Staff

The U.S. Department of Agriculture’s plan to redress decades of loan discrimination by handing out $4 billion in payments to an estimated 16,000 Black farmers has been thwarted by a group of white farmers who have sued the USDA claiming its reverse discrimination.

Last week, a U.S. District court issued a temporary restraining order on the program—which is funded as part of the American Rescue Plan—as it determines whether or not white farmers are being discriminated against. Further, it was ruled that the federal government had failed to prove that the U.S. Department of Agriculture has discriminated against people of color.

The injunction is the third to result from litigation filed in seven states, including Tennessee, on behalf of white farmers in the past month, according to court records.

In yet another surprise move, in a letter to Secretary of Agriculture Tom Visack, the American Bankers Association, the Independent Community Bankers of America, and the National Rural Lenders Association, threatened to withhold credit from farmers of color if the USDA moved forward with the program.   

The program —initially introduced by Georgia Senator Raphael Warnock— would benefit Black farmers in a way no legislation has since the Civil Rights Act of 1964. In addition to debt relief, the funds would provide other forms of assistance in acquiring land including grants, training and education.

Due to systemic racism, Black farmers in the nation have lost more than 12 million acres of farmland over the past century, and while blacks represented 14% of the nation’s farmers a century ago, they stand at fewer than 2% today.

Justice department lawyers maintain the government can employ race-based exclusions if they are “narrowly tailored” to address a specific wrong and that the USDA initiative for farmers of color meets that constitutional threshold

“Congress considered strong evidence that discriminatory loan practices at USDA have placed minority farmers at a significant disadvantage today: these farmers generally own smaller farms, have disproportionately higher delinquency rates, and are at a significantly higher risk of foreclosure than non-minority farmers,” the lawyers argued.

“Congress found that minority farmers’ diminished position was only made worse by a global pandemic that disproportionately burdened them and the general failure of recent agricultural and pandemic relief to reach them,” the response continued.

The Justice Department will almost surely seek an appeal.

Haitian Americans and immigrants are expressing alarm following the shocking midnight assassination of President Jovenel Moïse and the attack on his wife, first lady Martine Moïse at his home near Port-au-Prince.

According to reports, the president was assassinated at his private residence at around 1am in an assault by unknown gunmen dressed commando-style who spoke English and Spanish; had nine new Nissan pickup trucks; falsely identified themselves as agents of the DEA; and appeared to know the layout of the home. 

First lady Martine Moïse, who survived the attack was said to be stable but in critical condition and at press, had been flown to Miami for treatment.  

“People are being stressed with economic uncertainty, COVID and now this,” said a local Los Angeles man of Haitian descent who for more than two decades has been doing mission work in Haiti at a clinic he helped to build from the ground up. 

“There’s so much political unrest,” he continued. “I’m told they have gangs controlling the roads so it’s not safe and if you’re a foreigner you’re subject to kidnapping. 

“Our people are located in the more remote areas, but in terms of where the urban centers like Port-au-Prince are, there is a lot of concern about what will happen to people. It’s a very bleak outlook.”

“I’m just worried for my family,” said another Haitian immigrant. “I’m unable to reach them and to see what’s happening and to know that it’s a dangerous situation you can do nothing about is difficult. You just don’t know what’s next.”

“We condemn this heinous act,” U.S. President Joe Biden said in a statement. “The United States offers condolences to the people of Haiti, and we stand ready to assist as we continue to work for a safe and secure Haiti.”

Haiti’s Interim Prime Minister Claude Joseph announced the news—while stating that he was now in charge of the country and urged citizens to remain calm. Moise’s assassination has sparked concern for the stabilization of the country already experiencing political unrest. Earlier this year, Haitian security forces arrested nearly two dozen people in a suspected coup attempt. 

Due to the ongoing security situation, the U.S. Embassy was closed and flights in and out of Haiti’s main airport in the capital Port-au-Prince were cancelled or delayed until further notice. U.S. personnel were urged to stay at home.

Moise’s death marks a horrific end to a presidency marked by controversy, bloody protests against his rule, chronic poverty, accusations of corruption and dictatorial governance, escalating gang violence and an alarming surge in murders and kidnappings. Just last month, the U.S. State Department issued a “do not travel” warning to U.S. citizens for Haiti because of risk of kidnapping, crime and civil unrest.

Moise first ran for president in 2015, but following accusations of widespread fraud, his victory was annulled. New elections were delayed for more than one year and the 53-year old former entrepreneur subsequently took office in February 2017, but a dispute ensued over whether or not his term expired in 2021 or 2022 and if his stay in office beyond 2021 was even legal, leading to calls for him to step down.

For the widely unpopular president to postpone elections in the wake of widespread protests only fueled mistrust and contributed to the political turmoil that was engulfing the nation, prompting the UN Security Council, the U.S. and Europe to call for free and transparent legislative and presidential elections to be held by the end of this year.

“I extend my thoughts and prayers to the people of Haiti. The unfortunate assassination of Jovenel Moïse, the president of Haiti, further exacerbates the ongoing political and constitutional crisis plaguing the country,” said Congresswoman Maxine Waters. “Jovenel Moïse had been ruling Haiti by decree, and as of late, I have been very concerned about the increase in violence across the country under his rule. I am hopeful that the United States can be helpful during this critical time by cooperating with the people of Haiti to manage this crisis and assisting them as they try to move forward and establish a just, peaceful, and democratic government.”

The United Nations Security Council is moving to meet quickly to address the assassination in what is being characterized as “a critical moment” in the nation, ranked as the poorest country in the Americas. Joseph has called on the “international community to launch an investigation into the assassination”.

Ironically, while Joseph—who took office in April as Interim Prime Minister—has declared himself to be the acting president, Moise had just days ago announced the appointment of a new prime minister, Ariel Henry, who was scheduled to be sworn in today. Given that no official swearing in took place, it is uncertain who will take over and even greater fears that the fight to replace Moise will cast the nation deeper into crisis.

Already there are reports of armed groups calling for revolution against the system in Haiti. 

It is indeed rare, if not unprecedented, to see a highly diverse group of organizations such as the conserva- tive Alliance Defending Freedom, the liberal American Civil Liberties Union, the libertarian Cato

Institute and the Reason Foundation on the same page as the NAACP Legal Defense and Education Fund on the same issue.

But it is happening as the U.S. Senate takes up police reform. The issue is a legal doctrine known as qualified immunity.

These diverse organizations all agree that qualified immunity is bad law and should end.

The discussion is particularly high-powered today because it stands at the center of police reform that many see is needed in the wake of incidents such as the murder of George Floyd by former police officer Derek Chauvin.

The nation’s first major civil rights law, the Civil Rights Act of 1871, passed shortly after the Civil War, contains a provision known as Section 1983 that protects citizens from violation of their civil rights by government officials. It says that a government official who violates a citizen’s civil rights is liable and can be sued by the injured party.

Thus stood the law, until a series of Supreme Court decisions from 1967 to 1982 reinterpreted its application. A new standard, qualified immunity, was added say- ing that it must be shown that rights were violated per “clearly established law.” That is, there must be a previ- ous case in which rights were violated the exact same
way.

So, if a citizen’s rights are violated but there is no previous case in which rights were violated in exactly that way, there is no protection. The government official is immune from liability.

Although the law applies to violation of a citizen’s civil rights by any government official, the hot button today is
violations by police.

The qualified immunity doctrine makes establishing liability next to impossible, thus removing a serious deterrent against police violating civil rights in their law enforcement activities.

Police leadership and unions argue that qualified immunity is essential for them to do their job. This is a tough and dangerous business, they say, and split-second law enforcement decisions must be made, often under great uncertainty, sometimes with life-and-death impli- cations.

But police officers being able to make deadly decisions, with no sense of personal responsibility and costs, leads to some of the horrors that we are seeing today.

Derek Chauvin had 18 complaints against him before he committed his final deadly act against George Floyd. Had the incident, in all its gory and tragic details, not been captured on video by a young onlooker, the legal out-
come likely would have been much different.

Personal responsibility must be the hallmark in a free country, whether we’re talking about obeying the law or enforcing it. When right and wrong become ambiguous, when personal responsibility becomes ambiguous, we see
the chaos we are witnessing today.

Police officers perform a vital function in our society.
But what does law enforcement mean when law has no meaning? And law has no meaning if officers have free license to violate citizens’ civil rights.

A creative solution has been proposed by the Cato Institute: Require police officers to carry liability insur- ance, like other professionals do. This would provide them the coverage they need. And those who are flagrant violators, like Derek Chauvin, would be priced out of the market.

The only stalwart on the Supreme Court questioning the status quo on qualified immunity has been Clarence Thomas.
Thomas is an originalist – read the law as written – and opposed to judicial activism. He has written that qualified immunity is “the sort of ‘freewheeling policy choice(s)’ that we have previously disclaimed the power to make.”

Thomas has urged the court to take on and review this issue. “I continue to have strong doubts about our … qual- ified immunity doctrine,” he wrote last year.

Policing should be a local issue, not a national one. But civil rights is a national issue, and qualified immunity should be reformed.

Star Parker is president of the Center for Urban Renewal and Education and host of the weekly television show “Cure America with Star Parker.” To find out more about Star Parker and read features by other Creators Syndicate writers and cartoonists, visit the Creators Syndicate web- site at www.creators.com

Staff

As most in the nation applauded the verdict handed down by a Minneapolis jury finding former police officer Derek Chauvin guilty of two counts of murder and one count of manslaughter, one lingering question remains: how will the Chauvin verdict factor in the trial of the three officers also charged in the death of George Floyd last May.

Now free on $750,000 bail, the fates of former officers—Tou Thao, J. Alexander Kueng and Thomas Lane—still hang in the balance. All three were charged with aiding and abetting second-degree murder which carries a maximum sentence of not more than 40 years, and second-degree manslaughter which could result in imprisonment of not more than 10 years or payment of not more than $20,000 or both.

“No doubt the guilty verdicts in the Derek Chauvin trial are bad news for the other three officers,” said L.A.-based civil rights attorney and CNN commentator Areva Martin. “Lang and Keung assisted Chauvin in putting George Floyd in the prone position and restraining him for nearly 10 minutes without providing medical assistance in violation of the department’s policies. Thao stood by in what can best be described as the “lookout.” position while the assault on George Floyd was carried out. The jury has made it clear this conduct is unreasonable excessive force and that the force caused Mr. Floyd’s death. They deemed this conduct murder. This leaves very few, if any, defenses for the remaining three defendants. I expect they are already talking to their lawyers about plea deals.”

Attorney Ricky Ivie of Ivie McNeill Wyatt agreed.

“The handwriting is on the wall. The pathway for how to obtain a conviction has already been established,” Ivie said. “The three officers are charged with aiding and abetting an unintentional murder. Now that the murder has been proven I predict the remaining defendants will make a plea bargain with the prosecution in exchange for a lesser sentence.”

Thao, a seven year veteran, was Chauvin’s partner. Thao stood bay between the crowd and the officers restraining Floyd. While the 35-year old was the only one of the remaining three former officers to have not participated in physically restraining Floyd, he was charged equally.

Thomas Lane was the first officer to approach Floyd, pointing a gun to his head and giving him a profanity laced order to get out of the car before handcuffing him. Lane would later be seen kneeling on—and holding down—his legs. The 38-year old rookie, who at one point was concerned about the possibility of “excited delirium”, is reported to have asked Chauvin if they shouldn’t roll Floyd on his side.

Alexander Kueng, also a rookie—having been on the Minneapolis police force for just a matter of days, kneeled on Floyd’s back for the more than nine minutes. He would subsequently check for a pulse after Floyd lost consciousness, and remark that he didn’t find one.

Kueng, who is bi-racial, was said to have joined the force to change the narrative between police and the Black community. His sister told the New York Times that as a Black man, her brother should have intervened. “I don’t care if it was his third day at work or not,” she said. “He knows right from wrong.”

While all three have been scheduled to stand trial together on August 23, their defenses will hardly be united as revealed in a legal motion by one of the defense attorneys.

“There are very likely going to be antagonistic defenses presented at the trial,” reported a lawyer for Thomas K. Lane. “It is plausible that all officers have a different version of what happened and officers place blame on one another.”

Lawyers for Lane and Keung say that they expressed concerns about Chavin’s actions, but did nothing to stop him even as in accordance with a 2016 Minneapolis police department policy, officers are required to “either stop or attempt to stop another sworn employee when force is being inappropriately applied or is no longer required.”

Antonio Ray Harvey, Bo Tefu & Tanu Henry | California Black Media

“The hard truth,” Gov. Newsom said in an April 20 statement, “is that if George Floyd looked like me, he’d still be alive today.” Newsom made the remark after a Hennepin County jury found Minneapolis police officer Derek Chauvin, 45, guilty in the murder of George Floyd.

The jury convicted Chauvin on two counts of murder, homicide and one of manslaughter, for pinning his knee on the neck of Floyd for nine minutes and 29 seconds on May 25, 2020.

The California governor joined other Golden State officials to speak out about the verdict and the enduring problems of police violence against unarmed citizens, particularly African American suspects.

“No conviction can repair the harm done to George Floyd and his family, but today’s verdict provides some accountability as we work to root out the racial injustice that haunts our society,” the governor continued. “We must continue the work of fighting systemic racism and excessive use of force. It’s why I signed some of the nation’s most progressive police reform legislation into law. I will continue working with community leaders across the state to hear concerns and support peaceful expression.”

Sen. Steve Bradford (D-Gardena), chair of the California Legislative Black Caucus, took to Twitter to comment on the verdict.

“I’m overwhelmed to tears over this verdict: Guilty. #GeorgeFloyd did not have to die that day. His family is still healing from this trauma. We must continue to fight for justice in this country, for all of us,” he tweeted.

Earlier in the day, the California Legislative Black Caucus held a press conference to address police brutality and lethal force by peace officers in California and across the country.

“There may be calls about a crisis. There may be calls about an emergency, but they are not calls intended to initiate death. They are not calls for lethal force. They are calls for issuing de-escalation and resolution.” said Sen. Sydney Kamlager (D-Los Angeles).

Kamlager, along with her colleagues – including Assemblymember Mike Gipson, who Assembly Speaker Anthony Rendon (D-Lakewood) appointed Chair of the Select Committee on Police Reform – for the briefing. They called on their peers to pass the C.R.I.S.I.S. Act, or Assembly Bill (AB) 2054, legislation that proposes that communities rely on social worker be relied on to intervene in some public safety incidents instead of police officers.

The bill was first introduced last year, but it died in committee.

California Secretary of State Dr. Shirley Weber was also attended the CLBC press conference.

“You know it’s really hard after 410 years in this country to continue to raise the same issues over and over again,” Dr. Weber said. “When I look and begin to analyze it, I realize that all we’re asking is to have what everybody else has…to be treated fairly. To be treated as a human being. To be treated just.”

President of the NAACP California-Hawaii Conference, Rick L. Callender, said justice was served in the Chauvin case.

“It was very clear that our very right to breath was on trial,” Callender told California Black Media. “For too long African Americans have been subjected to the knee of injustice choking us out – in so many different ways. This verdict demonstrates that a badge is never a shield for accountability.”

Speaking from San Diego, Shane Harris, founder and president of the People’s Association of Justice, a national civil rights alliance that started in California, said the Floyd verdict represents a starting point for reimagining policing in America through federal legislation.

“The reality is that there is a Derek Chauvin in a police department near you and the question is whether our local, state and federal governments will step up to protect the next George Floyd from being killed in our country,” he said. Chauvin had multiple complaints against him during his career on the Minneapolis Police force, but the city and the department failed to act. We will not have an Attorney General like Keith Ellison in every state going forward to press for justice like he did which is why I call on the U.S. Senate to urgently bring the George Floyd Justice in Policing Act of 2021 to the Senate floor now, pass the legislation and send it to the President’s desk to sign immediately.”

After 12 hours of deliberations – as people across the country and around the globe waited in anticipation – for the jury returned with the verdict that held Chauvin responsible for second-degree unintentional murder, third-degree murder, and second-degree manslaughter.

The jury consisted of six Black or multiracial people along with six White individuals. Chauvin’s attorney requested bail, but the presiding judge revoked their proposal, and he was taken into custody.

Under Minnesota laws, Chauvin could get a sentence of up to 40 years in prison.

California Congresswoman and Speaker of the United States House of Representatives Nancy Pelosi (D-CA-12) drew some criticism on social media for a statement she made regarding the verdict. Her critics chided the Speaker for thanking Floyd for his “sacrifice,” a man who they point out was unwittingly murdered by a police officer.

Standing with members of the Congressional Black Caucus in front of the U.S. Capitol, Pelosi said, “Thank you George Floyd, for sacrificing your life for justice. Because of you and because of thousands, millions of people around the world who came out for justice, your name will always be synonymous with justice,” the Speaker said.

Photo by: Antonio Ray Harvey Assemblymember Mike Gipson (D-LA), Tecoy Porter, President of National Action Network Sacramento, Western Region, Sydney Kamlager (D-Los Angeles), vice-chair of the CLBC, Senator Steven Bradford (D-LA ), chair CLBC, Assemblymember Chris Holden ( D-Pasadena) Assemblymember Kevin McCarty ( D-Sacramento) and Secretary of State Shirley Weber.