Category Archives: Law enforcement

America finally has its long-awaited mug shot

From the Fulton County Sheriff’s Office

Well, here it is.

Note that after the NYT reported that his cohorts were smiling brightly in theirs, Trump rejected that sissy notion, opting to go full surly thug. By comparison, Al Capone was Mr. Sunshine.

No orange jumpsuit, but a mug shot.

See what I meant about Trump knowing how to upstage a dumb ol’ debate?

Some really worthwhile recent podcasts

podcast

The news I just got on my phone reminds me of something I meant to share a few days back.

The news is that a cop — actually, now former cop, Brett Hankison — has been indicted in the killing of Breonna Taylor in Louisville.

And it reminds me of some podcasts of “The Daily” that I meant to recommend earlier, but forgot.

Most directly, it reminds me of the two-part series the NYT podcast did on “The Killing of Breonna Taylor” on Sept. 9 and 10. Here’s the first part, and here’s the second.

It was really educational. It started with the recording of an incident that happened long before Ms. Taylor’s death, which actually led to the changes in Louisville police procedures that eventually led to the raid that killed her.

It provided a reality-based understanding of what happened. It was horrific, but also contained all the complex texture of real life. You had the fact that this kind of policing was actually based on “reforms” from what had gone before. You were appalled at the bad intel upon which the raid was based. You were as shocked as the cops were when it turned out her boyfriend (who they didn’t know was there) had a gun, and he fired it and nearly killed the first cop in the door by hitting him in the femoral artery. You felt the fear that caused the boyfriend to shoot, and the cops’ panic as they turned their attention from their initial purpose to getting an ambulance to the scene.

And you mourned the shocking tragedy of this young woman’s unnecessary death.

And, when Hankison was indicted today, you had the background to think, “Well, if one person was going to be indicted, he was the one.” (That is, if he’s the one — and the sketchy reports I’m reading indicate he was — who, in the podcast, was described as stepping away from the apartment entrance during the confusion and firing wildly at the apartment and a neighboring apartment, through the walls and windows. That guy was fired back in June, if my memory serves.)

The podcast gave insights that exceed the simplicity of the black-and-white demands of protesters, or of idiot presidents who criticize those who protest.

Anyway, I recommend it, if you can get past the paywall (I’m not sure how that works with podcasts; I’m a subscriber).

And I also recommend one from a couple of days earlier, which was less depressing — even uplifting — but also ultimately distressing.

It was called “Who Replaces Me?” It was the story, told in his own words, of a veteran black cop from Flint, Mich. You learn of his background as a kid who grew up with a father in prison, determined to be whatever his father was not. You hear about him becoming a cop, and amazing his trainers out on patrol, because on every call, he knows and understands the people on the scene.

You hear about him being the guy who intervened when white cops weren’t giving any basic human consideration to black suspects. You hear the stories of when he has “given out his cellphone number, driven students to prom and provided food and money to those who were hungry.” You hear his quiet pride at the service he provides to his community.

And then you hear of his dismay and disillusionment at such events as the killing of George Floyd. It’s the voice of a guy who finds himself contemplating retirement, but wondering, “Who Replaces Me?”

It’s the story of a hero — the real kind, not the cartoon sort. The kind of guy whose narrative doesn’t fit easily into the narratives of left or right.

Anyway, if you can, I recommend listening to that, too…

 

 

 

Isn’t this a procedural problem, rather than ‘bias?’

algorithm

So I listened to The Daily yesterday, which I nearly always enjoy, but it seemed a bit… off to me. But interesting.

It was a detailed telling of the story about the innocent man in the Detroit area who got arrested because facial recognition software misidentified him as having been the guy who had stolen some watches from a store.

I’ve heard about this guy several times over the last few months, and each time the story has been brought up, it has been in the context of demonstrating that the use of facial recognition by the cops is highly problematic — and unfair to minorities, since the algorithms used in this country are way better at recognizing white men.

But is that really the case? After having listened to the story, I’m thinking the problem here is not that it’s bad or unfair technology, but that the cops used it improperly. I mean, they really screwed up here. But that would seem to call for better procedure, not abandoning the tool.

No doubt about it, what happened to Robert Williams was a nightmare. And inexcusable.

Cops came out of nowhere to arrest this guy on the basis of nothing but an erroneous digital identification. The software was SO bad that when they had him in interrogation and showed him the photo that was supposedly him, he held it to his face and “What you think, all black men look alike?” And the cops, to their credit, saw that it wasn’t him, and let him go.

But this was after he had spent the night in jail. It was after he had been disrespected, and cuffed, in front of his children at his home. It was after a cop told his wife that “we assume you’re his baby mama…”

It was gross. It was all kinds of cringe-worthy, and this man will carry around the humiliation of the experience for life. And it all happened because they had zeroed in on this man based on nothing but the facial recognition that was based on

But here’s the thing. The podcast started out by saying “In what may be the first known case of its kind, a faulty facial recognition match led to a Michigan man’s arrest for a crime he did not commit.”

So, it’s only happened once? That we know of, of course…

There’s probably a reason it’s a rare occurrence. As the NYT’s Kashmir Hill explains, the police use the technology because they “feel that face recognition is just too valuable a tool in their tool set to solve crimes. And their defense is that they never arrest somebody based on facial recognition alone, that facial recognition is only what they call an investigative lead. It doesn’t supply probable cause for arrest.”

So… it’s like hearing a name from a snitch or something. Or getting an anonymous tip on the phone. It’s a reason to look at somebody, but not a reason to arrest him.

What happened here, it seems, is that the cops grossly violated the rules, and made a lazy, unjustified arrest of an innocent man. Which you don’t have to have facial recognition to do. You just have to be a bad cop. You don’t need special equipment, you can base a false arrest on all sorts of sloppy police work.

In Williams’ case, the cops didn’t even go see the suspect to see if he looked anything like the picture. They called him on the phone, and when he refused to come in (reasonably assuming it was a crank call), they sent a patrol car to arrest him.

Seems to me having the software as a tool could be very helpful, as long as it’s used as a lead, and not as cause for arrest. The way it was in this one case.

This podcast kept referring to the “bias” involved. But isn’t the problem less one of “bias,” and more one of not following rules? Wouldn’t adhering faithfully to those rules eliminate the problem with using this tool?

I suspect some of my libertarian friends will disagree. But I’d like to hear the reasons…

Like with those cop stories the other day, I urge everyone to listen to the podcast, or at least read the transcript, before commenting…

A couple of interesting pieces about cops

cop1

I’ve almost cleared out all that email. I have five items left in my In box, and three of them were notes I sent myself to remind me to write about something. I’m going to go ahead and share two of them now…

In the last week or so, I’ve run across a couple of really interesting pieces about cops in America today.

Both are well-researched, and full of nuances. And you know I like me some nuances. It’s one reason I’m never terribly enthusiastic about protests in the street, even when I agree with the cause — to the extent that the “cause” can be boiled down to a yes-or-no question, which they almost never can, which is why you don’t see me march in the street, generally speaking. Whether you’re a protester or a counter-protester, it’s just not a medium for communicating nuances.

Anyway, the first piece was in The Washington Post last weekend. The headline says “The worst-case scenario,” which is kind of an exaggeration, like a sign at a protest or counter-protest, but the story goes far beyond that. But anyone must admit the scenario is not good, as the subhed elaborates: “Converging in a tense section of Huntsville: A white police officer fresh from de-escalation training, a troubled black woman with a gun, and a crowd with cellphones ready to record.”

Actually, if I remember correctly, a lot of people were recording; it’s just nothing went viral because the thing ended calmly, more or less. I’m not saying it ended great, because the factors contributing to the situation were pretty horrific, but thank God nobody got killed.

I’m debating with myself whether to try to describe the story that was told here in 4,500 words. I think I’ll let you read it if you’re interested, and then we can talk about it. Like a book club. I think it would be a better conversation if everybody knew what happened, and what was going on in everybody’s life. So that everyone can get over any tendency to think in either Donald Trump terms or “defund the police” terms. Because neither of those ways of looking at things come remotely close to describing these people’s lives, and the tragedies that led to this mess.

Anyway, the other story is from The New Yorker, headlined “How Police Unions Fight Reform.” The subhed is “Activists insist that police departments must change. For half a century, New York City’s P.B.A. has successfully resisted such demands.”

This should be the hypothetical place where Black Lives Matter people ought to be able to agree with law-and-order folk: Police unions get in the way of holding police forces accountable — at least in some parts of the country, especially in New York.

But of course the left and right have their own established positions on this. And in the interests of full disclosure, I’ll remind y’all that I don’t even believe public-employee unions should exist — there should not be power structures interfering with public servants’ accountability to the people.

But this piece (about 7,400 words) is another one that reminds us that reality resists fitting neatly into any of our own pat explanations for the world. For instance… police unions, historically, haven’t fit into the same framework as the rest of the American labor movement — for a number of reasons, a big one being that cops have so often been the people who cracked the skulls of union organizers back in the day.

Which means that police unions are… culturally different. They have more of an insular nature, more of an attitude of “Nobody cares but our brothers in blue.”

Anyway, whatever you conclude from it, it’s an interesting piece. I recommend it, and the other one. And if anyone reads them both, I’d be interested in what you think…

cop2

Yeah, this headline and subhed are different from the ones I quoted above. That’s because this image is from my iPad app. If you click on the link above, you get the other versions…

Not a thing you expect to see happen in Columbia

A police car burns in downtown Columbia.

A police car burns in downtown Columbia.

Two weeks ago, my church started having live masses again. I continued to watch them online, but they were happening. Now, they’ve been stopped again — by a curfew, in response to violence.

I didn’t post about this yesterday, because I was hoping to know a lot more if I waited. I still can’t say I know a lot. Local media seem to be trying hard, but there are more questions than answers.

So I’m still where I was when I saw the first reports of violence and gunshots near the police station downtown. My reaction then was, Hold on. Something is really, really off here. Things like this don’t happen in Columbia.

And they don’t. Normally, public demonstrations — particularly those having to do with issues touching on racial tension — are very much in the dignified, MLK tradition of civil witness. I’ve certainly been to plenty of them, with regard to the flag and other matters. And there are certain things you expect — things that make you proud to live in a community such as this one.

Columbia has a long tradition of this. In the early and mid-’60s, both black and white leaders in the community looked around the country, and they began talking to each other to try to get us through desegregation without the strife seen elsewhere. This was harder than it looks from today’s perspective. There was no venue for such conversations — black and white folks coming together as equals — to take place. Then-president Tom Jones offered to let them meet on campus at USC. These conversations led, among other things, to a relatively peaceful desegregation of downtown businesses.

Out of those conversations grew the Greater Columbia Community Relations Council, whose board I felt honored to serve on for several years (until just a few months ago). We didn’t accomplish anything so dramatic during my time, but the spirit that those meetings in the ’60s represented — let’s get together and figure out how to solve this — seemed reflected in how we talked about difficult issues in Columbia.

Even when horrible, evil things happened in South Carolina — such as the murders of those nine good people in Charleston in 2015 — I remember seeing comments from people wondering why South Carolina didn’t explode violently the way other places had with less provocation. Instead, leaders came together to mourn, and then to take action, together, to get rid of the flag. Yep, all they did was something that should have been done decades earlier — which means that yes, we still have plenty to be ashamed of in South Carolina — but they did it.

So when I saw that there would be a demonstration in Columbia about the death of George Floyd, I figured it would be a demonstration that would show other places how this kind of thing is done — sober witness, a sharing of grief, an airing of frustration that would demand respect.

And, from what I have heard, that’s what happened. There was such a demonstration at the State House.

But then later, several blocks away, all hell broke loose. Violence. Police cars — and a U.S. flag — set on fire. Rocks thrown. Shots fired. Fifteen cops injured. It’s probably happened before, but I can’t remember when one cop has been injured in a riot in Columbia. Certainly nothing like this.

I’m not seeing these comments in the paper this morning, but yesterday I kept hearing from family members (as y’all know, I’m not much of a TV news watcher) that local leaders such as Mayor Steve Benjamin and Sheriff Leon Lott were saying (if you can help me with a link, it would be appreciated) the violence was the work of people from out of town.

In other words, their reaction sounds like it was the same as mine: Things like this don’t happen in Columbia.

Mind you, these are leaders who themselves had expressed their outrage at what happened to George Floyd. But they weren’t going to let people tear this town apart with pointless violence.

In Columbia, people protest. But they do it in a civilized manner, as we saw at the State House.

This was something else. And thus far, local officials are reacting appropriately to calm things down: Honoring those who express their grief and concerns in a rational manner. Stopping those who do things that don’t help any cause.

There’s a lot more to be done, locally and especially nationally. There are a lot of conversations to be had, and action to be taken. But for a community that’s unaccustomed to this kind of violence, we seem to be responding to it pretty well so far…

Rep. Hart underlines silliness of the ‘wall’ nonissue

Here’s a release with a silly headline about a silly bill mocking something equally, you know, silly:

unnamed (2)

I only have one beef with it: I had to show you the release as a picture, rather than copying and pasting text, because it wasn’t sent in a text form.

Which is inconvenient. And irritating. And perhaps silly as well…

As to the merits of the measure that the Democrats are filibustering — I have no idea. Don’t know why Republicans are for it; don’t know why Democrats are against it. Don’t much care. Here’s a Tweet about it; that’s all I’ve got:

Caskey strips out stupidest part of sanctuary cities bill

Micah Caskey selling his amendment in the House./@TigerMuniSC

Rep. Micah Caskey selling his amendment in the House./@TigerMuniSC

Yesterday afternoon I ran into my representative, Micah Caskey, on my afternoon walk, and asked what he’d been up to on such a fine Wednesday.

He was glad to tell me, as he’d had a good day doing worthwhile work for us all. He told me briefly about it, and followed up with more info today.

You know about Henry McMaster’s stupid Sanctuary Cities bill, the pointless solution to a non-existent problem. We have no Sanctuary Cities in South Carolina, a fact that no one disputes — but in order to pander to the Trump crowd, the governor would force South Carolina municipalities to file a bunch of red tape proving they’re not sanctuary cities, or lose state funding upon which they rely.

So Micah got the House to amend the bill to strip out the reporting requirements. You see, Sanctuary Cities are already against the law in South Carolina. Micah’s amendment would allow the state attorney general to take legal action against any municipalities suspected of the heinous crime of being nice to illegal aliens. (Currently, only a resident of the relevant municipality can can file a lawsuit to enjoin the city from adopting such policies.)

Micah did a nice job selling his amendment, bringing along this Powerpoint presentation to explain the actual facts of the situation, and what he proposed to do.

So basically, he managed to strip out the stupidest part of a stupid bill, minimizing the damage of what he termed the Incremental Growth of South Carolina Government Act.

Here’s how he summed up the change:

Original Bill

  • Paperwork shuffle (ICR)
  • Grows government
  • Adds to SLED workload
  • No due process
  • Violators lose LGF

Caskey Amendment

  • Empowers AG to enforce
  • Due process ensured
  • Protects rule of law
  • Violators lose LGF

“LGF” means “Local Government Fund.” “ICR” means “Immigration Compliance Report.”

Nice job, Micah. This is a good case of, as you put it in your presentation, “Common Sense Trumping Politics.”

Cayce chief’s Facebook post

EDITOR’S NOTE: I’m not going to take this down for now, because if I did, the post correcting it would make no sense. But for the record: The chief wasn’t talking about Meg Kinnard at all. Mayor Elise Partin thought he was, and reached out to me to tell me about it, which led to this erroneous report….

Earlier today, I got a Facebook message from Cayce Mayor Elise Partin, asking the following: “Brad, have you seen the FB post by our chief? I just saw your post about the reporter. Wanted to make sure you had both sides.”

I had not seen it, and at first I had some trouble finding it. But the mayor, on her way into a council meeting, called me back and told me where to find it — on the city’s public safety Facebook page (I had looked on hers, and the city’s, and the public safety chief’s personal page).

Here’s his essay, which I urge you to go read in its entirety. Here are the sections that caused the mayor to reach out to me:

These types of incidents are very dangerous and must be controlled quickly and effectively. The goal is to “Control the Chaos” by stabilizing the scene and caring for the victims. In order to do this, certain procedures and rules must be put into place. This includes procedures for the media to be able to have access to the information they need for their stories….

Cayce Chief Byron Snellgrove

Cayce police chief Byron Snellgrove

Again I feel that this incident ran very smoothly with so many entities involved and cooperating with each other. There are, however, a couple of tweets going out by a reporter about one of my staff making them leave the shelter and school district property. Let me make this very clear. The story is true! They were asked to leave because they were not abiding by the procedures that were put in place and were clearly explained to them and all the other media personnel that were at that location. By not staying within the boundaries that were outlined by my staff they were obstructing the flow of the operations at the shelter. They even attempted to get on a bus and do interviews with victims as they were leaving the shelter which slowed the process of the victims and their families getting where they needed to go. We received complaints on them from District 2 staff, victim’s families and even the bus driver of the bus that they attempted to gain access to. The procedures were made clear to them and they did not follow those procedures and when asked to stop they became aggressive with a school district official. They were, therefore, asked to leave.

I stated before that incidents like these are handled by “Controlling the Chaos”. Any disruption to this “Controlled Chaos” jeopardizes the operation and the care that the victims receive. I feel that cooperation between all agencies and emergency personnel in South Carolina is better than it has ever been and the way this accident was handled is proof of that. I feel the same way about our cooperation with the media. I respect the job they do and the fact that the media must sometimes be aggressive in getting the information they need for their story, however, ambush reporting and working outside of the boundaries and procedures that are put in place for an incident of this magnitude is simply unacceptable. So yes, they were asked to leave and I take full responsibility for the actions of my staff and, in this case, completely agree with them.

It may seem to some that the media outlets and Public Safety Agencies are often at odds with each other when it comes to information flow, however, it has been my experience that this is not the case and difficulties like these are rare. I would actually like to thank the media for the great coverage that they gave this major incident and for the needed information access that they provided to the public….

So there you have it. Frankly, I don’t think of this (or many things) in terms of “both sides.” There are lots of “sides,” multiple perspectives, on any event. I certainly didn’t see my earlier post featuring Meg’s video as one-sided, even though it was from her POV. I thought a fair-minded person could look at that video and feels sorry for Mr. Hinton trying to do his job while being chewed out by an angry reporter, just as much as a person who’s been there and done that (which I have, which of course colors my perspective) could identify with Meg’s frustration in trying to do her job. I think both of those things were true.

And I value the POV of the chief as well, and appreciate his presentation of his difference with Meg’s version within the context of an appreciation that the media folks there had a hard job to do, too.

Photo from Meg Kinnard's Twitter page.

Photo from Meg Kinnard’s Twitter page.

Rhonda, the submachine-gunner (talkin’ about the girl)

OK, this is my second attempt in as many days to get some Warren Zevon going.

This was pretty much a failure yesterday, drawing only one “favorite” on Twitter. Of course, it was about Flynn:

And if you don’t get it, here’s the song.

Today, I was sort of bowled over by this picture, with this story in The Washington Post:

imrs.php

With her Nordic beauty — the icy blue eyes and the blonde pigtails — and of course her automatic weapon slung across her belly, she seemed the perfect female counterpart of Roland the Thompson Gunner, Norway’s bravest son. Except, you know, she has a head.

Yeah, I know “submachine” doesn’t work as a substitute for “Thompson” — it doesn’t scan right, or the metre’s wrong, or something. (I’ve long ago forgotten exactly what those terms mean, although I remember that “outfielder” is a dactyl. That’s not from school, though; it’s from Herman Wouk’s novel City Boy.) In any case, too many syllables.

Go ahead, sneer at my poetry. I just thought I’d share. And I hope that Boris Roessler and the European Pressphoto Agency don’t mind my showing you their photo of the lovely, well-armed cop…

Did Comey just do MORE harm to Clinton (and the country)?

I like this screenshot, because among other things it shows you just how little time is left before voting as this story breaks.

I like this screenshot, because among other things it shows you just how little time was left before voting.

So did James Comey on Sunday lift the cloud that was hurting Hillary Clinton’s chances to win the election Tuesday?

I suspect not. In fact, he may have done more harm than good. Why? Because I think she gets hurt every time her emails get mentioned, period.

Everyone recalls his big announcement over the summer when he said the FBI had found nothing worth filing charges over. But I also recall what happened a couple of days before that, on the Saturday that the FBI had one last interview with Sec. Clinton before Comey’s announcement.

The effect was, to me, quite weird. Word of the interview came on Saturday, July 2. I remember marveling at all the bulletins I was getting about it on my phone. The reaction seemed excessive, since we knew nothing except that she had been interviewed. I wondered even more when news analysis over the next couple of days was all about how this new hurt her campaign. The Washington Post‘s take at the time:

Hillary Clinton’s weekend interview with the FBI stands as a perfect symbol of what is probably her biggest liability heading into the fall election: A lot of people say they don’t trust her.

Clinton sat for an interview of more than three hours as part of a Justice Department investigation into the privately owned email system she operated off the books when she was secretary of state. The timing — less than three weeks before she will claim the Democratic presidential nomination — is an attempt to make the best of a situation that would look bad for any candidate but is particularly damaging for Clinton.

That the interview at FBI headquarters was voluntary does not expunge the whiff of suspicion surrounding the entire email affair that, for many voters, confirms a long-held view that Clinton shades the truth or plays by her own rules….

I thought that rather weird at the time. Then, of course, on July 5 — mere seconds after I had posted about how odd it was, Comey had his long “no charges” presser. Which sorta kinda relieved a lot of Democrats (he had a lot of critical things to say, too) and infuriated Republicans.

Fast-forward to Comey’s announcement 10 days ago that the FBI was looking at some more emails. Enormous damage was done to the Clinton candidacy, with her dropping in polls, infuriating Democrats and cheering up Trump supporters. And yet — think about this — there was no substance whatsoever in the announcement. There was no indication that there would be anything in the new emails that would reflect badly on the former secretary.

But was, undeniably, bad for her nevertheless.

My theory is this: We long ago passed a point at which any sentence that contains “Hillary Clinton” and “emails” is, in the collective mind of the electorate, a bad thing. And with good reason — she shouldn’t have set up the private server to begin with.

But it’s also a sort of mushy bad thing, without clear lines demarcating “good” and “bad,” so that even if the full sentence is “Hillary Clinton’s emails contain nothing incriminating,” the less detail-oriented parts of our brains still go “bad” at hearing the first three words together.

So it is that her candidacy was harmed when Comey brought up the words again 10 days ago, even without any information letting us know whether the news was indeed bad.

And, I suspect, it was harmed again yesterday when Comey essentially said, “There’s still nothing incriminating in Hillary Clinton’s emails.” As far as the political effect is concerned, we all heard only the last three words.

Here’s what I mean: I doubt the news tipped many people from planning to vote for Trump to planning to vote for Clinton. Or even from staying home, or voting third-party, to voting for Clinton.

But it once again infuriated the Republican base — including, I suspect, a lot of Republicans who were reluctant to vote for Trump, but who now are freshly reminded of how much they despise Hillary Clinton. They were kind of coasting along there experiencing various degrees of satisfaction from 10 days ago, and then BAM! — they’re outraged. Which can’t be good for her.

Please tell me I’m wrong…

 

What IS the deal with Comey?

This business of the FBI director’s letter last week has a lot of puzzling aspects that we could discuss.

james-comey

Comey’s official FBI portrait. I almost don’t recognize him, smiling.

I almost did a post yesterday based on a couple of headlines out there, one of which was this: “Did FBI Director James Comey’s Email Announcement Break The Law?” To that, I could only say, Who cares? What if it did? Sure he could be prosecuted, fined, jailed, whatever — it wouldn’t affect what he has done to this election, whatever that is. The damage can’t be undone. If his actions result in the election of Donald Trump as president of the United States, keelhauling him might make a lot of us feel avenged, but it wouldn’t save the country.

Another headline — which I can’t seem to find now — said he may have a report on what is found in the new emails before the election. To which I could only say, whoop-te-frickin’-do. When would that be? Election eve? So if the news is detrimental to Hillary Clinton, or merely leaves a cloud over her, that could be the finishing stroke. And if it clears her of any further culpability, Republicans will charge to the polls in a fine lather, willing even to vote for Trump to express their ire.

There’s a lot more this morning. I was intrigued by an interview I heard on public radio this morning with Donald Ayer, deputy U.S. attorney general under Presidents Ronald Reagan and George H.W. Bush between 1989 and 1990. He made a fascinating point. He said that when Comey had his announcement/speech back in the summer, everybody kind of went, OK, so Hillary did some irresponsible stuff, but it didn’t rise to the level of being prosecutable. Republicans were outraged and Democrats relieved, but everyone went on with their lives.

And, Mr. Ayer said, no one stopped to think just how wildly inappropriate it was for someone with prosecutorial power to make a lengthy speech about the merits of a case he was deciding not to prosecute.

Anyway, the point was that that error set up this one. Having told Congress and tout le monde that he was done investigating and there was nothing to prosecute, he felt honor-bound to say last week, Uh, fellas, I found something else we need to take a look at….

(Being bound by honor is a very fine thing and all too rare these days. But I confess I’m on the verge of losing patience with Mr. Comey’s delicate sensibilities…)

So now we have this situation in which everybody’s mad at him — Democrats for possibly throwing the election to Trump, and Republicans for not telling us all right now just how much these emails damn Hillary.

Here’s another interesting wrinkle: “Comey was concerned publicly blaming Russia for hacks of Democrats could appear too political in run-up to elections.”

Yeah, right? He had his excuses for why he was concerned about the FBI’s purity in that case and not this one (and you should read the story), but still…

Finally… As y’all know, Bret Stephens, deputy editorial page editor of The Wall Street Journal, has written some extraordinary columns lately damning Trump and all-but-endorsing Hillary. Today, he had one simply headlined, “Resign, Mr. Comey.” An excerpt:

These aren’t partisan acts. They are self-regarding ones. Mr. Comey is a familiar Washington type—the putative saint—whose career is a study in reputation management. He went after investment banker Frank Quattrone. He threatened to resign from the Bush administration over its warrantless wiretap program. He vouchsafed the case against Steven J. Hatfill, the virologist accused of the 2001 anthrax mail attacks, in internal White House deliberations. He appointed his close friend Patrick Fitzgerald to investigate the leak of CIA analyst Valerie Plame’s name.

One common thread in these cases is that Mr. Comey was always on the right side of Beltway conventional wisdom. The second is that he was consistently on the wrong side of justice….

FBI directors are supposed to be above politics, not in them. President Obama has the authority to fire Mr. Comey but will be hard-pressed to do so politically. That goes double if Mrs. Clinton is elected. Who knows what a President Trump would do.

All the more reason for Mr. Comey to do the right thing. He has lost the trust of his political masters, his congressional overseers and the American people. Wanting to spend more time with family is the usual excuse.

Mr. Stephens is understandably ticked.

One wonders where Mr. Comey’s conscience will take us next. Although what it’s done so far is quite enough…

 

The Hamlet routine: to press or not to press (charges)

None of these is actually my mailbox; I just needed art to go with this...

None of these is actually my mailbox; I just needed art to go with this…

Monday morning, my wife asked me if I’d done anything with our mailbox at the house — put anything in, taken anything out, whatever. No, I hadn’t. She said she’d come home mid-morning and found it open. And two pieces of mail she had placed in it Sunday afternoon, both containing checks to pay bills, were missing.

So we speculated that maybe the postal worker had come freakishly early or something — J vaguely recalled having seen the mail truck in the neighborhood on Sunday and wondering what it was doing — and made plans to contact the folks to whom the checks were mailed to make sure they arrived.

Then, a couple of hours later, I got a call from our credit union, with whom we have that checking account. Someone we had never heard of had just been in their Irmo office trying to cash a check from us for $680.42.

One of the checks we were mailing was for $130.42. Think about it.

While I can see how someone made that change, I still don’t know how anyone managed to change what was in the TO space. The check was to Lexington County, to pay a vehicle tax, and the name it had been changed to wasn’t even close.

Anyway, the credit union refused to cash it, the person left with the check, and the teller — who remembered us from when she worked in the West Columbia branch — called me.

So since the thieves have my account number and routing number, I ran over to the main office and had the account closed.

That was just the start. We had to change a couple of direct deposits, and some automatic payments — Netflix and the like. There were the two probably-stolen checks, and an earlier payment that hadn’t gone through, so we’d have to get with all those folks and arrange to pay another way.

Yeah, I know. You’re wondering why we were putting checks into our mailbox. A lot of people have asked that the last couple of days, accompanied by “Didn’t you know…?” No, we didn’t. While everyone and his brother is mentioning it now, no one had ever mentioned it to us before — and we’d gone our entire lives without anything being stolen from our mailbox. To our knowledge.

And like most of you, we don’t send out many checks anymore, usually doing electronic transfers. But that doesn’t always work out. Rest assured, if we send out checks henceforth, we’ll follow Moscow Rules — maybe changing vehicles two or three times on the way to an official U.S. gummint mailbox.

Next step, police reports. We live in the county, so I called the sheriff’s office and gave the details over the phone. Separately — since a separate crime was attempted in that jurisdiction — the credit union contacted the Irmo PD.

Which led to a bit of a dilemma for me.

Tuesday morning, the Irmo policeman who’d taken the report called me to ask whether we wanted to press charges. Not that there was a suspect in custody or anything — the police wanted to know whether they would have a case (whether we would testify that we never wrote a check to the person in question, for instance) before devoting resources to it.

I sympathized. The police need to prioritize, I understand. But being asked this question caused me concern on two fronts, having to do with opinions I’ve long held and expressed:

  • I’m all for looking out for crime victims, but I am adamantly opposed to them making decisions about prosecution. You’ll hear people say that “The victim’s family should decide” whether to pursue the death penalty in murder cases, for instance. That’s an outrageous suggestion in my book. We don’t have police and courts to act as agents of personal vengeance for individuals. Our laws against murder and passing bad checks exist because we, as a society, don’t think people should be allowed to kill other people or steal from them — such things are disruptive to civilization. (This is related to my oft-stated opposition to abortion on demand — to me, it’s a violation of the ideal of a nation of laws and not of men to have the one most interested person on the planet have absolute power over life and death.)
  • As y’all know, I don’t think we need to be locking up people who commit nonviolent crimes. Many if not most of the women in prison, from what I’ve heard in the past, are there for trying to pass bad checks. Don’t know if that’s still true, but that’s what I used to hear.

Add to that the fact that aside from being greatly inconvenienced, I had lost nothing, thanks to the smart actions of the teller who refused to cash the check (I told her supervisor she should get a gold star for that). The credit union wasn’t out anything, either — aside from time spent on this.

So I dithered. I asked the officer if I could call him back, and promised to do so by the end of the day.

I polled people about it, and everyone I talked to said of course you want them to prosecute. Still, I did the Hamlet routine — to press or not to press?

I finally decided that I had no choice, for the simple fact that it wasn’t about us, even though it felt like it. Whoever had stolen the checks, and whoever tried to pass the forged one (which could be more than one person), might do it again. For all I know, the person or people in question might do this all the time.

And that needed to be stopped, if possible. It wasn’t about what had or hadn’t been done to us; it was about protecting the rest of society. If we didn’t follow through, additional crimes might occur. If we didn’t proceed, the social contract would fray a bit more.

You know me — once I had it framed in my mind in communitarian terms, I called the officer and asked him to proceed.

If anything else interesting happens, I’ll keep y’all posted…

By the way, what would y’all have done (I mean, besides not putting the checks in the mailbox to start with)?

‘A bidness doin’ pleasure:’ Cindi on how Ron Cobb changed us

I hope y’all saw Cindi Scoppe’s column today on how the late Rob Cobb, the most infamous lobbyist in South Carolina history, changed our state:

I DIDN’T KNOW Ron Cobb back when he was buying up a tenth of our Legislature for the FBI.

Didn’t even recognize his picture when FBI agents subpoenaed campaign disclosure reports for all 170 legislators, and legislators and fellow lobbyists started whispering that Mr. Cobb was somehow involved in what would come to be known as Operation Lost Trust.

In fact, while I would learn and write a lot about the cigar-chomping lobbyist who hummed his signature “It’s a bidness doing pleasure with you” while the hidden video camera recorded him counting out crisp $100 bills for legislators who promised to support his horse-gambling bill, I didn’t actually meet him until five years later…

He certainly had a big impact on Cindi and me. We did some of our best work ever chasing the Lost Trust story. Before it was over, Cindi herself had gone to jail, and I had spent a year explaining everything that was wrong with government in South Carolina. Our coverage of the scandal, and my “Power Failure” series, played a big role in my becoming editorial page editor later.

All because of Ron Cobb buying votes and wheeling and dealing from his room in the former Townhouse, just yards from where I now sit. That hotel is undergoing a huge renovation, much as our political life did as a result of Cobb’s actions:

Our news department launched a yearlong examination of how the Legislative State produced not only corruption but a hapless government that answered to no one, and pushed along by that “Power Failure” series, Lost Trust and Gov. Carroll Campbell, the Legislature voted two years later to hand a third of the government over to the governor.scoppeonline3-2x2tighter-2-2x2tighter-2

Lawmakers unleashed the powerful State Grand Jury to investigate political corruption cases. They passed a reporter shield law after a judge ordered me and three other reporters held in federal custody for two days for refusing to testify in one of the trials. And voters elected a target of an earlier vote-buying scandal to fill an open Senate seat in the middle of all this, lawmakers amended the constitution to bar felons from holding office until 15 years after they completed their sentences.

There are still a lot of problems with the way our government operates — the Legislature still holds far too much power over state and local agencies, too many agencies still effectively answer to no one, the ethics law even after this year’s improvements remains far short of what it should be.

But those reforms did a lot of good. And Ron Cobb paved the way for every one of them.

Oh, and speaking of Warthenesque writing… I also appreciated this column because its style was more like my own than Cindi’s. Finally, it seems, I’ve rubbed off on her.

Cindi has always been very task-oriented. When she goes into an interview, she’s all business. When she writes a column or editorial, she intends to accomplish this and this and this, and she lays out her arguments in a perfectly disciplined form.

My own way of approaching interviews or writing has always been like the method Dirk Gently, Douglas Adams’ Holistic Detective, employed whenever he got lost: “My own strategy is to find a car, or the nearest equivalent, which looks as if it knows where it’s going and follow it. I rarely end up where I was intending to go, but often I end up somewhere I needed to be.”

I loved this digression into purely superfluous detail:

It was June 26, 1995, and I was working on a “where are they now” package of news articles for the upcoming five-year anniversary of Lost Trust becoming public. We met near the interstate, and I followed him to his townhouse overlooking the 10th hole of one of Greenville’s premier golf courses.

Longtime girlfriend-turned-wife Shelley was there to greet us, and they showed off their rooftop garden, where Ron was growing tomatoes and cucumbers, and the Stairmaster he said he used for 10 to 15 minutes every day after work, and he talked about how his values had changed since his career as a lobbyist ended. Of course we also talked about Lost Trust and the Legislature and what he thought had and hadn’t changed, and Shelley talked as much as Ron did.

I don’t remember all those details; I got them from reviewing my notes from our lengthy visit. The only clear memories I have of that rarefied encounter are the rooftop and Bella — the cat who kept running toward the wall and hurling herself into it. Ron and Shelley laughed each time, and assured me the cat was fine, that she just did that for attention….

Kathryn on problems in university neighborhood

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Kathryn Fenner wins the prize. I’m not sure what the prize is, but she wins it for being quoted prominently in a front-page news story headlined: “Naked college students push neighbors to breaking point.”

This is something to which I’m sure many of you have aspired, but Kathryn got there first.

But let’s shove our envy aside and soberly consider what she had to say about the problems in her neighborhood:

Aside from calling the cops and filing reports, residents like Kathryn Fenner would like to see the continued expansion of police patrols.

“USC police have extended their patrol area to include University Hill,” Fenner said. “When they started doing that, we noticed that things got a whole lot better in our neighborhood.”

Plus, she has learned that students fear the university’s disciplinary board, which if used aggressively, could help curb bad behavior by off-campus students. USC shouldn’t be so desperate to keep students that they’re willing to put up with appalling behavior, Fenner said.

Fenner said she also worries that if someday she wants to move, she’ll have to sell her home to a future landlord. It would take a special kind of person to live in her neighborhood, she said.

“You’re losing some of the in-town residents,” Fenner said. “There are people who have just had it.”…

Which the story points out is bad because the more resident homeowners who leave, the more rentals available to unruly, and possibly naked, students.

Speaking of which — the story’s opening anecdote reminds me of the situation my wife and I ran into in the area several years ago.

Anyway, it sound like USC is onto something with the patrols in the residential area. What else do y’all think should happen?

The SC Supreme Court sides with Pascoe against Wilson

Wilson, flanked by ex-AGs Charlie Condon and Henry McMaster, during his raging presser back in March.

Wilson, flanked by ex-AGs Charlie Condon and Henry McMaster, during his raging presser back in March.

Which surprises me. I haven’t read the decision yet, but John Monk’s story doesn’t explain how the court got around the fact that you can’t call a statewide grand jury without the attorney general.

All it says is that the court has essentially ruled that, for the sake of this investigation, Pascoe is the attorney general. Huh, seems like that would surprise those involved in writing the state constitution. But hey, they’re the experts, not me.

An excerpt:

The S.C. Supreme Court ruled Wednesday that Attorney General Alan Wilson can’t stop his special prosecutor, David Pascoe, from investigating possible corruption in the General Assembly.IMG_david_pascoe

Although Wilson tried to stop Pascoe – and apparently halted Pascoe’s investigation several months ago – the Supreme Court made it clear in its Wednesday ruling that Wilson acted unlawfully in trying to keep Pascoe from continuing his probe. Pascoe was working with SLED on the investigation.

“…the Attorney General’s Office’s purported termination of Pascoe’s designation was not valid,” the Supreme Court ruled in a 4-1 opinion.

The Supreme Court’s decision means that Pascoe now is the effective acting Attorney General for the purpose of Pascoe’s General Assembly investigation – and Wilson can’t stop him from proceeding….

The Court seems to have essentially sided with the popular narrative that Alan Wilson was trying to stop an investigation into his political buddies — which I know a lot of folks accept as gospel, but which I don’t believe for a second. It seemed to me that Pascoe acted outside the law in trying to call the jury on his own — something that Wilson made it clear he was ready and willing to do for him.

Of course, Wilson didn’t do himself any good with that raging press conference — but that wouldn’t seem to change the law, just his political image.

But maybe the court ‘splained it in a way that negates my concerns. We’ll see…

Dallas chief talking about the jobs cops have to do

I saved this yesterday from The Wall Street Journal and forgot to share. I thought it was good:

From Dallas Police Chief David Brown at a July 11 press conference:

We’re asking cops to do too much in this country. We are. We just ask of us to do too much. download (8)Every societal failure, we put it off on the cops to solve. Not enough mental-health funding. Let the cop handle it. Not enough drug-addiction funding. Let’s give it to the cops. Here in Dallas, we got a loose-dog problem. Let’s have the cops chase loose dogs. Schools fail, give it to the cops. Seventy percent of the African American community is being raised by single women. Let’s give it to the cops to solve that as well. That’s too much to ask. Policing was never meant to solve all those problems, and I just ask for other parts of our democracy, along with the free press, to help us. . . .

Serve your communities. Don’t be a part of the problem. We’re hiring. We’re hiring. Get off that protest line and put an application in. And we’ll put you in your neighborhood, and we will help you resolve some of the problems you’re protesting about.

OK, now THIS was news: FBI chief recommends ‘no charges’ on Clinton email

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Seconds after I posted wonder why the chattering classes went ape over Hillary Clinton’s weekend interview with the FBI, actual news was made on that front.

Here’s how I characterized what FBI Director James B. Comey had to say:

We’ll continue to argue over her judgment in setting up and using the private server. We will rightly be concerned over the potential for hostile governments and private actors to have obtained access to classified material, thanks to her carelessness.

But there will almost certainly be no indictment, unless federal prosecutors completely disregard the recommendation of the FBI.

Which could happen, but which seems unlikely.

I’m guessing that those pundits who said the FBI interview was part of a terrible week for Clinton will now be touting this as a big win. And this time, they’ll be right.

Explain to me how FBI interview exacerbated Hillary’s problem

On the way to the beach Saturday, I had my phone off my hip, plugged into the car and sitting perched on the ashtray pulled out from the dashboard. My wife, who insists on continuing to use a flip phone and is not accustomed to such distractions, kept picking it up to look at it when a tone would announce a news alert.

There were some bulletin-worthy items, such as the death of Elie Wiesel and the arrest of Columbia City Councilman Moe Baddourah on domestic violence charges. But one puzzled her:

FBI

Why, she wondered, was that interesting enough to bother people with? I couldn’t really answer that, since I thought the same thing. It was a turn of the screw in an ongoing process, very much dog-bites-man. Maybe you take note of it in the course of the day’s news; it might even have its own headline. But even in this bulletin-mad era we lived in, it was hardly worth asking people to stop what they’re doing to read about it.

Others seemed to disagree. In fact, it was treated like some major blow to the Clinton campaign, on a level with Bill “It’s All About Me” Clinton’s idiotic tête-à-tête with the attorney general.

As The Washington Post said,

Hillary Clinton’s weekend interview with the FBI stands as a perfect symbol of what is probably her biggest liability heading into the fall election: A lot of people say they don’t trust her.

Clinton sat for an interview of more than three hours as part of a Justice Department investigation into the privately owned email system she operated off the books when she was secretary of state. The timing — less than three weeks before she will claim the Democratic presidential nomination — is an attempt to make the best of a situation that would look bad for any candidate but is particularly damaging for Clinton.

That the interview at FBI headquarters was voluntary does not expunge the whiff of suspicion surrounding the entire email affair that, for many voters, confirms a long-held view that Clinton shades the truth or plays by her own rules….

OK, y’all, explain to me why this was a big deal, or any kind of a deal. If she had refused to be interviewed, that would be news. If they interviewed her and learned something new and told us about it, that, too, would be news. But this? How is it more than a take-note-of-in-the-name-of-transparency thing?

We knew the FBI was investigating Hillary’s emails. They’ve been doing so forever. That’s why it was a big deal that Bill chatted with the AG.

The FBI interviews the subjects of investigations. I mean, right? Why wouldn’t they? It’s not like the headline was “FBI interviews Clinton and decides to charge her.” That would definitely be bulletin-worthy, because it would mean that it’s even more likely that a neofascist will occupy the White House. It would be more than news. It would be history. And not the good kind…

Response to Post series from James Flowers

I got this comment over the weekend from James Flowers, Leon Lott’s opponent for the Democratic nomination for Richland County sheriff:

Brad Warthen. You should have reached out to me before writing this article so that you would have actual facts instead of what is written in this article by the civil attorney. First of all, as a SLED agent we investigate CRIMINAL actions. This was a CIVIL deposition. My only purpose is to gather the facts and provide them to the James FlowersSolicitor. What you obviously don’t know is that the Solicitor’s office, the FBI, and the US Attorney’s office reviewed my report and had ZERO issues with the work. The Solicitor’s office made the determination that there was no criminal action on the part of the law enforcement officers not Me or SLED. Also, when 3 certified law enforcement officers that are serving 2 valid warrants have any sort of weapon pointed at them, they should by all means respond with deadly force. A real law enforcement leader stands behind and supports law enforcement officers 100% when they are right. Even if he has to be arrogant to do it. This article is nothing more than a hit piece orchestrated by an overzealous civil attorney who has a different legal standard than law enforcement does in reviewing shootings. I also noticed that you didn’t mention the unflattering second article about your friend Lott. So please do some due diligence prior to your next blog. Thank you. James Flowers.

As it happens, the last person to get on my case for not having contacted him before posting something was… Leon Lott. And he kind of had a point, from his perspective, since the point of the post he called about was to wonder aloud why the sheriff hadn’t done a certain thing. Turns out that he had an answer to the question that he wanted to share.

I will always, always be on the defensive when people say I should have contacted them before posting something. But here’s the thing, folks: This is  a commentary blog, not a primary news source. I read things, and I react to them. And invite you to react to my reactions. On the rare occasions that I have time to go out and cover an event myself, I do so. Look back — you’ll see that’s my M.O. It’s not optimal; I wish I could afford to blog full-time. But WYSIWYG.

As it is, I don’t find time to comment on as many things as I’d like to — not even close to it. I’m very straightforward with you about the basis of my comments, so you can look at what I’m looking at and challenge my conclusions. And your comments, like Mr. Flowers’, get posted as well.

In this case, I spent way more time than I usually spend on a single post because it took so long for me to read that 7,000-word Washington Post article on which it was based. As I said, I’d read that one story and the fourth piece from the series by Radley Balko (more accurately, I skimmed the fourth piece). Now that Mr. Flowers has said Lott looks bad in the second installment of the series, I’ll go read that, and share what I find. I probably won’t have time to read the third piece today, but if you get there ahead of me, please share what you find.

Oh, and I don’t plan to call Leon before sharing what I find in that second installment. The story says what it says, and that’s what I’ll be reacting to — as per usual.

Although if I can find the time later, this subject is interesting enough that I might go above and beyond (in other words, take the kind of time I did back when I got paid to do this) and give both Lott and Flowers a call. But it remains to be seen whether that will be possible between now and next Tuesday’s primary.

Maybe some of my colleagues out there in the community who still get paid to do such reporting will get to it ahead of me. Let’s hope so.

Anyway, I welcome Mr. Flowers to the conversation.

WashPost raises serious questions about SLED probes — and about Lott’s primary opponent, James Flowers

Actually, that’s a bit of an understatement. It raises loud alarms.

I regret that I failed to read any of this series from The Washington Post until our own Jeff Mobley brought it to my attention. I remember seeing a rather lurid headline about law enforcement in SC, noting that the story was very long (more than 7,000 words) and meaning to go back and read it later. I never did.

I should have.

Basically, the series reports that while South Carolina has looked pretty good for investigating officer-involved shootings in the last couple of years, those few cases don’t tell the whole story by a long shot. In fact, this series suggests that our system of having such shootings investigated by SLED (everywhere but in Richland County) looks good in theory, in practice it falls far short of providing a credible check on police.

The series begins with the horrific story of the death of Lori Jean Ellis, a 52-year-old black woman, at the hands of cops in 2008.

There was a lot in police accounts of her killing to raise questions, but none more dramatic than the weapon with which she was supposed to have fired at the officers before they fired back with deadly effect. They reported see a flash and smoke from a weapon that, based on its loud report, could only have been a high-powered rifle.

It was a pellet gun. Which means, for those not hip to such things, that it would not produce smoke, a flash or a bang. And it’s not entirely clear that she fired it at them, or even aimed it at them.

And yet the officers were never questioned about this discrepancy, a lapse that this report suggests is all too common in SLED investigations.

You might think Richland County Sheriff Leon Lott would come out looking pretty bad in these reports, since his department doesn’t even go in for the window-dressing (at least, these reports suggest it’s only window-dressing) of SLED investigations, preferring to handle such shootings internally.

But, at least in the two installments I’ve read so far, is not the case. In fact, in one case, he comes out looking better than others — as the only officer who spoke to the journalist who wrote the series, Radley Balko. (Although his comments dismissing the need for outside investigations didn’t inspire confidence.)

On the other hand, his opponent in this month’s primary looks pretty horrible.

James Flowers was the lead SLED investigator in the shooting of Lori Jean Ellis. And he showed a shocking lack of concern over the discrepancies in the officers’ account. From his deposition in a lawsuit brought by the estate of Ms. Ellis:

Phillips: So did anything prevent you, from the moment that you found out it was a mere BB gun, to say, “I want to go back and talk to this deputy . . .”

Flowers: Nothing prevented me from doing that.

James Flowers

James Flowers

Phillips: Okay. Why didn’t you go back?

Flowers: Because I didn’t feel it necessary.

Phillips: So someone telling you something that you’ve never seen before, that doesn’t compel you to maybe follow up?

Flowers: No. Not in all cases . . .

Phillips:  . . . so if I tell you something that can’t physically happen, you’re just going to take my word for it?

Flowers: See, here’s the thing. As the lead investigator for the state’s premiere law enforcement agency, it is my responsibility to put this case together. After looking at this information, I deemed that it was not necessary to interview that officer again. And that was the decision that I made….

As a police expert interviewed for the series notes,

““The arrogance here is stunning,” Downing says. “This response either reveals Flowers’s incompetence or his bias. Either way, he should not be conducting investigations of officer-involved shootings.”

You should go read the whole thing, or at least that first installment. It’s disturbing.

By the way, there are mentions in the series about legislation to make changes to such procedures in S.C. I’m unclear as I write this as to what happened to that legislation in the session that ended yesterday…