. But such influence tends to be relatively transparent. Everyone knows about those arguably excessive public pensions; it took an investigation by The Times over several months to bring the account of New Jersey’s halfway-house-hell to light.
The point, then, is that you shouldn’t imagine that what The Times discovered about prison privatization in New Jersey is an isolated instance of bad behavior. It is, instead, almost surely a glimpse of a pervasive and growing reality, of a corrupt nexus of privatization and patronage that is undermining government across much of our nation.
 

Raising the Wrong Profile

New York Times, July 18, 2013

By Ta-Nehisi Coates

In 2003, State Senator Barack Obama spearheaded a bill through the Illinois legislature that sought to put the clamps on racial profiling. Obama called racial profiling “morally objectionable,” “bad police practice” and a method that mainly served to “humiliate individuals and foster contempt in communities of color.”

Obama was not simply speaking abstractly. In his 2006 book “The Audacity of Hope,” the future president wrote that he could “recite the usual litany of petty slights” directed at him because of his skin color, including being profiled by the police. “I know what it’s like to have people tell me I can’t do something because of my color,” he wrote. “And I know the bitter swill of swallowed-back anger.” That same bitterness probably compelled Obama, as president, to speak out after Prof. Henry Louis Gates of Harvard was arrested, and to famously note last year, “If I had a son, he’d look like Trayvon.”

That is why it is hard to comprehend the thinking that compelled the president, in a week like this, to flirt with the possibility of inviting the New York City Police Commissioner, Ray Kelly, the proprietor of the largest local racial profiling operation in the country, into his cabinet.

Kelly’s name has been floated by New York politicians of both parties as the ideal replacement for Janet Napolitano, who resigned last week. The president responded by calling Kelly “well-qualified” and an “outstanding leader in New York.” He sounded a pitch for bringing the commissioner into the White House’s fold.

“Mr. Kelly might be very happy where he is,” said the president. “But if he’s not, I’d want to know about it.”

There are some other things that the president should want to know about. Chief among them would be how his laudatory words for Kelly square with the commissioner’s practices and with the president’s deepest commitments.

The N.Y.P.D.’s stop-and-frisk program has been well-covered in this newspaper and elsewhere. It is now public knowledge that the police department, each year, stops hundreds of thousands of citizens, largely black and Latino men, for reasons as thin and subjective as “furtive movements.” Very few of those stops lead to actual charges, much less arrests, and according to the commissioner that’s fine.

“If you don’t run the risk of being stopped, you start carrying your gun, and you do things that people do with guns,” Kelly recently told The Wall Street Journal.

It’s certainly true that some number of people who are looking to carry guns will be less likely to if they know they are going to be searched. But Kelly’s formulation leaves out the hundreds of thousands of people who have no such intent and are simply unlucky enough to be caught in the wrong skin. Those unfortunates must simply pay the tax of societal skepticism.

The dragnet tactics don’t taper at the borders of black and brown communities. If anything, they expand. Last year, The Associated Press reported that the N.Y.P.D. has organized a network of agents and informants strictly for the purpose of spying on Muslim communities. The appropriately dubbed “Demographics Unit” has extended its reach along the Northeastern seaboard, sending informants to spy on Muslim rafting trips, mosques in Newark and Muslim organizations at Yale and the University of Pennsylvania. The Demographics Unit did not discriminate, at least among Muslims: second- and third-generation American citizens were subject to profiling. Despite this sprawling fishing expedition extending up the Atlantic coast, N.Y.P.D. officials admitted in a subsequent court case that the unit’s work had not yielded a single lead, much less the opening of an actual case.

It is often said that Obama’s left-wing critics fail to judge him by his actual words from his candidacy. But, in this case, the challenge before Obama is not in adhering to the principles of a radical Left, but of adhering to his own. It is President Obama’s attorney general who just this week painfully described the stain of being profiled. It was President Obama who so poignantly drew the direct line between himself and Trayvon Martin.

It was candidate Obama who in 2008 pledged to “ban racial profiling” on a federal level and work to have it prohibited on the state level. It was candidate Obama who told black people that if they voted they would get a new kind of politics. And it was State Senator Obama who understood that profiling was the antithesis of such politics. Those of us raising our boys in the wake of Trayvon, or beneath the eye of the Demographics Unit, cannot fathom how the president could forget this.

============

Ta-Nehisi Coates, a senior editor at The Atlantic, is a guest columnist. David Brooks is off today.

© 2013 The New York Times

Attorney General Eric Holder was Harassed by Police on the N.J. Turnpike

Attorney General Eric Holder recently described how he had been stopped twice, and his car searched, for no apparent reason on the New Jersey Turnpike. Here is the relevant section of his talk, delivered July 16, 2013 to the NAACP Convention:
[snip]
"Even as this convention proceeds, we are all mindful of the tragic and unnecessary shooting death of Trayvon Martin last year – in Sanford, just a short distance from here – and the state trial that reached its conclusion on Saturday evening. Today, I’d like to join President Obama in urging all Americans to recognize that – as he said – we are a nation of laws, and the jury has spoken. I know the NAACP and its members are deeply, and rightly, concerned about this case – as passionate civil rights leaders, as engaged citizens, and – most of all – as parents. This afternoon, I want to assure you of two things: I am concerned about this case and as we confirmed last spring, the Justice Department has an open investigation into it. While that inquiry is ongoing, I can promise that the Department of Justice will consider all available information before determining what action to take.
"Independent of the legal determination that will be made, I believe this tragedy provides yet another opportunity for our nation to speak honestly – and openly – about the complicated and emotionally-charged issues that this case has raised.
"Years ago, some of these same issues drove my father to sit down with me to have a conversation – which is no doubt familiar to many of you – about how as a young black man I should interact with the police, what to say, and how to conduct myself if I was ever stopped or confronted in a way I thought was unwarranted. I’m sure my father felt certain – at the time – that my parents’ generation would be the last that had to worry about such things for their children.
"Since those days, our country has indeed changed for the better. The fact that I stand before you as the 82nd Attorney General of the United States, serving in the Administration of our first African American President, proves that. Yet, for all the progress we’ve seen, recent events demonstrate that we still have much more work to do – and much further to go. The news of Trayvon Martin’s death last year, and the discussions that have taken place since then, reminded me of my father’s words so many years ago. And they brought me back to a number of experiences I had as a young man – when I was pulled over twice and my car searched on the New Jersey Turnpike when I’m sure I wasn’t speeding, or when I was stopped by a police officer while simply running to a catch a movie, at night in Georgetown, in Washington, D.C. I was at the time of that last incident a federal prosecutor.
"Trayvon’s death last spring caused me to sit down to have a conversation with my own 15 year old son, like my dad did with me. This was a father-son tradition I hoped would not need to be handed down. But as a father who loves his son and who is more knowing in the ways of the world, I had to do this to protect my boy. I am his father and it is my responsibility, not to burden him with the baggage of eras long gone, but to make him aware of the world he must still confront. This is a sad reality in a nation that is changing for the better in so many ways."
[snip]
You can read the full text of Mr. Holder’s July 16, 2013 speech here: http://goo.gl/pUmKl

Florida Case Spurs Painful Talks Between Black Parents and Their Children

New York Times, July 17, 2013

By John Eligon

University City, Mo. — Tracey Wolff never had a problem with her 19-year-old son’s individualism: his “crazy” hair and unshaven face. But this week, his look suddenly seemed more worrying.

When she thinks of Trayvon Martin and his cropped hair and smooth face, Ms. Wolff says, she wonders, “If that can happen to the clean-cut kid who looks like a good student, then what’s going to happen to my son, who dresses sloppy?” She is considering talking to him about reconsidering his look.

“I don’t want to tell him how to dress,” she added. “He’s a grown man; do what you want to do, but keep in mind these are the things going on.”

On cable news programs and in protests around the country, the acquittal of George Zimmerman in the shooting death of Mr. Martin, an unarmed black teenager, in Sanford, Fla., has been fodder for an intellectual discussion on race and justice. But for many black residents, the verdict has spawned conversations far more personal and raw: discussions of sad pragmatism between parents and their children.

The intimacy of the Martin case for black Americans was drawn into the spotlight this week when Attorney General Eric H. Holder Jr. said during an N.A.A.C.P. convention that he had had a conversation with his 15-year-old son about the case, much the way his father once counseled him about how to interact with the police.

Similar conversations are being held across the country, including here in this racially mixed St. Louis suburb.

On Wednesday afternoon, people of various races sat side by side in the cafes, restaurants and boutiques that line the town’s main road, blocks from Washington University. Longtime residents said racial tensions were not historically a problem in University City, where just over 50 percent of the residents are white and 41 percent are black. But some said the Martin case had rattled their sense of security.

Missouri, like many states, allows residents to carry concealed weapons with a permit. It also allows people to use deadly force in defense of their homes or vehicles without a duty to retreat. On Wednesday, fliers depicting a hoodie, the type of sweatshirt Mr. Martin wore on the night of his death, were taped to poles along the main road. They read, “No more dead youth no matter who’s holding the gun. One love.”

“They’re still showing racism is powerful and still alive,” Ashley Gaither, 22, said, referring to the acquittal of Mr. Zimmerman, who had said he was acting in self-defense. Speaking of her 3-year-old son, Isaiah, Ms. Gaither added: “It’s just sad. It’s already going to be hard for him being a young black male growing up.”

Her fiancé, Eddie Kirkwood, 24, said of their son, “I don’t want to let him walk to the store by himself, especially after that.”

The whole situation, added Ms. Gaither, a nurse’s assistant, “would just make me skeptical about what crowd of white people I put him around.”

Lesley Grice, 35, who was visiting a friend here but lives in Kirkwood, a St. Louis suburb that has a history of rocky race relations, said she had asked her 18-year-old son to stop wearing hoodies, a request that did not go over so well. “He’s like, ‘That’s what I like to wear,’ ” she said.

Ms. Grice, a housekeeper, said she had also told her son that when he was talking to adults, to keep his hands in place so it was clear that he was not reaching for anything.

Christian Hayes, 24, said he did not know what he would tell his 7-month-old twin sons about the Martin case when they were older. For now, he described a sense of being trapped in his own neighborhood. If someone were following him, he said, “I’m not going to run; I’m going to ask him what he’s following me for.” But, he added, “It just makes me feel like you can’t do nothing or go nowhere.”

As he walked down the street in rubber sandals on Wednesday afternoon, Rashaun Cohen, 17, said he carried himself differently since the shooting. His gray sweat shorts hung well past his knees, but he said he tended not to let his pants sag anymore. His mother also offered some advice, he said.

“Just, like, don’t walk into any neighborhood like I’m hard,” he said. “Just always be respectful and humble.”

Mr. Cohen, a high school junior, said Mr. Zimmerman’s acquittal was troubling because he believed that “it’s giving people the O.K. to do that.”

Shannon Merritt, 35, said the Martin case provided a larger teachable moment for her 19-year-old brother and 18-year-old son. One of the first things she did after the verdict, she said, was to tell her brother: “Please stay in school; just work, try not to be a statistic.”

Her daughter cried, Ms. Merritt said. Her daughter also became curious about the historic struggles blacks have faced in this country. They researched that topic and the uphill battle women have waged for rights like the freedom to vote.

“I’m going to help with the movement,” Ms. Merritt said her daughter told her.

© 2013 The New York Times