Buffalo Shooting

Image courtesy USA Today

Another heartbreaking mass shooting yesterday at a grocery store in Buffalo New York lies in the intersection of rampant gun violence, racism, white supremacy, and pure evil. While most Americans are not racist fear-mongers a significant portion apparently are. The manifesto written and uploaded to the internet by the shooter references the “replacement theory” that black and brown people will replace white people. This is based on the original theory that “Jews will not replace us” which is an antisemitic trope found in the “Blood and soil “propaganda propagated by Nazi Germany. It is a philosophy based on hate, racism, and white supremacy.  

 Last year, an Associated Press poll found that about a third of American adults believe an effort is afoot to “replace” U.S.-born Americans with immigrants. In addition, roughly 3 in 10 Americans think additional immigration will cause white, Americans to lose their economic, political and cultural influence.

This is dangerous thinking and fuels right-wing extremism that leads to violence. Also, while I am at it, no one in America needs a military-style assault weapon. The damage these weapons do to the human body and the number of people killed in a matter of seconds beggars the imagination. There are too many guns on the streets of America. It is a national health crisis of staggering proportions. Attention must be paid! Every day a person is killed by gun violence on the streets of Louisville, Kentucky where I live. You take your life in your hands when you are out for a walk at night. We need common-sense gun laws now to make our cities safe again.

I Can’t Breathe

According to no less a legal authority than Supreme Court Justice Antonin Scalia, the function of the grand jury is not to inquire upon what foundation the charge may be denied or to otherwise try the suspect’s defenses, but only to examine upon what foundation the charge is being made by the prosecutor. As a consequence, neither in this country or in England has the suspect under investigation by the grand jury ever been thought to have a right to testify or to have exculpatory evidence presented.

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Furthermore, prosecutors work hand in glove with police in prosecuting their cases. They depend on their testimony, their evidence and their cooperation. There is an inherent bias favoring law enforcement by prosecutors. Prosecutors can manipulate the grand jury in any decision they want. Having prosecutors investigate the police is like having the fox guard the hen house.

I would suggest there has been a misuse, indeed an outright abuse of the grand jury system by prosecutors in the Michael Brown and the Eric Garner cases rising to the level of prosecutorial malfeasance. The only reasonable solution to this problem of the investigation police officers who kill unarmed citizens is to appoint a special prosecutor unencumbered by by bias, mutual obligation, and racial animus.