The Grand Jury in Missouri appears to have rendered its decision in the shooting investigation Michael Brown. It is expected to be announced shortly. Below is my column in USA Today.
In anticipation of the decision on whether to indict officer Darren Wilson for the killing of Michael Brown, the town of Ferguson, Mo., is a virtual armed camp. Schools are closed. The National Guard was called out when the governor declared a state of emergency. The emergency? A grand jury announcement.
While most protesters have engaged in legitimate and lawful speech, others used the shooting of the black teenager by a white police officer as justification to loot the town. State and federal forces are assembling in Ferguson in expectation that some protesters will riot unless there is a criminal charge. Those who insist that “justice” can be found only in jail for Wilson are speaking not of real justice but mob justice.
After the fatal encounter on Canfield Drive, there was good reason for many to question the shooting of Brown. The 18-year-old was unarmed, and police say he had committed a minor theft before being stopped by Wilson. Given the continuing cases of the profiling and shooting of black males by police, there was ample reason for suspicion. However, there was also ample reason for caution before declaring Wilson was a murderer.
Dueling stories
Within hours of the shooting, two clear and equally plausible narratives emerged. From the police account, Brown attacked Wilson after the officer confronted him for blocking the street. In the ensuing struggle in the patrol car, Brown was shot when he grabbed for the officer’s gun and then shot repeatedly outside of the vehicle. From the account of Brown’s friend (and others), Wilson gunned down Brown after the stop without provocation, including shooting him when he had his hands in the air. Each account has one of the men acting in an unprovoked and violent manner. If either account is true, it will be determined through investigations, not demonstrations.
Rioters, who somehow rationalized looting as acts of moral outrage, weren’t willing to wait for evidence. What is surprising is that national and local leaders showed the same impatience.
Soon after the shooting, Missouri Gov. Jay Nixon referred to Brown as the “victim” despite Wilson’s insistence that Brown attacked him. Nixon denounced the police for releasing video that they say shows Brown robbing a store and threatening the clerk as besmirching the victim. Nixon also called for the pursuit of “a vigorous prosecution” for the shooting. A governor’s foremost responsibility is to demand not prosecution but the truth from an unbiased investigation.
Premature federal role
Attorney General Eric Holder was also criticized for his reaction. Holder said he shared the same experience of profiling and abuse at the hands of police. As he did in the Trayvon Martin case, Holder sent in federal civil rights investigators before the initial investigation ended. Such federal investigations are ideally launched after state trials or, at a minimum, after an investigation is complete. When the federal government steps in, it can make the process look political and ultimately fuel discontent when it too rejects charges. Even before the grand jury has rendered its decision, The Washington Post reports that Holder’s investigators failed to uncover evidence to support civil rights charges.
That’s because the evidence in this case gives Wilson a strong defense. Brown allegedly was coming from the commission of a crime where he appeared to threaten a store clerk. The forensic evidence appears to contradict those who insist that Brown was not shot in a struggle but with his hands in the air. There is evidence that Wilson was injured in a struggle, the gun was discharged in the car and Brown was shot at close quarters leaving blood on the gun. Finally, more than a half-dozen black witnesses reportedly gave testimony supporting Wilson. Other scenarios could explain the evidence, and there is still the question of why so many shots were fired. But those questions might never be answered, a reality of some criminal cases.
The law requires us to deal with facts, and when those facts do not support a criminal charge, prosecution is barred regardless of popular demand.
In the end, it rings hollow to cry “no justice, no peace” when you are rioting or looting. There can be no justice if it is merely the result of demonstrations rather than demonstrated facts. Otherwise, the scales of justice become just one more object to throw through the window of an appliance store.
Jonathan Turley, a law professor at George Washington University and a member of USA TODAY’s Board of Contributors, has represented both protesters and police officers.
November 24, 2014
I am compelled to repeat my comment on the previous thread….
Something that bugs me about the whole Ferguson fandango. It is trivial compared to the riot I lived in and went to work every day in amongst National Guardsmen and the 82nd Airborne from Fort Bragg in 1967. Why you ask? Simple enough…Detroit’s riot was among the most deadly, 42 reported deceased and many others never reported, or even found, or in the river to be discovered in Toledo or Cleveland.
Yet, less than a year later, on 04 April 1968 as much more nationally significant man was murdered in Memphis. No question about the emotional impact on everyone, especially the African Americans. His name was Martin Luther King. Those of us in the city that night expected, certainly, that we’d have another riot, perhaps worse than the first. I left my pistol with the bar maid who had been directed to stay in the saloon she attended to protect what she could. I went home and collected up another sidearm and a shotgun…just as I had during the 1967 riot. I returned to that saloon early in the morning, once I’d secured my home and that of my
And there was no riot. Not even a street corner conflagration.
Therefore, as we await a finding by a Grand Jury I am stunned that riot is anticipated if a finding displeased the mob. I blame the media as well as the outside agitators. I have faced greater and more justified mobs, and the Ferguson episode is an anomaly abetted by those intent on creating in-harmony. Those who want to see riot. It is sick. Would that they could be as well reasoned as those Detroit residents on 04 April 1968. I was am still am proud of those folks, then and now.
Think about it.
I truly hope the same scenario plays out in Ferguson as it did in Detroit that April of 1968.
It is always painfully obvious to me that I’m one of the few people here who socialize w/, and like black folk. The friends I hang w/ ABHOR the Grievance and thug culture. With that said, we do have enough looting photos. The point has been made to those willing to accept the ugly truth about what much of the protest is about. There are some who will not accept the truth, and no number of photos will change that. Indeed, “reparations” is the reply of one such person. Well, it seems these gentlemen in the photos have taken a down payment on their reparations.
The MSM is in Ferguson, fanning the flames. They want violence. Oh, they will tilt their heads pensively and say the right words, but they want a show. They’ll blame the police for the violence, but first they need the visuals. The other Ferguson thread today was more focused. For this blog, this thread is getting a bit vitriolic. I’ve been here long enough that I remember when reparations, white privilege, etc. would have been the themes tonight. The pendulum has certainly swung.
Having worked in the criminal justice system I know just how flawed it is. But, I also understand the criminal culture. I actually have prayed that Ferguson not explode. I pray often. I think I’m in a distinct minority. I see many on both sides on this issue wanting rioting for different reasons. There’s an awful lot of anger here and elsewhere. My overriding emotion is sadness.
Yes. I was captain at one point. That was ….ahem….. a veeery long time ago.
Squeaky/Dust Bunny,
Were either of you on a debate team in college? Debate team – not “Young Americans For Freedom” members.
My husband had a great idea. We need to hire Johnathan Gruber to read the Ferguson decision because the American people are too stupid to understand. I bet he could make it crystal clear to all those people in Ferguson.
Well worth the 100K we would pay him for 10 minutes.
Problem solved.
🙂
@ Squeeky
The option about the belts being on sale make me snort scotch out my nose. That burns.
Germany paid billions to the Jews that were forced to work in slave labor camps – so why shouldn’t we do the same here?
Because it was generations and generations ago, not yesterday.
Because we have had billions of dollars and many many laws passed to rectify the wrongs and to provide support for blacks. After about 10 generations, I think that is probably enough help. Help that doesn’t seem to be all that helpful if you look at the declining quality of black family’s lives.
AND lastly and fore mostly…..Because most of us living have had NO connection to slavery. Zero. Nada. Zip. Or in some cases have relatives who fought to free the slaves and should be THANKED. I do not feel the need to pay money for something that I have had no control over nor any responsibility for.
Want a new Civil War? This is how you get one.
The governor said he called out the national guard to protect all the important places fire and police stations and hospitals, so if you have a business in Ferguson you better buy a AK 47 and go protect your interests
@Bill McW
Uh, the Jews were paid reparations in a relatively close time frame, while some were still alive, or their immediate families. Blacks on the other hand, you are talking about great great great grandpappy’s labor. But I am all for returning any blacks who descended from slaves to Africa, if they wish to go. That would be fair, and legally equitable. It would put them back in a position they would have been in had their ancestors never been shanghaied here. I would support paying their transportation, the moving of their assets, and $5,000 cash or so to allow them to start over. A deal would have to be cut with the various African nations, and frankly, they might not be wanted by some.
My guess is that few Blacks would take the offer, because secretly they are glad that their ancestors got transported here. But, it would be fair to relocate them if they wished.
Squeeky Fromm
Girl Reporter
happypappies – I was curious about that mental health thing from Nixon. What mental health professional in the right mind would be out with rioters?
Paul, here is that link I was talking about earlier
http://linkis.com/www.semissourian.com/HDBRw
The Citizens’ Commission on Compensation for Elected Officials suggested an 8 percent raise for most statewide elected officials — including the governor, attorney general, treasurer, auditor and secretary of state — in fiscal year 2016 and again in 2017.
And he cut the budget on the Mentally Ill, see my comments and others. It is self explanatory. I am sorry but Liberals are stupid when it comes to money.
happypappies – one would have thought he would raised their salaries much higher. You know how they revere the mental health field.
Paul C Schulte – perhaps in a regular scenario of Mental Health being revered but this was regarding children and an overflow agency and Children and Medicaid in particular. That is what made it so special.
Missouri Bureaucrats are special in their Micromanagement. They Mirror the Obamanation
I have finally caught up reading all the comments and I have got to say it was educational. Some, not in a good way. We can only hope for a really cold night in Ferguson tonight.
Mike,
Excellent comment. If the article was more focused on the “why” aspect of stealing cigars or looting stores, would we see many comments about reparations for the slave labor that played a large role in the wealth accumulation of so many American family dynasties – e.g. in Texas, 10% of tax filers take home 50% of income there.
Germany paid billions to the Jews that were forced to work in slave labor camps – so why shouldn’t we do the same here?
Bob was invited to write for FFS. Even though Bob and I had had some serious differences of opinion here at RIL, I welcomed him on board– as did everyone else who writes for the blog. We welcome those with different views. We all think Bob was a great addition to the blog…and we all remain cordial in our correspondences with each other via email.
trooper:
So, to protest racism, looters are stealing from fellow black business owners???
And they should pull their pants up, for God’s sake. A breeze and their pants would be around their ankles, and then they’d really look ridiculous, waddling like penguins. Why do they think they look tough by wearing pants 4 sizes too large? It makes their legs look small and like they can’t dress themselves without their moms.
@Mike Appleton
You are just miffed because the poetry and the graphics make you and others here who are defending the rioters, yea even unto encouraging the rioting mob, look completely silly!
Let’s try another multiple choice question!
Q. Review this picture and choose the best answer from the choices below:
https://tribkcpq.files.wordpress.com/2014/08/ferguson-looting.jpg
1. The young men are protesting the manifest injustices of the American capitalistic system, and the militarism of police forces;
2. They are thugs looting a liquor store;
3. The young men are militant Muslims, who intend to destroy the alcoholic beverages because they are forbidden by Shariah law;
4. The store is running a 75% off sale on belts, which many of the young men are too poor to afford paying full price for.
5. It is Halloween, and the store is offering discounts to customers wearing masks.
Squeeky Fromm
Girl Reporter
Why have I waited, 12 years, and getting no representation, repeatedly
to rectify my second mortgage fraud issue? I paid 26.5 years of
mortgage, and turned over evidence to the Maryland Insurance Administration
as well as the Montgomery County Maryland State’s Attorney Office,
along with the Social Security Administration and the IRS. Nothing,
Absolutely, nothing! I am homeless at age 67 being, honest.
I guess that is my problem.
Let’s see. We have a thoughtful piece on the grand jury deliberations, but without a single comment related to the nature of such deliberations and their role in the justice system. Nor do we have a discussion about justice in America or the history of relations between police departments and black populations.
And what do we have in lieu of reasoned commentary? Well, poetry and prose and visual aids all designed to illustrate for us that old truth that while white people demonstrate with drawn weapons to protect grazing rights on federal lands against tyrannical demands for rent, black people only demonstrate when they see an opportunity to raid the nearest Walmart.
I guess I’ll wander over to Stormfront and find out what they have to say. The level of intellectual depth over there will likely compare favorably with what I’ve seen on this thread. There may even be some swell limericks and catchy graphics.
Sharpton is not a tax evader. He is merely tardy.
N>S>
Do you actually believe what you write, or are you a volunteer propagandist for the Tea Part?
“Apparently it’s racist to show photographic evidence of looting. Liberals care not about evidence. They want to lynch a cop and want to enable looting. Perfect.
@NickS
Speaking of certain other places, I still haven’t seen the propaganda experts there weigh in on Gruber yet. How in the world could any propaganda expert not jump on that story??? It couldn’t be because Gruber was working for the Democrats could it??? I mean, aren’t propaganda experts supposed to be focused on the lying, no matter who does it??? I am not being a naif am I???
Squeeky Fromm
Girl Reporter
May I suggest that everyone take a timeout until the announcement? Neither side has perfect knowledge of the event, and won’t have until all the information is released.