Ahmaud Arbery: I don’t think there can be justice…

7 January 2022

Ahmaud Arbery

Sentences for the men who hunted down and murdered Ahmaud Arbery were handed down in a Brunswick, Georgia courtroom today.  Two of the men, Greg and Travis McMichael, were sentenced to life without parole plus additional years.  William Bryan was sentenced to life with the possibility of parole and a consecutive number of years.  This means, for Bryan, that after he is eligible for parole in 30 years, this additional sentenced will be added on.

There is no way to celebrate the sentencing of men to prison, but these men participated in a crime so hateful and cruel no other alternative was possible.  It bears remembering, though, that had this case been left in the local jurisdiction, there would have been no trial, no conviction, no sentencing.

The local Glynn County authorities tried their hardest to cover up, gloss over, minimize this case.  The District Attorney at the time, Jackie Johnson, has herself been indicted for the way she handled the case. 

Because of the tenacity of Ahmaud Arbery’s mother and the work of various other civil rights activists, this case not only was brought to trial, but was taken out of the hands of the local authorities.   So many things had to go perfectly for a guilty verdict to have been rendered. 

As a citizen of Glynn County I am still amazed that a nearly all-white jury handed down a guilty verdict.

But, as the prosecutor pointed out, even though the actual chase and killing of Ahmaud Arbery involved minutes, this event was a product of years of preparation.  The men involved spent years festering in a stew of racial hatred, suspicion, and entitlement.  That has not gone away.  It was obvious from the testimony of some of the people in the Satilla Shores neighborhood that they shared the ingrained racism of the defendants.

I do not believe that the case of the District Attorney has been taken out of the hands of local authorities.     

When the Ahmaud Arbery case was first being tried, members of the families of others who had been violently treated by local police (and police pretenders) were present.  The parents of a young woman who had been shot through the windshield of her parked car and killed were present.  The police officers involved were protected and not prosecuted by the office of Jackie Johnson.  There are many other cases handled by the DA’s office that we don’t even know about.

I don’t think there can be justice when a young man is hunted down and shot in the street for nothing more than being in a neighborhood where men are prepared to kill if they cannot intimidate.  We will soon see if this justice extends to the people who tried to cover it up. 

Citizen’s Arrest Laws: Ahmaud Arbery

Blog 21 November 2021: Citizen’s Arrest

This is the text of the Georgia Citizen’s Arrest law that is being used in the defense of the three men who hunted down Ahmaud Arbery and killed him in the street.

“A private person may arrest an offender if the offense is committed in his presence or within his immediate knowledge. If the offense is a felony and the offender is escaping or attempting to escape, a private person may arrest him upon reasonable and probable grounds of suspicion.”

https://law.justia.com/codes/georgia/2010/title-17/chapter-4/article-4/17-4-60/

According to Joseph Margulies, of Cornell University, citizen’s arrest laws date back to before the founding of the country. These laws allowed citizens to detain someone they had seen commit a crime.  The laws were designed for an environment in which there were few police.

The Georgia law, updated since then, was put into effect in 1863 and was designed as a slave catching statute.  Georgia along with other states, primarily in the south, later expanded these laws to cover citizens arresting someone they reasonably suspected of trying to escape from a felony.

This law was only repealed after Ahmaud Arbery was killed.  [1]

The jury will have to decide whether the three men “reasonably suspected” Arbery of committing a felony and trying to escape.    The issue will be whether the predominately white jury thinks that the three white men reasonably believed that Arbery had committed a crime.

Margulies also points out that there is a “stand your ground” law in Georgia which allows the use of deadly force if a person “reasonably believed that they were at risk of serious bodily injury or death.” [2]

NPR Article: https://www.npr.org/2021/10/26/1048398618/what-is-the-citizens-arrest-law-in-the-trial-over-ahmaud-arberys-death

Ira P. Robbins, a law professor at American university who studies these citizen’s arrest laws, wrote: “…a member of the public doesn’t know — and likely cannot understand — the nuances of citizen’s arrest, particularly when it comes to the use of deadly force.” “That’s why it is so dangerous for people to take the law into their own hands.”

In an article in the New York Times, a case in surburban Atlanta is described.  “…Hannah R. Payne, 22, is awaiting trial on murder charges for the shooting death of Kenneth E. Herring, a 62-year-old mechanic who left the scene of a fender bender last May. Ms. Payne, who was not involved in the crash, chased Mr. Herring in her Jeep.”

“Witnesses told police in Clayton County, Ga., that Ms. Payne blocked Mr. Herring’s truck, approached the open driver’s-side window of his vehicle and punched him with her left hand as she pointed a 9-millimeter firearm with her right.”

“A 911 dispatcher told her (Payne) to stand down, but the police said the call recorded Ms. Payne’s demands: “Get out of the car,” she yelled, using a vulgarity. A single shot was fired, and Mr. Herring stepped out of the truck and died.”

Payne was described by her lawyer as an “all-American girl” who “thought she was helping out,” but she is now “facing a long prison term for a killing that shares eerie similarities to the shooting death of Mr. Arbery, who was killed in February after a father and son told the authorities they thought he was the suspect of a rash of recent break-ins in their neighborhood.”

After the refusal of a Wisconsin court to convict Kyle Rittenhouse for taking it on himself to go armed into a situation where he knew he was going to be at risk and put other people at risk, there will be more of these incidents.

People (including women) are bragging on social media about how they will “pop” you if you cross them.  They are proud of this aggressiveness.  Women have adopted this Marjorie Taylor Greene “packing and proud of it” mentality.  One of the neighbors in the Satilla Shores neighborhood where Ahmaud Arbery was killed, testified about usually carrying a gun and running out in the dark in her neighborhood when she thought something was happening.  She even testified that she feared her own husband was going to be shot by the McMichaels one night because the husband was in a vacant house site looking for “intruders.”

These citizen’s arrests laws are dangerous, unconscionable, and completely unnecessary.   


[1] In this article, published by NPR, the killing of Ahmaud Arbery is said to have happened “after a fight broke out in the road…”  A fight did not “break out.”  Three men were pursuing Arbery, cutting him off and positioning themselves so that Arbery was “trapped like a rat” as described by Greg McMichael. 

[2] I do not know if this “stand your ground” law is still in effect.  I think it it.

Ahmaud Arbery: Jury Selection

Blog #5

Jury selection in the trial of the men who killed Ahmaud Arbery is starting this morning. Speculation is that the process may take as much as three weeks.  Over 1,000 people have been called for jury duty which is a much larger pool than is usual in most cases, even in high profile cases like this one.  Attorneys have said that they have never heard of a case where this many potential jurors have been called.  There is speculation that many of the people called will not show up – for legitimate reasons and because they don’t want to take part.

The potential jurors have been asked to fill out a questionnaire.  It is not a long questionnaire especially not in comparison with other trials of this prominence.  Some of the questions are:  Have you seen the video of the shooting in Satilla Shores? How many times have you seen the video.  Have you been to the neighborhood?   Potential jurors will then be asked questions in the courtroom.  Commentators are creating the impression that

Social media posting will be searched for the potential jurors.  Strict rules about how they can access that information.  They cannot sneak onto their social media, but it is generally accepted now that the lawyers are responsible for searching any information that is public.  There will be people who have posted about this case, about the issues related to this case.  A lawyer is saying that she was not going to convict another black man.  She said that she was going to court and would not convict. 

No matter how many times people are told, and how many times they see other defendants’ videos of jailhouse conversations (Casey Anthony), they assume privacy when they post on the internet and talk on the telephone.  It is also difficult for people even if they know they are being taped, to remember this once they get into a conversation. 

One of the issues that was raised in this case was the use of the jailhouse phone conversations of the defendants.  As I previously posted, there are notifications literally beside the phones in jails and prisons informing people that their conversations will be recorded, but people still make those phone calls and conduct those conversations like it was 1950.  The judge in this case, for that reason, turned down a defense motion to exclude all the jailhouse conversations of the defendants. They argued 14th amendment, they even argued for Gregory McMichaels, spousal confidentiality.  But, the judge ruled, once you are informed that you are being recorded and you pick up that phone you make a decision to give up all those rights. 

The host of Court TV today is again repeating the William “Roddie” Bryan.  I have no idea why this middle name is repeated by almost every commentator on television and every print journalist. 

Court TV is doing live coverage of the trial. There are also several interesting interviews with attorneys in the case posted on the site.

Notes: 600 of the called 1,000 potential jurors showed up on Monday 18 October 2021. The court interviewed 8 of them in individual voir dire. One juror was dismissed after stating that he had negative views of Gregory McMichael but evidently not Travis McMichael. The potential juror said that Gregory McMichael appeared to be the “lead dog.”

Like Sharks in Charge of Water Safety: Elie Mystal and the Supreme Court

Elie Mystal, of the Nation Magazine, is a national treasure. 

He is like a breath of fresh air in the middle of the stale, phony, self-serving, power and celebrity worshiping hosts and commentators appearing regularly on corporate news.

One, just one of the reasons I love him is that he rolls his eyes on national television.  Another reason I love him is that he tells the truth and talks like a regular person.  He doesn’t use ten words with one will do, and he doesn’t surround every statement he makes with a boat load of qualifying phrases.  

He rolls his eyes, he tells the truth, he doesn’t obfuscate because (unlike almost every other person appearing on corporate news) he is not afraid.

The right is not afraid of stealing Supreme Court seats, lying, cheating, rigging elections, subverting justice and a whole host of other things.  The center, however, is a culture of people who are afraid.  They are afraid to see the truth right in front of their faces, afraid to confront depressing and distressing facts, afraid of the very possibility of offending somebody, afraid of being inconvenienced, afraid of not perhaps, maybe not getting some job they haven’t even thought of yet.

I spent almost a decade out of the country.  When I returned, I was astounded to hear a student tell me she couldn’t take an internship at World Wildlife (World Wildlife, not the Communist Party) because she might someday want to apply for a job with the State Department.  This is who we have become.  The right, the Republican party is fighting 24-hours-a-day to establish a Christo-fascist authoritarian government and those in the center are afraid of their shadows.

On Thursday, Nicolle Wallace, MSNBC, spent an entire segment of her program listening to people lionize the members of the January 6 Commission for considering, considering referring Steven Bannon to the Justice Department for criminal contempt.  But, as Eli Mystal pointed out on CNN this morning, the whole process of the referrals to the Justice Department is nothing but theatre.

What every news program and every host should have been pointing out is that the Committee has (but is not using) the right of inherent contempt.  Using this right, the Congress can jail people who don’t abide by subpoenas until they do abide.  They don’t have to refer the matter to the Justice Department and wait for Biden’s (wimp noodle) hatchet man, Merrick Garland to act. 

In addition, inherent contempt means that people like Bannon will be jailed and stay jailed until they provide the information that was subpoenaed.  Going down the criminal contempt path and referring to the Justice Department, assuming Garland will prosecute  (which he will not) and assuming a conviction, only punishes the offender for not cooperating.  It does not secure the information needed. 

So, the House Commission investigating the coup attempt should be shamed and criticized for not taking the path designed to get the information we need.  Instead, they are heralded as heroes, patriots, courageous public servants.  The Nicolle Wallace program last night became a virtual campaign ad for Benie Thompson and the other members.  Not once, did Wallace or any of the members of the panel she assembled tell the American people that what the Commission was doing was a sleight of hand maneuver to look like they were doing something and not doing it.

Similarly, the Commission Biden appointed to study the Supreme Court expansion was “designed to fail.”  As Mystal wrote in April when the commission was formed: “Biden’s choices confirm the worst fears court reformers had about the president: He doesn’t want a solution; he wants an excuse to do nothing.”

Quoting from Eli Mystal’s article IN APRIL:

“Instead of creating a commission of high-minded reformers or bare-knuckle politicos, Biden has created the quintessential government committee that is purposefully designed to accomplish nothing. The “Commission on the Supreme Court” isn’t even allowed to make policy recommendations on what to do about the Supreme Court. It is merely supposed to “study” the issue, which is like hiring a chef to draw pictures of food instead of cooking a meal. When Republicans take power, they don’t commission a book report on what they should do with the courts. They show up to Washington prepared to reshape the judiciary from day one. Biden showed up prepared to read a law review article.”

“Perhaps even more troubling, instead of balancing some of the center-left people on the commission with more, or any, outspoken advocates of court reform, Biden went the other way and put Federalist Society scholars and judges in there to drag the whole thing to the right. I cannot recall the last time a Republican president bothered even to consult a Democratic voice, never mind a genuinely left voice, on how to proceed with a matter related to the Supreme Court. But Democrats continue to act like they need a hall pass from Republicans before they take any action.”

Their inclusion—again, at the expense of some of the individuals who have been actively fighting these people and their conservative takeover of the courts—is insulting.

It’s also a giant waste of time. Donald Trump appointed 226 fire-breathing conservative judges to the federal bench in just four years; we are 20 months away from a midterm election during which Democrats might lose their tenuous grip on power; yet Biden’s committee on studying whether we should maybe, possibly try to fix the court will spend 180 days dickering with Federalist Society people about what Thomas Jefferson would do.”

This report did exactly what it was intended to do, provide cover for Biden who doesn’t have the stomach to expand the Supreme Court (or get rid of the filibuster for that matter).  As Mystal pointed out, the commission itself was composed of people who make their living arguing before the Supreme Court.  Appointing a commission like that is like appointing the sharks to supervise water safety.

In addition, the commission had nothing to say, nothing, about ethics and the Supreme Court.  The Supreme court is the only judicial body in the country with absolutely no ethics regulations.  There is no requirement for members of the Supreme Court to recuse themselves from cases in which they might have an interest.  There is nothing to prevent the wife of a sitting Supreme court Justice to participate in a coup attempt to overthrow the government.  Ethics complaints filed against Bret Kavanaugh were summarily buried after his appointment to the Supreme Court. 

But, the Biden administration, so widely hailed on corporate news spins its wheels, claims the high ground and does nothing.

Sources:

Eli Mystal

Ahmaud Arbery Trial: Glynn County, Georgia

Ahmaud Arbery

Blog #3

Case of Police Violence

Gregory McMichael was an investigator for the DA’s office for more than 20 years and was a Glynn County police officer for seven years before that.  He retired in May of 2019. 

When Gregory McMichaels saw a young man jogging past his house, he called to his son.  They immediately armed themselves, jumped in a pick up truck, and drove after Arbery.  They cut him off in the street with their truck and the truck of a neighbor who (of couse) saw the chase and joined in. They shot and killed Arbery in the street.

Three men, saw a black man jogging past their houses, armed themselves and gave chase.  Defense attorneys plan to argue that information Arbery was on probation should be admitted to the trial because that information explains why Arbery ran from the men.

First, Arbery was already running.  He was jogging.  He wasn’t in the beginning running FROM anybody.  Second, the fact that he kept running and did not stop does not necessarily mean he was running FROM the three men.  Third, Arbery had no obligation to stop running because someone ordered him to.  Even if you concede that Arbery was running FROM the men at some point in the chase, what of it?  I am a 71 year old white woman and I would have run from three white men (two of them armed) in pick up trucks who were driving after me and trying to cut me off when I was walking down a residential street. Third, none of these men could have known that Arbery was on probation, and even if they did, they had no right to stop him. 

Greg McMichaels has agued that he thought Arbery was a man who had burglarized a house in the area that was under construction.  But the owner of the house had access to all the video from the site.  The owner did not phone the police or become concerned about anything he saw on the videos.  So, who does Greg McMichaels think he is to try to hold a man even if he entered the house site?  Second, there is video of various people walking in and out of the house site.  Why is Arbery considered different from the other people (white) who entered the construction site?  Third, McMichaels has provided no evidence to demonstrate why he thought Arbery was one of the people on the video tape who had entered the house.   

It is obvious that Gregory McMichaels still considered himself active law enforcement, able to chase, stop and detain other people at will. And, also McMichaels also thought he was perfectly within his rights to arm himself and chase down another human being. None of the men saw Arbery commit any crime. They saw a black man in a predominately white neighborhood and assumed he had committed a crime. They armed themselves and hunted him down and killed him in the street.

A GBI investigator testified that Travis McMichaels used the N word in the conversation that occurred with the police officers who arrived on the scene of Arbery’s killing.  

Federalist Society Justice: Chris Hedges Interviews Steven Donziger

If you want a glimpse of what the legal system is already looking like under the reign of the Republicans and the Federalist Society, listen to this podcast where Chris Hedges interviews Steven Donziger “the human rights environmental justice attorney, about the grim reality when we confront the real centers of power.Donziger has been fighting polluting American oil companies for nearly three decades on behalf of indigenous communities and peasant farmers in Ecuador, and has been under house arrest in Manhattan for nearly two years. He went on trial in federal court in New York two weeks ago on contempt of court charges, which could see him jailed for six months, for appealing the demand to hand over his computer, cellphone, and other electronic devices to the court, a violation, he argues, of attorney-client privilege. No attorney without a criminal record in federal court has ever before been detained pretrial for a misdemeanor offense.”

YouTube channel: On Contact

People somehow believe that the authoritarian take over of the government will not affect them, that their lives will go on as usual. This is not the case. Increasingly, Republican ideologues are being appointed to the courts. They have no interest in law, reason, or justice. They have interest in power.

In this instance, the courts are persecuting an attorney for daring to confront the criminal behavior of a corporation. Federalist schooled Republican judges are using the criminal justice system to make sure that other attorneys realize that if they go after those in power, they risk their careers, their families and their livelihoods. This case is designed to send a message.

YouTube channel: On Contact

the buzz of white privilege: ahmaud arbery

AHMAUD ARBERY

BLOG #3

On a Sunday afternoon, February 23, 2020, a retired police investigator, Greg McMichael, 64, sees a young black man, Ahmaud Arbery, 25, jogging down the street past McMichael’s house. As it has been described, McMichael goes on “high alert.”  He calls out to his son Travis McMichael who also lives in the neighborhood, grabs his 357 Magnum and runs to his white pick up truck.  Travis McMichael grabs a 12-gage shotgun and jumps into the driver’s seat. 

Arbery is jogging down the street with no cell phone, no weapon, wearing jogging clothes.

The two men, the McMichaels, later claimed that they were on high alert because they recognized the young man.  They (with amazing rapidity) formed a self-appointed posse to hunt the young man down.

Ahmaud Arbery was a jogger.  He had jogged in the Satilla Shores neighborhood before.  In fact, this was part of the reason the two men (joined by another) pursued him.  The McMichaels claimed that Arbery had been observed on video tape, entering a house in the area which was under construction.

The owner of the house under construction had set up the video equipment and had also viewed the tapes.  Nothing he saw on the tapes alarmed him.  There was a curious white couple who entered the house, a group of white young people who carted off  pieces of wood.  Arbery has also been filmed wandering around the house and leaving without disturbing anything.  The owner didn’t call 911.  He didn’t even notify the authorities.

But, evidently, there was a buzz in the neighborhood about trespassers.  I would be willing to bet my bottom dollar this buzz wasn’t about the white couple, or the white kids who stole from the site.  It was about a young black man daring to act like any number of other people fulfilling their curiosity about the new construction. 

This is the kind of “buzz” that leads to two white men arming themselves in a matter of minutes and hunting down a young black man on the street.  This is the kind of “buzz” that gins up hyper vigilance for men who see themselves as protectors of white privilege.  It makes them feel special, like heros, like warriors.  They love it.

And, they thought they were perfectly justified in arming themselves, jumping into a truck and pursuing another human being, cutting off his escape and murdering him in the street.

essential podasts: ahmaud arbery. “I just need to know what he was doing wrong.”

https://www.wabe.org/shows/buried-truths/

On a Sunday afternoon, February 23, 2020, Ahmaud Arbery jogged through a neighborhood in Glynn County, Georgia.  He had jogged in the neighborhood before.

But, this jog ended with a retired police investigator and his son, Greg and Travis McMichaels, jumping into their pick up truck and pursuing Arbery.  They shot Arbery in the street and killed him.

For nearly three months, the police, prosecutors, and press DID NOTHING.  Only when a video of the killing surfaced on social media was national attention focused on the case and the total lack of action about the murder. 

Another man in the Satilla shores neighborhood phoned 911 about Arbery jogging.  After a few seconds, the caller said: “He’s running now” referring to Arbery.  The 911 operator asked:    “What is he doing?”  Then, she asked: “I just need to know what he was doing wrong.” 

Every citizen of this country needs to listen to the podcast about the murder of Ahmaud Arbery based on an investigation conducted by members of Emory University.

“I just need to know what he was doing wrong.” 

ON POINT WITH RENATO MARIOTTI: MATT GAETZ

CORPORATE NEWS IS NOT WORTH YOUR TIME

Former federal prosecutor Renato Mariotti talks about the possible prosecution of Matt Gaetz.

Notes on the Podcast

  • Gaetz has finally hired an attorney and stopped running his mouth so publicy.
  • Gaetz is trying to act like Trump in response to the investigation.  The big difference is that Trump controlled the Justice Department, Gaeta does not.
  • There is no accountability.  We are still waiting for Trump to be indicted.
  • Barr did fantastic job misleading the pubic about Trump’s collusion with the Russians. 
  • Gaetz thinks he can talk his way out of this.
  • Gaetz’s girlfriend is the daughter of a big donor.
  • Greenberg was the tax collector in Seminole County.  He created a website slandering his political opposition as a pedophile.
  • This person, went to authorities which led to an investigation of Greenberg.
  • The investigation uncovered evidence of an identity theft scheme, making drivers licenses for women he is meeting on a Sugar Daddy website. 
  • Then, the investigation led to uncovering his interactions with an underage girl who had been interacting with Matt Gaetz.
  • Politico reported that a few days before Greenberg was indicted, he texted all his buddies that they had better lawyer up.  This text provided the feds a list of witnesses.
  • They don’t need to prove Gaetz knew her age.
  • There’s the sex trafficking statute (Commercial Sex Act) they can prosecute him under.  This involves transporting underage person for commercial sex.
  • They would argue that this wasn’t commercial sex.
  • Gaeta has a very good lawyer. 
  • Gaetz is sending payments to Greenberg and Greenberg is distributing the money.  Greenberg can testify about the purpose of the payments. 
  • Greenberg can tell the story of the criminal activity.

https://tunein.com/podcasts/News–Politics-Podcasts/On-Topic-with-Renato-Mariotti-p1151906/?topicId=162380555

ESSENTIAL READING: Eli Mystal and the Chauvin trial

If you don’t do anything else today, read this article about the legal underpinnings of the Chauvin trial.

https://www.thenation.com/article/society/chauvin-supreme-court/