Archive for Justice

The Chicago Way

Do you think this is where Chimpy Bushitler McHalliburton and Dick-Don Cheney-Rumsfeld got the idea?

Seems too uncannily similar to be a coincidence:

If there’s one thing you must read today, it’s this: an expose in The Guardian, detailing the Chicago Police’s secret “black sites,” inspired by Guantanamo Bay and used to illegally detain American citizens.

According to the Guardian, a “nondescript” warehouse in Chicago’s Homan Square is used by the CPD for work they would like to keep “off-the-books,” particularly work that happens to violate the Constitution. “It’s sort of an open secret among attorneys that regularly make police station visits, this place,” Chicago lawyer Julia Bartmes told The Guardian. “If you can’t find a client in the system, odds are they’re there,” being subjected to the following treatments:

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

Keeping arrestees out of official booking databases.

Beating by police, resulting in head wounds.

Shackling for prolonged periods.

Denying attorneys access to the “secure” facility.

Holding people without legal counsel for between 12 and 24 hours, including people as young as 15.

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

You sure this wasn’t Abu Ghraib?

Or even Gitmo?

The article’s author, Spencer Ackerman, recently published another expose about the Chicago police, in which he accused an award-winning Chicago detective of engaging in horrific acts of interrogation and torture, including “shackled suspects to walls for extended periods, threatened their family members, and perhaps even planted evidence on them.” The detective, Richard Zurley [Zuley, actually], eventually transferred these tactics to Guantanamo Bay, where he “oversaw a shocking military interrogation that has become a permanent stain on his country.”

The examples of abuse in the article date from 2012 and 2013, well within the reign of Rahm Emanuel. I wonder if he recommended Det. Zuley to Obama for employment at Guantanamo?

Obama sure seems grateful.

PS: The original Grauniad article suggest the black site has been operational since the late 90s—so it could well have served as the model for Bush’s medieval torture chambers. Thanks for the suggestion, Chicago!

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Sorry, Trayvon

Can’t say they didn’t try:

The Justice Department announced Tuesday that George Zimmerman will not face federal criminal civil rights charges for shooting and killing Trayvon Martin in 2012.

Zimmerman fatally shot Martin, 17, while the unarmed African American teenager was walking in Sanford, Fla. The shooting became a national flash-point, sparking a discussion of race relations that continues to reverberate in the wake of the death of Michael Brown in Ferguson, Mo., and other incidents across the country.

“The death of Trayvon Martin was a devastating tragedy,” Attorney General Eric H. Holder Jr. said in a statement. “It shook an entire community, drew the attention of millions across the nation, and sparked a painful but necessary dialogue throughout the country.”

Holder that the “comprehensive examination” determined that there was not enough evidence for a federal hate crime prosecution. But he said that Martin’s “premature death necessitates that we continue the dialogue and be unafraid of confronting the issues and tensions his passing brought to the surface.”

Absolutely, sir. We’ll continue that dialogue and confront those issues and tensions like there’s no tomorrow. For example, do not pound the head of someone who’s carrying a loaded weapon.

And lose the fascination with gangsta “culture”. Not healthy.

I disagree with the caption. I don’t thank Zimmerman for getting into that situation. He’s not liable, criminally or civilly, but he’s not entirely blameless.

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Guilty

Oh, to have been on this jury:

New York federal court was scheduled to hand down a verdict later Monday as to whether or not the Palestinian Authority and the Palestine Liberation Organization can be held responsible for terror attacks that killed US citizens in Israel.

The $1 billion lawsuit was filed over a series of deadly attacks in or near Jerusalem that killed 33 people and wounded hundreds more during the second Palestinian intifada, or uprising, a decade ago. The plaintiffs have turned to the US court because some of the victims were American citizens.

At issue are several Palestinian terror incidents between 2001 and 2004 targeting civilians, including a bombing at a packed cafeteria at Jerusalem’s Hebrew University, as well as suicide bombings and shootings on busy streets.

From the trial:

Family members suing Palestinian governing bodies took to the stand last week to share often heartbreaking memories of relatives killed in a spate of attacks against Israeli civilians in the early 2000s, known as the Second Intifada.

During one witness’s testimony, a juror “broke into sobs and uttered an expletive,” the Palestinian Authority’s lawyer Mark Rochon said.

“I don’t want to embarrass jurors, and I am very cognizant of the fact that an element of the damages can be powerful emotional testimony, but if someone has a personal experience … that would affect their ability to be fair, that’s something we do need to know about,” he added.

Rochon, from the Washington-based firm Miller & Chevalier, suspected that unexpected testimony about “sexual assault issues” caused the juror to weep.

Declining to issue a jury instruction, U.S. District Judge George Daniels commented, “This isn’t the first time that I have seen a juror cry or react strongly to the emotional testimony of a particular witness.”

Lawyers for the families contend that Palestinian Authority payment records, employment files and intelligence documents show a tie to the bombing’s “mastermind,” Ahmed Barghouti.

Lawyers for the families submitted records from the Palestinian Authority’s General Intelligence Service allegedly linking their employees Ahmed Salah and Ali Ja’ara to that attack, a spokeswoman said.

Ja’ara was the bomber, and Salah was convicted of aiding it, she added.

The Palestinian Authority’s lawyer Rochon contends that the paperwork reflects only his client’s massive “social welfare state.” He estimated that he would kick off a four-day defense case this week.

They got Al Capone for tax evasion. If they take down the PA and the PLO by bankrupting them, it won’t be enough. But it’ll have to do.

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The Fix Is In

Not that there was any doubt:

The Obama administration is refusing to publicly release more than 500 documents on the IRS’s targeting of Tea Party groups.

Twenty months after the IRS scandal broke, there are still many unanswered questions about who was spearheading the agency’s scrutiny of conservative-leaning organizations.

The Hill sought access to government documents that might provide a glimpse of the decision-making through a Freedom of Information Act (FOIA) request.

The Hill asked for 2013 emails and other correspondence between the IRS and the Treasury Inspector General for Tax Administration (TIGTA). The request specifically sought emails from former IRS official Lois Lerner and Treasury officials, including Secretary Jack Lew, while the inspector general was working on its explosive May 2013 report that the IRS used “inappropriate criteria” to review the political activities of tax-exempt groups.

TIGTA opted not to release any of the 512 documents covered by the request, citing various exemptions in the law. The Hill recently appealed the FOIA decision, but TIGTA denied the appeal. TIGTA also declined to comment for this article.

You demand justice?

Here ya go:

Holder conducted an interview with Melissa Harris-Perry on topics ranging from the Voting Rights Act to Ferguson, Missouri to the noises made by water birds.

“You know, we call you the duck,” Harris-Perry told Holder. “In nerdland,” she began, referring to her show’s fans.

“The duck?” a puzzled Holder asked.

“We call you the duck. In nerdland we say you have sort of a placid and even way of presenting, but you are just working for justice underneath,” explained Harris-Perry, mimicking the paddling motion of a duck as she shook her head feverishly.

Did it make her tampon earrings flop around?

“Would you quack for us?” Harris-Perry asked sincerely.

“Well, I’m not sure I’m going to do that, but, uh, I like the analogy,” Holder answered.

“You do like the analogy? Good!” Harris-Perry responded.

If we’re going to compare the Attorney General to fowl, I’d go with chickens**t.

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WWII Vets’ Lives Matter

We covered the brutal killing of Delbert “Shorty” Belton at the time it happened. Justice is finally having her say:

A judge sentenced Kenan Adams-Kinard to 20 years in prison Thursday for the 2013 murder of World War II veteran Delbert ‘Shorty’ Belton.

Adams-Kinard, 17, pleaded guilty on Jan. 7 to severely beating Belton in the parking lot of the Eagles Lodge as Belton sat in his car. His accused accomplice, Demetruis Glenn, is scheduled to stand trial in March.

Grief, forgiveness and redemption were on the minds of friends and family for both killer and victim.

Two of Belton’s nephews, as well as his friend Martha Denison, spoke before the sentencing, remembering the man they knew and loved, while expressing hope that Adams-Kinard could change.

Through tears, they described Belton as soft-spoken, patriotic and unfailingly kind.

“If he needed money or something,” Denison said, referring to Adams-Kinard, “all he had to do was ask and Shorty would have given it up without a problem.”

Nephew Steve Belton spoke about Belton’s service in Okinawa, and described him as the “patriarch” of the family – the last of his siblings left alive.

“He was small in stature, but he made up for it with heart,” he said.

I wasn’t there, but out of misery might have shone a ray of light:

Adams-Kinard read the court a lengthy prepared statement in which he asked for forgiveness and assured the Belton family that he has grown into a better person since the night he killed Belton.

“Life is a precious gift, and to know that I have taken the life of another person has severed my spirit,” he said. “From this day forward, I intend to turn the page and start a new chapter in my life.”

Judge Annette Plese said it was apparent Adams-Kinard had matured since he first appeared in her courtroom.

“You’re owning up and taking accountability for your actions. That’s what a man does,” she said.

Of course, it took a while to get there:

He did not address the accusation made in a letter tied to Adams-Kinard claiming the 88-year-old man shorted the teen on a crack deal. Belton’s friends and family have dismissed the claim as absurd, and police said there was no evidence to support it.

Water under the bridge. Just like the next twenty years of his life. See you in 2035, Kenan.

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What Does Al Sharpton Have in Common With…

Chuck Berry, Lauryn Hill, Ron Isley, Richard Hatch, Leona Helmsely, and Pete Rose?

Not a damn thing!

Serial tax avoidance appears to be a hallmark of Al Sharpton’s operations. But there’s a warning here: Others have gone to prison for lesser amounts. The list includes rock legend Chuck Berry, Grammy winner Lauryn Hill, Ron Isley of the Isley Brothers, Survivor reality star Richard Hatch, hotel queen Leona Helmsely, and baseball’s Pete Rose.

According to a New York Times’ review of government records last fall, the MSNBC host and civil rights activist personally faces federal tax liens for more than $3 million in back taxes owed, and state tax liens of $777,657. So in total, Sharpton reportedly owes more than $3.7 million in back taxes. His other two for-profit businesses, Raw Talent and Revals Communications, (both now defunct) owe anywhere from $717,000 to more than $800,000, based on state and federal tax liens, reports from the Times and National Review indicate. Revals Communications also either didn’t file its tax returns, or underpaid its tax bills from 1999 to 2002.

Sharpton’s National Action Network also owed more than $813,000 in federal back taxes as of December of 2012, according to the nonprofit’s recent filings. At one point, the National Action Network’s tax liability more than doubled last decade, jumping from $900,000 in 2003 to almost $1.9 milion in 2006. In 1993, Sharpton also had entered a guilty plea for the misdemeanor of failing to file his New York State income-tax return. Sharpton has also said the National Action Network had once given him a loan to pay for his daughters’ tuition, which is a violation of the law.

You know what they say, Al. Orange is the new black.

Leona Helmsley was quoted as saying “only little people pay taxes”. Al Sharpton has shrunk in size in recent years, but the littler Al Sharpton still doesn’t pay taxes.

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How Do You Spell LGBTQ?

If a baker can be forced to bake a wedding cake for a gay wedding that might offend his religious beliefs—and he can be—then what’s the problem here?

A bakery is fighting a legal claim after it refused to inscribe a gay slur on a cake.

Thousands of customers are coming to the defense of the Azucar Bakery in Denver.

The owner says a customer came into her shop about a year ago asking to have the slur written on a bible-shaped cake, but she says she had to draw the line.

Marjorie Silva said she’d make the cake, but not write the message.

The customer cancelled the order then filed a religious discrimination complaint.

“We did feel it was not right for us to write hateful words or pictures about human beings,” Silva said.

People from across the world have sent messages in support of the owner’s decision.

A state agency will hear the case in March.

Boilerplate disclaimer: I support gay marriage, and oppose gay slurs.

But I also support religious freedom (as areligious as I am), and can’t get my head around a baker who does not discriminate against gay customers being compelled by the state to participate in a celebration he finds privately offensive.

That being the case, however, if the customer wants “fa**ot” written on a cake, start writing or we start seizing assets.

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Are We Done Here?

Now that a grand jury has rendered its judgement, it’s time Michael Brown and Darren Wilson be judged by a higher power.

Eric Holder:

A federal investigation has not found enough evidence to charge Darren Wilson with the federal crime of depriving Michael Brown of his civil rights, according to multiple sources familiar with the investigation.

The FBI has completed its investigation into the August shooting in Ferguson, Missouri, and sent the findings to the Justice Department, a law enforcement official and a separate U.S. official said Wednesday.

Justice Department prosecutors will not recommend civil rights charges against Wilson, who killed Brown, because there is not sufficient evidence to support charges, a U.S. official told CNN.

Ultimately, the decision will be made by Attorney General Eric Holder, who has said he will announce a decision before he leaves office, which is expected to be by spring.

He can’t get gone soon enough. Too bad for him he won’t take Officer Wilson’s scalp with him.

Black lives matter—absolutely they do—even in suicide by cop. Can we now let Michael Brown’s memory rest in peace?

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How Can We Miss You When You Won’t Get the F**k Outta Here?

With all due respect, of course, to the retiring (though he’s anything but) Attorney General of the United States:

In an interview with MSNBC’s Joy Reid in a replica of the bus Rosa Parks rode, Attorney General Eric Holder discussed the lack of respect shown by his political opponents and if a white attorney general would receive the same treatment as him.

“I can’t look into the hearts and minds of people who have been, perhaps, my harshest critics,” Holder said. “I think a large part of the criticism is political in nature. Whether there is a racial component or not, you know, I don’t know.”

“Do you feel you’ve been especially disrespected as attorney general?” Reid asked Holder.

“I think it’s unfortunately part of Washington in 2014,” Holder said. “I would hope that my successor would not have to endure some of the thing is did. I say endure only because I think I’ve shown respect where, perhaps, I haven’t been given any.”

Holder said there have been times when he “wanted to just snap back” and “be a lot more aggressive.”

“There are times when I’ve wanted to just snap back,” Attorney General Holder said. “There are occasions when I have. But there have been frequently more times when I’ve wanted to, you know, be a lot more aggressive in the responses that I’ve made.”

Ask John Ashcroft how it felt to be Attorney General, when almost no Democrats supported his initial appointment. Ask Alberto Gonzalez, who also got no love from the Dems, despite being the first Latino AG—indeed the highest Latino in US government to that date (just as Colin Powell and Condoleezza Rice had been the first black and female Secys of State respectively). Talk about your war on women, blacks, and Hispanics!

Let’s take a look at a little bit of Eric Holder not snapping back.

“A nation of cowards”:

Though this nation has proudly thought of itself as an ethnic melting pot, in things racial we have always been and continue to be, in too many ways, essentially a nation of cowards.

Ever wonder why, Eric (the Red)?

Fast and Furious:

“I want to be clear: Any instance of so-called ‘gun walking’ is unacceptable,” Holder said of weapons smuggling, later adding: “This operation was flawed in its concept, and flawed in its execution.”

No [bleep], Sherlock.

Myopia:

“You constantly hear about voter fraud … but you don’t see huge amounts of vote fraud out there,’’ Holder said.

J-u-u-u-st enough, I would say:

Attorney General Eric Holder finally got fed up Tuesday with claims that the Justice Department went easy in a voting rights case against members of the New Black Panther Party because they are African American.

“When you compare what people endured in the South in the 60s to try to get the right to vote for African Americans, and to compare what people were subjected to there to what happened in Philadelphia—which was inappropriate, certainly that…to describe it in those terms I think does a great disservice to people who put their lives on the line, who risked all, for my people,” said Holder, who is black.

“To compare that kind of courage, that kind of action, and to say that the Black Panther incident wrong thought it might be somehow is greater in magnitude or is of greater concern to us, historically, I think just flies in the face of history and the facts.”

How about due process:

“The reality is that we will be reading Miranda rights to the corpse of Osama Bin Laden – he will never appear in an American courtroom,” the nation’s chief enforcement officer told a stunned House hearing.

No argument from me. But isn’t that the same kind of talk that got Bush labeled a “cowboy”?

More due process:

President Barack Obama predicted that professed Sept. 11 mastermind Khalid Sheikh Mohammed will be convicted and executed as Attorney General Eric Holder proclaimed: “Failure is not an option.”

Even if a terror trial suspect were acquitted, Holder said, he would not be released in the United States.

In one of a series of TV interviews during his trip to Asia, Obama said those offended by the legal privileges given to Mohammed by virtue of getting a civilian trial rather than a military tribunal won’t find it “offensive at all when he’s convicted and when the death penalty is applied to him.”

Obama quickly added that he did not mean to suggest he was prejudging the outcome of Mohammed’s trial. “I’m not going to be in that courtroom,” he said. “That’s the job of the prosecutors, the judge and the jury.”

In interviews broadcast on NBC and CNN Wednesday, the president also said that experienced prosecutors in the case who specialize in terrorism have offered assurances that “we’ll convict this person with the evidence they’ve got, going through our system.”

Holder sought to explain his prosecutorial strategy Wednesday to the Senate Judiciary Committee, where lawmakers questioned him along largely partisan lines over his decision last week to send Mohammed and four alleged henchmen from a detention center at Guantanamo Bay to New York to face a civilian federal trial in New York.

Asked what might happen if the suspects are acquitted, Holder replied: “Failure is not an option. These are cases that have to be won. I don’t expect that we will have a contrary result.”

That’s the President of the United States and the Attorney General prejudging (literally) a civilian trial. Saddam Hussein couldn’t have done better. Homosexuals in Iran are more likely to get off. (Wipe that smirk off your face, you know what I mean.)

So, farewell, then, Eric Holder. Good riddance to bad rubbish. When you finally leave, that is.

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See You in Court

You’ll be hearing from my lawyers:

President Barack Obama’s new plan to ease the threat of deportation for 4.7 million undocumented immigrants violates the U.S. Constitution, a federal judge found on Tuesday, handing down the first legal ruling against the plan.

The ruling has no immediate impact, with the government saying there was no reason for Judge Arthur Schwab of the Western District of Pennsylvania to address the issue in the case, which concerns 42-year-old Honduran immigrant Elionardo Juarez-Escobar.

Schwab is the first judge to rule on the legality of the plan Obama announced on Nov. 20. The executive action by the Democratic president is opposed by Republicans and is already subject to other legal challenges.

Schwab ruled that the executive action violated the U.S. Constitution’s guarantee of separation of powers and the separate “take care clause,” which requires the president to faithfully execute laws passed by Congress.

So what if it’s non-binding? At least someone has the nuts to pronounce on the issue. Over to you, John Boehner (speaking of nuts, or lack thereof).

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We’ll See You in Court

We’re going to need a bigger courthouse. Is Montana available?

Twenty-four states have signed onto the legal challenge against President Barack Obama over his executive action on immigration, incoming Texas Gov. Greg Abbott announced Wednesday.

Abbott, the Texas attorney general who will assume his new role in January, is leading the coalition.

“The president’s proposed executive decree violates the U.S. Constitution and federal law, circumvents the will of the American people and is an affront to the families and individuals who follow our laws to legally immigrate to the United States,” he said in a written statement.

The Texas-led coalition of states in the legal challenge consist of: Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Maine, Michigan, Mississippi, Montana, Nebraska, North Carolina, South Carolina, North Dakota, Ohio, Oklahoma, South Dakota, Texas, Utah, West Virginia and Wisconsin.

Almost half the union is suing President Obama for violating the Constitution. Somebody has to.

PS: Of course, Obama thinks he has 33 states on his side.

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Who Killed Eric Garner? Why, An’ What’s the Reason For?

As this article takes pains to declare: “it is the height of irresponsibility and depravity for a man to end up dead for selling loose cigarettes.”

Amen.

And yet he did.

How?

The background:

In 2010, the New York State Legislature passed a law raising taxes on cigarettes purchased in New York City to $5.85 per pack of 20 cigarettes.

Fast-forward four years: A U.S. senator is blaming the politician that created that law for the chokehold death of Eric Garner, an unarmed black man, by a white police officer in New York City in July 2014.

“I do blame the politician,” Sen. Rand Paul, R-Kentucky, explained on MSNBC’s “Hardball.” “We put our police in a dangerous situation with bad laws.”

Crazy talk? Let’s dig deeper:

The law that led to this confrontation was pressed forward by former New York Mayor Michael Bloomberg; Garner had been arrested some eight times for selling “loosies.” As Lawrence McQuillan reported in The Washington Times:

In January 2014, tough new penalties for selling untaxed cigarettes took effect in New York City. In July, emboldened by the new law, the city’s highest-ranking uniformed cop, Philip Banks, issued an order to crack down on loosie sales days before Garner died.

So in terms of police cracking down on Garner, the real responsibility lies with Bloomberg and NYPD Chief Bill Bratton. Idiot laws lead to meaningless deaths.

I did some sleuthing. New York State’s (and New York City’s) cigarette taxes are the highest in the country. Drive to New Jersey with an empty trunk and you can load up on ciggies taxed at $2.70 a pack. Drive a little farther and you can get them in Pennsylvania for $1.60. Make a road trip to Virginia, King Tobacco, and it’s a mere 30¢ a pack—almost twenty times less than the tax rate in New York City. (By the way, the Feds stick their own $1.01 tax on every pack.)

No wonder Eric Garner did a brisk business selling loosies.

Especially in a poorer neighborhood in Staten Island:

Progressives claim to care for the poor, yet the 18.1 percent of Americans who still smoke are disproportionately poor.

A 2012 study for the New York State Department of Health found that smokers in households making less than $30,000 a year spent on average 23.6 percent — nearly one dollar in four — of household income on cigarettes. New York’s cigarette taxes are regressive, hurting poor people most.

Eric Garner may have been the “dealer”, but the drug kingpin was the federal, state, and local government determined to get their cut. Collected by the “goons” sent to “explain the situation” to him. Illegal aliens are legal without even the wave of a pen; marijuana possession is rarely a crime anymore; but selling individual cigarettes (so expensive because their cost is doubled by taxes) is a crime punishable by death. If not by intent, by inevitability.

Inevitable not least due to Garner’s health:

At issue in this case is the so-called “chokehold” used by Pantaleo. Chokeholds have been banned by the NYPD entirely since 1993; chokeholds are typically defined as holds that prevent people from breathing. Thanks to the video showing Garner stating that he cannot breathe, many pundits have wrongly suggested that Pantaleo was “choking” Garner by depriving him of air from his windpipe. Bratton himself suggested that Pantaleo used a “chokehold,” which is defined by the NYPD as “any pressure to the throat or windpipe, which may prevent or hinder breathing or reduce intake of air.”
That does not appear to have been the case. Garner did not die of asphyxiation, as the head of the Patrolmen’s Benevolent Association noted at the time. The preliminary autopsy showed no damage to Garner’s windpipe or neck bones.

So what was Pantaleo doing? He was applying a submission hold, which is not barred by the NYPD, and is designed to deprive the brain of oxygen by stopping blood flow through the arteries. So say the experts on submission holds.

It appears that the so-called chokehold was instrumental in triggering Garner’s pre-existing health problems and causing his death, but Garner was not choked to death, as the media seems to maintain. According to Garner’s friends, he “had several health issues: diabetes, sleep apnea, and asthma so severe that he had to quit his job as a horticulturist for the city’s parks department. He wheezed when he talked and could not walk a block without resting, they said.”

His being able to shout “I can’t breathe!” several times is proof that he could breathe, however impaired his breathing was. I’ve experimented with a little grappling in my martial arts training (very little because I don’t like it). The very first thing you are taught is how to surrender, which is by tapping, not speaking. Many submission holds restrict airflow: you can think “I give up”, but if you can’t say it, you’re screwed. Garner could speak.

But that’s not the same as breathing. Asthma, a weak heart, diabetes—that’s what killed him, triggered by the stress of an arrest that should have been handled better. I heard a doctor call into Dennis Miller’s radio show and say that Garner’s size was not indicative of a behemoth, but of someone morbidly obese, who should have been handled even more carefully. He thought the cops should have known that.

I wish they had. I wish they had talked him down instead of taken him down, even though his “this ends today” rhetoric perhaps left them no chance. But I also wish the police had been instructed to apply the same laxity of law enforcement toward “black market” distribution of a legal product as they are instructed to ignore illegal marijuana and illegal aliens. And I wish the city didn’t so strenuously apply its usurious tax rates on its poorest citizens.

Sure, they should quit smoking. But ask President Obama, whose nicorette gum habit so insulted the Chinese on a state visit, how easy that is.

Bob Dylan once wrote a song, “Who Killed Davey Moore?” about a boxer who died in a bout. In Dylan’s telling, the ref, the opponent, the manager, the gambler, the sports writer, and the crowd all profess their innocence. Who killed Eric Garner? There’s a long list.

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