Wednesday, October 7, 2020

Tightening The Grip On Anarchist Jurisdictions

 

After Donald Trump's deranged balcony address, we're all gasping together |  Marina Hyde | Opinion | The Guardian
Don't cry for him Argentina
theguardian.com

Hello Everyone:

Blogger is back today, still aghast over Mr. Donald Trump's early release from Walter Reed Hospital.  Yours Truly finds it absolutely hard to believe that someone, anyone, suffering from COVID-19, could be released from the hospital, still ill, after a few days.  Yours Truly can say with some certainty that you cannot recover from the virus that quickly.  It is impossible, even for someone with access to the very best medical care, like the President of The United States.  Blogger can only surmise that Mr. Trump's vehement disdain of illness and germs, coupled with his obsession with projecting the image of a strong, macho man led to his doctors agreeing, albeit grudgingly, to release him from care.  Call it toxic masculinity, Trump the invincible conquerer, or being loaded on remdesivir and dexamethosone, leaving the hospital too early and parading around the White House without a mask eschewing common sense virus prevention protocol is a recipe for disaster.  Alright then, onward

In the "Anarchist Jurisdiction" of New York City, I've Seen a Summer of  Beautiful Anarchy | Teen Vogue
Anarchist Jurisdiction of New York
teenvogue.com

What is an "Anarchist Jurisdiction?"  A jurisdiction where the "Radical Left Wing" and Antifa run amok, terrorizing ordinary citizens?  Where the police and sheriffs departments are cowering in a corner, without the means to put down the angry mobs?  The Department of Justice outlined the criteria for designating an anarchist jurisdiction:

  • Whether a jurisdiction forbids the police force from intervening to restore order amid widespread or sustained violence or destruction.
  • Whether a jurisdiction has withdrawn law enforcement protection from a geographical areas or structure that law enforcement officers are lawfully entitled to access but have been officially prevented from accessing or permitted to access only in exceptional circumstances, except when law enforcement officers are briefly withheld as a tactical decision intended to resolve safely and expeditiously a specific and ongoing incident posing an imminent threat to the safety of individuals or law enforcement officers.
  • Whether a jurisdiction disempowers or defunds police departments
  • Whether a jurisdiction unreasonably refuses to accept officers of law enforcement assistance from the Federal Government.
  • Any other related factions the Attorney General deems appropriate (syracuse.com; Sept. 21, 2020; date accessed Oct. 6, 2020)
    Trump instructs DOJ to classify Democratic cities “anarchist jurisdictions”  to help him win reelection.
    Attorney General William Barr and Mr. Trump
    slate.com

Using these criteria, the American Department of Justice issued a press release on September 22 designating three cities--Portland, Oregon; Seattle, Washington, and New York City, New York-- as "anarchist jurisdictions."  This announcement caught the mayors of the designated cities by surprise.  Seattle Mayor Jenny Durkan issued this statement,

The Trump administration's threats to defund Seattle, Portland, and New York are a gross misuse of federal power and blatantly unlawful,... Trump, the Department of Justice, and Barr's obsession with Seattle and me is irrational and most importantly, a huge distraction (bloomberg.com; Sept. 23, 2020; date access Oct. 6, 2020).

Neither Attorney General William Barr or any DOJ official had been in contact with civic officials prior to the September 22nd press release, to discuss the possibility of withholding federal funds from these cities.  Yet, that is the proverbial Sword of Damocles hanging over Seattle, Portland, and New York City.  The press release was the first step toward fulfilling a memo, signed on September 2nd by the president, that "seeks to review federal funding for any state or local jurisdiction deemed to be permitting anarchist violence" (Ibid), according to, quite frankly, vague guidelines.

The Times editorial board recommends: Jenny Durkan for Seattle mayor | The  Seattle Times
Seattle Mayor Jenny Durken
seattletimes.com
The presidential memo states, "these cities could lose their eligibility for federal funds as early as next week [Sept. 28, 2020]" (Ibid).  The memo asks the director of the Office of Management and Budget to issue guidance within a month's time to the administrators of federal agencies on

...restricting eligibility or otherwise disfavoring

localities named by the administration from receiving federal funds (Ibid).

The Trump administration's arbitrary actions is part of its overall program to punish the Black Lives Matter campaign by penalizing the cities where the protests take place, most of which are led by Democrats.  The White House's bluster has been met with ridicule, confusion, and disbelief, prompting self-professed anarchist to tell Gothamist's Jake Offenhartz,


At stake are billions of federal money that cities desperately need right now for schools, infrastructure, and other functions such as law enforcement.  It is money that could be used to right local economies turned upside down by the COVID-19 pandemic.

Using the power of the purse to force local leaders to bend to its will is not a uniquely Trump thing.  Republican law makers, at all levels of government, are threatening to withhold money from cities, with law enforcement agencies at the heart of it.  One example, in August Texas Governor Greg Abbot "threatened to freeze property taxes for any Texas cities that defund police departments" (bloomberg.com; Sept. 23, 2020).  The proposed legislation "would stifle spending for Texas cities, which are particularly dependent on property taxes and currently face massive budget shortfalls" (Ibid).  Thus far, on the Texas capital city of Austin has moved to defund police; last month the city council voted to divert $150 million from the city's police department toward other community services (bloomberg.com; Sept. 23, 2020).

Steve Adler (politician) - Wikipedia
Austin, Texas Mayor Steve Adler
en.wikipedia.org 

Mayor Adler said at an August 18th press conference,

Any kind of cap that's imposed at the state level on local communities is a problem... I think it takes away fundamental and basic freedom, rights, from local communities to be able to decide what their priorities are in that community (Ibid)

Since then, Texas state Republicans have increased pressure on Austin.  Governor Abbot tweeted on September 3 "that Texas is considering taking over the Austin Police Department entirely"(bloomberg.com; Sept. 23, 2020).  Jolie McCullogh reported in The Texas Tribune, "a separate bill before the next Texas legislature would give the Texas Department of Public Safety the power to consolidate authority over the police of any city with more than 1 million people and fewer than 2 police officers per 1,000" (bloomberg.com; Sept. 23, 2020).  Which describes only one Texas city, Austin.

Florida Republican Governor Ron DeSantis has gone further.  On September 21st, Gov. DeSantis pledged that any jurisdiction that targeted the local police department for defunding would lose its state funding.  He announced the plan as introduced a larger bill that "would attach severe criminal penalties to protest actions deemed disorderly by the state, making it a felony to destroy a statue or monument and setting a mandatory six-month minimum sentence for anyone convicted of striking an officer during an unlawful protest" (bloomberg.com; Sept. 23, 2020).  This bill could come before Florida lawmakers as early as March 2021, when the legislature is set to begin its next session.

National League of Cities - Wikipedia
en.wikipedia.org
Without directly referencing the Republican's diminishing reputation as the the party that prioritizes "local control," the National League of Cities has been quick to note that the administration's campaign is

...in direct violation of the Tenth Amendment of the U.S. Constitution, which gives the states and local government the power of policing to establish and enforce laws protecting the welfare, safety, and health of the public (bloomberg.com; Sept. 23, 2020).

In a letter to the president date September 9th, signed with other NLC officials, Los Angeles City Councilmember and NLC president Joe Buscaino wrote:

When out nation is grappling with the coronavirus pandemic, the economic recession caused by the epidemic, and ongoing protesting of police brutality, instead of working with cities, your memorandum seeks to undermine the very foundation of our federalist system.  Local government leaders will not acquiesce to your efforts to threaten our local authority to police our communities and provide public safety services to our residents (bloomberg.com; Sept. 23, 2020).

Here is the contradiction: "While Republicans are positioning themselves as defenders of police budgets, there's a twist: It's Republicans in the Senate who are making those cuts more likely, by refusing to pass another coronavirus relief bill" (Ibid).  Instead, Senate Republicans have proposed a "skinny" stimulus bill but it contained no new funds for state or local government and went down in the Senate.

Cuts to law enforcement are coming given the severity of the economic damage caused by the pandemic,  This means that African American communities hurt most by over-policing and under-policing stand to face the consequences from the federal government should racial justice protests erupt and consequences from the state government if local authorities try to resolve the issues themselves.  If Congress refuses to do anything, the status quo can do as much damage.



 

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