The Secret Darkness of Grand Juries

LAUREN C. REGAN

ferguson-michaelBrownFamily reacts
Lesley McSpadden (wearing sunglasses), the mother of Michael Brown, reacts as she listens to the announcement of the grand jury’s decision in Ferguson, Mo., on Monday. The panel found there was no probable cause to indict police Officer Darren Wilson in the shooting death of Brown. 


 

[dropcap]O[/dropcap]ver the last 17 years I have represented dozens and dozens of clients who were subpoenaed to testify as witnesses at State and Federal Grand Juries regarding government investigations. A grand jury is a secret tribunal where a citizen is forced to answer questions by a prosecutor, often against their will. They are not allowed to have an attorney in the grand jury room to advise them while the questioning takes place. There is no Judge in the grand jury room to oversee the fairness or legitimacy of the proceedings. The prosecutor alone determines what evidence will be provided to the grand jurors, and that alone forms the basis of their deliberations and their determination regarding whether a felony indictment will issue. The prosecutor becomes the grand jurors’ friend: he controls their bathroom breaks, meals, and whether they can return to their work, families, and lives. The prosecutor, a politically elected position, works very closely with police every day and generally exhibits bias toward police as a result of this familiar relationship. The prosecutor holds enormous power over the outcome of a grand jury proceeding.

As a lawyer for a subpoenaed witness, the primary concern is whether our client may incriminate itself by providing testimony to the grand jury. Because the grand jury is this secret process, the answer to this question is almost always yes, there is a possibility that this person could be compelled to testify and give information that might lead to criminal charges against that person. In these cases, the witness is advised that they must assert their Fifth Amendment right to remain silent so there is no chance they will incriminate themselves of a crime. The only way that the prosecutor can overcome the Fifth Amendment right of a person is to impose immunity from any potential prosecution upon the subpoenaed person. If immunity is thrust upon the witness, their Fifth Amendment right is taken away from them and they are forced to testify. But, by providing immunity, the State acknowledges that they are no longer allowed to prosecute the witness for any crime related to the testimony sought.

St. Louis County Prosecuting Attorney Robert McCulloch: a bizarre explanation

St. Louis County Prosecuting Attorney Robert McCulloch: a bizarre explanation

It is with this background and understanding that I have been very suspicious about the recent grand jury proceedings regarding Darren Wilson, the police officer who murdered 18-year-old Michael Brown in Ferguson, Missouri. If a person was being investigated for murder, would they (in their right mind) voluntarily waive their Fifth Amendment rights and testify to a grand jury without immunity or some other type of agreement with the State that would assure the suspect officer that their testimony would not be used to prosecute them for one of the most serious felony crimes that exists in this country? If such a deal was not struck in the secrecy of the grand jury process, one would expect that the powerful police union or Wilson’s own lawyers would have asserted his Fifth Amendment right. Because the prosecutor totally controls the questions asked and evidence provided to the grand jury, it was not surprising that as always, the State guaranteed the result they wanted—the police officer would get away with murder again.

Sure, the State felt compelled to hold a grand jury investigation given the public outrage and attention this police murder garnered around the world. And sure, inviting Darren Wilson to give a speech to the grand jury proclaiming his innocence and victimization gave some semblance that the State was undertaking a “real” investigation into the murder. Lauding the service of the grand jurors is a nice distraction as well, but of course it is not the jurors’ fault that the grand jury system is broken. If the jurors are only allowed to touch the trunk and tail in total darkness, it might be hard to see the elephant in the room

And so, another cop killing never even sees the light of a court room, but instead lurks in the secret darkness of the biased grand jury room.

This scenario has played out too many times in the United States. Marginalized human (whether black, mentally ill, poor, etc.) is shot and killed by a law enforcement officer sworn to uphold the law and protect community safety. The Community reacts with horror, fear and anger at the murder of a victim they know or can relate to. The State provides some window dressing as if they were truly interested in whether this person—one of the few that has the lawful power to kill people under extreme circumstances—acted in conformance with the law. Despite the growing number of cop killings that occur in this country, it is suspect that the State’s conclusion is overwhelming in favor of exonerating the actions of the police officer and affirming the right of the officer to punish a person with death. The community responds in outrage. Protests and direct action have become the only way people can vent the rage and resentment against a broken system of justice. This public outrage then becomes further justification for increased State repression upon these communities—militarized police, National Guard troops, and the jailing of community leaders. The community often becomes torn and divided between those who cannot remain contrite in the face of such injustice, those who remain obedient to the tenants of Ghandian civil disobedience, and those whose privilege allows them to simply bury their heads in the sand.

Another young black man is dead. Another cop killer remains employed to protect and serve (sic) the community he has destroyed. A broken system is perpetuated without discussion about what might replace it. Instead of just replaying this same devastating tragedy, perhaps ‘we the people’ should be coming up with a societal solution that could earn the respect of the people.


Lauren Regan is the founder and executive director of the Civil Liberties Defense Center (CLDC). Ms. Regan operates a public interest law firm, The Justice Law Group, specializing in constitutional law, civil rights, and criminal defense. She is a founding board member and past president of the Cascadia Wildlands. She also serves as a Lane County Teen Court judge, Oregon State Bar Leadership Fellow, National Lawyers Guild, Eugene co-chair, and volunteers hundreds of hours a year to various progressive causes.


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Former Philadelphia Police Captain Ray Lewis Explains Why He’s Standing With Protesters In Ferguson

 | By  Posted: 11/25/2014 11:28 pm EST  Updated: 11/26/2014 9:59 am EST 


 NOTE: WE INCLUDE VIDEO CLIP OF CAPT. LEWIS EXPLAINING HIS ACTIONS. 

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Retired Captain Ray Lewis of the Philadelphia Police department holds a sign outside the Ferguson Police Department in Ferguson, Missouri, on November 24, 2014 during a rally protesting the death of 18-year-old unarmed black teenager Michael Brown. (Credit: Michael B. Thomas/AFP/Getty Images)


[dropcap]A [/dropcap]former Philadelphia police officer says that he’s standing with protesters in Ferguson, Missouri to send a message that police are oppressing the majority of Americans.

“Number one, I want to give the residents of Ferguson the knowledge that there are some police that do support them,” Ray Lewis, a former Philadelphia Police captain told Al Jazeera. “I want to try and get a message to mainstream America that that this system is corrupt, that police really are oppressing not only the black community, but also the whites,” he said.



“It’s an oppressive organization now controlled by the one percent of corporate America. Corporate America is using police forces as their mercenaries.”

Lewis, who retired from the Philadelphia police force in 2004, was arrested during the Occupy Wall Street protests in November 2011.

 


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“Wake Up, America, Peekskill Did!”

News | Annals of hidden American history

Remembering a bloody Labor Day when America’s sense of justice was nearly stoned to death

paul-robeson

Paul Robeson: Nearly lynched, in the North. The twin cancers of racism and anti-communism normally operate together.

(Originally published on Thursday, September 03, 2009 / Valley Advocate)

 

[dropcap]O[/dropcap]n September 4, 1949, 65 years ago, on a Labor Day weekend, as they were leaving an outdoor holiday concert, the folk singers who wrote “Where Have All the Flowers Gone?” and “This Land is Your Land” were part of a crowd ambushed by an angry mob.

The attack was premeditated and organized. The concertgoers and musicians leaving the performance area were diverted down a four-mile-long country lane lined on either side by steep embankments. Pete Seeger and Woody Guthrie were riding in a Jeep, along with Seeger’s wife and his young family. As the cars began to leave in single file, the mob uncovered piles of baseball-sized stones they’d collected at the top of the hillsides and began hurling them down at the cars. Other rioters used clubs and their bare fists. With all other exits blocked, the cars had no where else to go. The local police on hand laughed when asked to help and told the victims to move along. The next morning a burning cross was found on the fairgrounds where the folk singers had performed.


We need sociopolitical explanations for the reasons VFW and American Legion members are so easily manipulated into rightwing crusades notorious for their fetid sordidness and cowardice. Is it class? Is it military indoctrination? Is it the media whipping up scares and jingoism? Is it the police complicity? The politicians? All of the above? Or is it simply that in any nation—especially the Land of the Free—we have more violent imbeciles than just about anywhere else? 


 

Though these events foreshadowed America’s civil rights movement, they didn’t happen south of the Mason-Dixon line. While many of the rioters screamed anti-communist slogans and many historians agree the battle helped pave the way for Senator McCarthy’s political witch hunts, it wasn’t a particularly conservative region where blood was spilled.

The attacks happened in Peekskill, N.Y., a small industrial city on the Hudson River, just north of Manhattan and a couple hours from the Pioneer Valley.


peekskillRioter
The police restrained a protester before a Paul Robeson concert in Cortlandt, N.Y., on Sept. 4, 1949. The original concert, scheduled for Aug. 27, was canceled after a terrifying attack by dozens of men swinging clubs and folding chairs, making bonfires out of sheet music. The mob reactions would come to be known as the Peekskill Riots. For the most part the police looked on, tacitly endorsing the mob’s assault. |  Photo: George Alexanderson/The New York Times


A week prior to the Labor Day concert and riots, Seeger’s newly formed organization, People’s Artists, had booked another concert at the Lakeland Picnic Grounds. This show was stopped by violent unrest before it ever got started.

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WIDE WORLD
Peekskill rioters pose proudly in front of their handiwork

It was going to be a benefit for performer Paul Robeson’s Civil Rights Congress. Robeson was a film and stage actor as well as a lawyer, writer and orator, but by 1949 he had begun to focus his energies on becoming a political artist. He used his basso profundo voice to sing songs against racism and fascism. He was both an African American and a socialist who considered himself a friend of the Soviets.

Robeson had performed in Peekskill before without incident, but world events and his own politics converged to set the stage for hostility. That year, the Russians tested their first hydrogen bomb and Mao Zedong’s Communist Party had taken over China. While attending the World Peace Conference in Paris, Robeson gave an interview to the Associated Press in which he said, “It is unthinkable that American Negroes will go to war on behalf of those who have oppressed us for generations…against a country (the Soviet Union) which in one generation has raised our people to the full dignity of mankind.”


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Angry locals from Westchester County, New York shout hate-filled insults at the carloads of concert-goers arriving to hear the singer Paul Robeson

There had already been growing embers of suspicion and hatred toward American communism and proponents of the civil rights movement; Robeson’s statement fanned the flames into a blaze.

Weeks before the concert, Louis Johnson, Truman’s Secretary of Defense, made a speech to the Peekskill chapter of the American Legion emphasizing the threat communism now posed. “We will build our ramparts so strong that no aggressor will dare attack us,” he was reported as saying in the city’s newspaper, the Evening Star. Referring to the two world wars, the paper went on to editorialize: “Twice in our lifetime we have had peace within our hands and twice we lost it. If we make the same mistake the third time it may be our last chance. … We can have peace… but only if we are prepared to fight for it. Now that we are fully awake, we are grimly determined that history shall not repeat itself.”

When the concert was announced, the paper noted Robeson was “violently and loudly pro-Russian.” It continued, “The time for tolerant silence that signifies approval is running out.” Some readers apparently recognized an opportunity to test their patriotic, commie-hating mettle.

*

“A boy running. I watched as he came in sight around the bend of the road, running frantically, and then we crowded around him and he told us there was trouble and would some of us come—because the trouble looked bad; he was frightened too.

“We started back with him. There were twenty-five or thirty of us, I suppose…. I thought that this would be no more than foul names and fouler insults. So we ran on up to the entrance, and as we appeared, they poured onto us from the road, at least a hundred of them with billies and brass knuckles and rocks and clenched fists, and American Legion caps, and suddenly my disbelief was washed away in a wild melee.”

This first attack ended around 10 at night, when the rioters finally broke into the concert grounds and began stacking the wooden chairs into a pile. Fast described the scene: “A chair went on fire, and then another and another, and then a whole pile of the chairs. Then they discovered our table of books and pamphlets…. Standing there, arms linked, we watched the Nuremberg memory come alive again. The fire roared up and the defenders of the ‘American way of life’ seized piles of our books and danced around the blaze, flinging books into the fire as they danced.”

In the glow of the bonfire, the Department of Justice agents finally abandoned their aloof neutrality and offered to help take the seriously injured (of which there were many) to the hospital.

Thomas-E-Dewey

Gov. Thomas Dewey (R) did less than nothing. He obstructed justice and even congratulated the police for a job well done. On those grounds alone he should have been impeached. But this is America, where reactionaries go scot free.

In the aftermath, the local district attorney, George Fanelli, blamed the violence on the musicians and audience for showing up where they weren’t wanted. When Seeger and others sent the governor a telegram urging him to investigate, he put Fanelli in charge as his neutral observer.

Robeson, who had been warned of the violence and hadn’t been present for the first riot, would not be cowed and wanted a second chance to perform. The Civil Rights Congress held a huge rally in Harlem days after the attack, and Robeson declared, “If the police won’t protect the audience, we will protect ourselves.”

A second concert was announced for the next weekend on Labor Day at a location a half-mile from the scene of the previous week’s violence. Local union leaders and the heads of the American Communist Party vowed to support Robeson and the other artists. Veterans’ groups promised a counterdemonstration. The directors of People’s Artists sought an injunction against the counterdemonstration, but the judge reviewing the request dismissed it, saying, “I don’t know why you think the veterans are going to disobey the law.”

The morning of the second concert, 2,500 union men (many of them also veterans) created a human wall around the concert ground protecting it. Robeson and the other performers were all provided volunteer body guards. Police from all over the state were called in to keep the peace. Between 15,000 and 20,000 audience members filled the open air arena, and the concert started at around three in the afternoon, just as the counterdemonstration was scheduled to end. Seeger and Guthrie warmed up the crowd, each with brief sets, and then Robeson performed. Just over an hour later, the concert ended peacefully and people began to head home. Despite the careful planning of security for the event, the artists had no exit strategy. Unfortunately, the rioters did.

According to Seeger’s biography, How Can I Keep from Singing?, by David King Dunaway, Seeger first tried to take the most direct route to his home, but the police insisted everyone head down the narrow lane where the ambush awaited them.

“We hadn’t gone a hundred yards from the gate when I saw glass on the road,” Seeger said. “And in my innocence I said to my family, ‘Hey, watch out, they may be throwing stones at us.’ Hell, I had no idea how well organized it was. Around the next corner was a guy with a pile of stones, waist high…. As the cars came by, four or five feet away, wham! Around the next corner was another group with another pile of stones.”

Police attacked drivers with their nightsticks, sometimes demanding the victims get out of their cars, and then proceeding to beat them to the ground. Seeger saw one officer standing with his arms crossed, and outraged, the musician stopped his car and demanded the policeman do something. The trooper took a step backwards and told him to move on. “I look around and the guy [in the car behind me] is getting it. Because I’m stopped, he’s got to stop. And he’s getting stone after stone right through his window. So I moved on.”

A friend of Seeger’s, Mario Cassetta, who was in the back seat, remembers, “We got to the end of the run and there was a clearing. We stopped. Some people were sitting. We asked, ‘Do you know the nearest hospital?’ And they all started laughing and cackling. Cackling. I remember one woman rocking back and forth slapping her knees, like she’d heard a good joke…. All the way into the Bronx—more than twenty miles—you could see the injured, a long bloody alley.”

*

Though there were no deaths, the emergency rooms across Westchester County were filled, and many of the injuries were permanently debilitating. Years later, Seeger learned from the son of one of the police officers that the local chapter of the Ku Klux Klan had worked with the police to orchestrate the attacks. No arrests were ever made, and the governor instead commended the police for their excellent work.

For about a month after the riots, the city where they had occurred was wallpapered with posters, signs and bumper stickers that read, “Wake Up, America, Peekskill Did!” And then, suddenly, they disappeared.

In a recent interview with Majora Carter for The Nation, Seeger explained what he thought had happened. “It seems that in Europe, they were horrified,” he said. “They said those were the same signs that went up after Kristallnacht.” This was another coordinated attack that had happened 11 years earlier in Germany when 91 Jews were killed and tens of thousands more were sent to concentration camps. The event became a Nazi rallying point, Seeger pointed out: “Hitler said, ‘Wake up, Germany, Munich did: throw stones at all the Jewish shopkeepers.'”

With the world wondering whether America was turning fascist, apparently those responsible for the violence thought twice about what they’d done, and decided to try and forget what had happened.

 


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Remembering Paul Robeson

Paul L. Robeson (1898-1976)

Robeson 1942[dropcap]P[/dropcap]aul Robeson was a black American singer and actor kown throughout the world as a fighter for civil rights and equality in the United States. He was an outstanding football player when at Rutgers Univ., then had an international career in singing, as well as acting in theater and movies. He became politically involved in opposition to the Spanish Civil War(during which he sang for anti-fascist loyalist soldiers).

His advocacy of anti-imperialism and socialism, support for the Soviet Union and criticism of the U.S. government resulted in being blacklisted during the repressive anti-communist McCarthy era. Ill health forced him into retirement but he remained until death an advocate of left-wing political causes.

  • The essential character of a nation is determined not by the upper classes, but by the common people, and that the common people of all nations are truly brothers in the great family of mankind … And even as I grew to feel more Negro in spirit, or African as I put it then, I also came to feel a sense of oneness with the white working people whom I came to know and love.
  • When I sang my American folk melodies in Budapest, Prague, Tiflis, Moscow, Oslo, or the Hebrides or on the Spanish front, the people understood and wept or rejoiced with the spirit of the songs.
  • I do not hesitate one second to state clearly and unmistakably: I belong to the American resistance movement which fights against American imperialism.
Robeson Othello
Paul Robeson as Othello,  with Uta Hagen (1943–4).
  • In Russia I felt for the first time like a full human being. No color prejudice like in Mississippi, no color prejudice like in Washington. It was the first time I felt like a human being.

  • To be free… to walk the good American earth as equal citizens, to live without fear, to enjoy the fruits of our toil, to give our children every opportunity in life–that dream which we have held so long in our hearts is today the destiny that we hold in our hands.

Here are two songs by Robeson:

Amazing Grace, https://www.youtube.com/watch?v=s1lSMXE3W8w

Joe Hill, https://www.youtube.com/watch?v=n8Kxq9uFDes

Watch a documentary biography of Paul Robeson, “Here I Stand,” including video of the infamous right wing racist riot against Robeson in Peekskill, N.Y.:

https://www.youtube.com/watch?v=BUki-v-NvoE


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Beyond Elections

JACK A. SMITH

CROSSPOSTED WITH COUNTERPUNCH

Mitch McConnell celebrating the GOP victory, but in reality only the ordinary citizen lost.

Mitch McConnell celebrating the GOP victory, but in reality only the ordinary citizen lost.*

[dropcap]T[/dropcap]he American people tend to view the Republican and Democratic parties as near polar opposites, but this is far from true. Indeed, they are clearly more united on the fundamentals underpinning U.S. society than they are at odds.

The heated legislative and political battles that characterize both parties, which are fought bitterly every two and four years in national elections and throughout the 50 states, are taking place within a much larger context of agreement between the right/far right Republicans and the center right Democrats.

We will touch upon this matter after discussing the recent trouncing of the Democratic Party in the Nov. 4 midterm elections, and posing this question: “Why are the Democrats so unpopular at a time when it was obvious that reactionary Republican obstructionism virtually paralyzed the political and legislative process?”republicrats-550

Compounding the GOP victory, a post-election Nov. 6-9 Gallup Poll revealed that the Democratic Party’s favorability rating among the American people was at its lowest point ever, 36%, compared to 51% just after the 2012 election that returned President Barack Obama to office for a second term. The Republican post-election tally was 42% this year compared to 28% — the lowest rating ever for either party — just a year ago in October after shutting down the Federal government for 16 days.

Fewer voters historically turn out for midterms, but this year that total was the lowest in 72 years — 36.6% of those eligible to vote at a time when the Democratic Party knew it was in trouble and made special efforts to get out the vote. It didn’t work. The result was not only that the Republicans gained control of the Senate and increased their large margin in the House but now also dominate over 60% of governorships and state legislatures.

Aside from the ideological right and left and those who closely follow politics, the great bulk of American voters — who far outnumber the ideologues and buffs — often possess little knowledge about politics, history, foreign affairs and the inner workings of national government, and are manipulated by the corporate mass media and political parties.

Those who control the levers of American society neglect to provide the masses of working people with a thorough understanding about the realities of American society because an enlightened citizenry would undoubtedly demand significant social change if the truth were known. The political parties are well aware of the consequences that might ensue if they heeded Thomas Jefferson’s famous words of 1820, and they will have none of it: “An enlightened citizenry is indispensable for the proper functioning of a republic. Self-government is not possible unless the citizens are educated sufficiently to enable them to exercise oversight.”

Far from educating, the contending parties invested billions of campaign dollars miseducating potential voters with endless stultifying, simplistic and deceptive negative attacks on the opposition.

Wall Street, the banking system, corporations and those who possess great wealth paid for this election and assuredly will be recompensed several fold in legislation, tax rebates, and favors from Congress and the White House. According to Demos, the liberal political policy organization:

“Democracy has at its heart a basic promise: Citizens have an equal voice in deciding who represents them. This promise went unfulfilled again in 2014. Large donors accounted for the vast majority of all individual federal election contributions this cycle, just as they have in previous elections. Candidates alone got 84% of their individual contributions from large donors…. Just 50 individuals and their spouses accounted for more than a third of the total money raised by Super PACs this cycle.  Many candidates, including some whose individual contribution totals reach into the millions, report receiving few or even no dollars in contributions from small donors.”

Both parties received about the same amount of cash, with the Democrats slightly ahead on the national level. Many thought that the Supreme Court’s Citizens United decision allowing virtually unlimited campaign contributions would principally harm the Democrats but that’s not the case. The two parties are thriving financially, while what’s left of democracy may have received a fatal wound.

The Democratic campaign was largely defensive, with most of its congressional candidates attempting to distance themselves from their own president. The apotheosis of this humiliating situation was when Democrat Alison L. Grimes, unsuccessfully running against Republican Senate leader Mitch McConnell in Kentucky, declared she disagreed with Obama and wouldn’t admit to having voting for him.

Viewing the election results and the disinclination of Democratic candidates to make a show of support for President Obama, Stratfor’s George Friedman wrote Nov. 17: “The president is no longer battling for the center but is fighting to hold on to his own supporters — and is failing to do so.”

There are several reasons for the sharp drop in Democratic electoral support this year, but it is not a shift to the ideological right/far right. It primarily was far more a rejection of the center right unwillingness of Obama and the Democratic Party to mount a significant fight-back against the economic and social tribulations increasingly afflicting the American working class, middle class and of course the poor.

In recent years working families have experienced drastic unemployment, underemployment or the fear of job loss; wage stagnation; widespread foreclosure of homes; mounting inequality; family insecurity; fear that one’s children won’t make it to the middle class; continual wars; political gridlock; startling examples of brutality by militarized police forces; runaway climate change, and more. And today’s Democratic Party, as opposed to a few center left reform years in the 1930s and 1960s, is pathetically ill equipped to defend these constituencies against the accelerating rampages of the U.S. neoliberal version of capitalism.

Combine this with the fact that voters are provided with only two viable (electable) parties, both right of center in varying degrees. Thus, the way for many people to register a serious protest is not to vote or to vote for the other party as punishment. The purpose of such a system is for power to change from one party to the other every several years so that over time a perfect equilibrium is achieved for the maintenance of capitalism.

A number of progressive and left commentators have noted the role the Democrats played in their own defeat, such as Robert Reich, former Labor Secretary in the Clinton Administration: “What the President and other Democrats failed to communicate wasn’t their accomplishments. It was their understanding that the economy is failing most Americans and big money is overrunning our democracy. And they failed to convey their commitment to an economy and a democracy that serve the vast majority rather than a minority at the top. The midterm elections should have been about jobs and wages, and how to reform a system where nearly all the gains go to the top. It was an opportunity for Democrats to shine. Instead, they hid.”

He suggested they should have “come out swinging. Not just for a higher minimum wage but also for better schools, paid family and medical leave, and childcare for working families. For resurrecting the Glass-Steagall Act and limiting the size of Wall Street banks. For saving Social Security by lifting the cap on income subject to payroll taxes. For rebuilding the nation’s roads, bridges, and ports. For increasing taxes on corporations with high ratios of CEO pay to the pay of average workers. And for getting big money out of politics, and thereby saving our democracy.”

Bill Fletcher, Jr., an educator, writer, unionist and board member of Black Commentator, declared: “ The Obama Administration has not led in a progressive direction…. Though the economy has improved, the condition for the average working person has not. Yes, unemployment is down but we are still dealing with structural unemployment that is weighing on everyone. The damage from the foreclosure crisis is far from over. And the rich are the ones who are benefiting from the improved economy.  To turn any of this around masses of working people need to be organized to fight for a division of the wealth.  Yes, that means building and supporting labor unions. But when the President does not make that a clarion call-except when speaking with union members — he has no answer to the public that is asking for their share…. Race, as always, was a factor. The Republicans had sufficient codes to make it clear that race was an issue in the election.

Robert Borosage of the
liberal Campaign for America’s Future noted issues that should have been, but were not, on the Democratic campaign agenda: “There is a populist majority waiting to be forged. Majorities will rally for full-employment economics, for fair taxes on the rich and the corporations, investment in rebuilding the country and educating the children, strengthening retirement security, making college affordable, lifting the minimum wage, curbing CEO excess, empowering workers, guaranteed paid family leave, paid sick days and paid vacations, balanced trade to make things in America again, taking on the corruption of our politics by big money, investment in new energy and innovation that will create jobs and more.”

Peter Beinart, writing in The Atlantic blog, argued: “For the most part, Democratic candidates shied away from [the issues that most Democrats think really matter] because they were too controversial. Instead they stuck to topics that were safe, familiar, and broadly popular: the minimum wage, outsourcing, and the “war on women.” The result, for the most part, was homogenized, inauthentic, forgettable campaigns.”

During the next two years the Republicans will block all progressive legislation, but given the paucity of anything progressive in the last almost six years that won’t change much. During those years, as liberal economist and columnist Paul Krugman correctly observed, the Republicans engaged in “obstructionism bordering on sabotage.” The GOP will try to ram through reactionary bills but may not cause too much damage. The Democrats hold over 40 votes in the Senate, enough to block many bills, (except when there are defections by their conservative bloc), but Obama has a veto. At the same time Obama is expected to compromise on certain right wing bills, such as a tax cut for rich corporations, and possibly much worse.


The level of inequality in America is obscene. The most powerful one hundredth of one percent includes 16,000 families who own $6 trillion in assets — equal to the total wealth of the bottom two-thirds of American families combined.


The GOP will continue to support Obama’s expansion of wars, not only in Afghanistan where the White House just intensified America’s war commitment, but probably will work with the president to actively seek the military overthrow of the Syrian government, and to send larger numbers of U.S. troops to fight against the Islamic State. Professional warhawk Sen. John McCain is expected to assume the chairmanship of the Senate Armed Services Committee, giving much him greater authority over wars and the Pentagon budget. In foreign policy the Republicans will support moves to exacerbate America’s new cold war with Russia and increase U.S. military arms and support to Ukraine.

Obama will spend part of the remainder of his term dwelling on his so-called legacy, trying to partially make up for the first six years with efforts to portray himself as something of a liberal now that he is a lame duck with considerably diminished powers. He routinely ignored or criticized party liberals and brushed aside the Congressional Progressive Caucus since taking office, much to the chagrin of millions of his voters who expected “change they could believe in” from what turned out to be a conservative presidency. Of a sudden he’s issuing a few executive orders that he could have implemented five years ago and adopting more populist rhetoric.

Despite much political sound and fury and sharp differences between the two official parties they are clearly more united on the fundamentals underpinning U.S. society than they are at odds, as we suggested at the beginning of this article.

For one of many examples, both uphold an essentially failing model of capitalism that prevails in the United States — failing in the sense of fulfilling the needs of the great majority of people.

Noting that the United States is “home to the worst inequality among the advanced countries,” progressive pro-capitalist economist Joseph Stiglitz, a past recipient of the Nobel Prize in Economics, recently described America’s harsh form of capitalism as being “designed to create inequalities. This fact was made abundantly clear during the financial crisis, when we socialized losses but allowed the banks to privatize profits, extended largesse to the victimizers but did little to help the victims who were losing their homes and jobs.” Earlier this year Stiglitz wrote, “an economic system that fails to deliver gains for most of its citizens, and in which a rising share of the population faces increasing insecurity, is, in a fundamental sense, a failed economic system.”

In this regard, liberal Robert Reich wrote Nov. 17: “Capitalism is a tough sport. If those at the top are winning big while the bottom 90% is losing — too bad. That’s the way the game is played.”

This “failed system” — where for instance 2.4 million children in the U.S. were homeless at some point last year — is the economic project of choice staunchly supported by both the Democratic and Republican parties, neither of which is prepared to propose graduating to the people-friendlier social democratic form of capitalism that prevails in much of Europe, much less building toward the considerably more egalitarian socialism.

Both parties are quite willing to tolerate the extreme class inequality for the masses of people that has been gathering momentum in the U.S. for nearly four decades — accelerating, it is useful to point out, during the eight years each of Democrat Bill Clinton and Republican George W. Bush and the nearly six years, so far, of Democrat Obama.


Democrat leadership: not the answer

The Democrats loss changes little if anything of importance in the direction of the American ship of state.

During these 22 bipartisan, post-Cold War years, (1) the military budget has skyrocketed in a series of unnecessary, stalemated or lost wars against far weaker opponents; (2) the two parties joined in deregulating key aspects of government controls on Wall Street, the banking system and corporations; and (3) the disproportion of wealth and poverty has reached and is exceeding Golden Age proportions, as you will see in the next paragraph:

The U.S. is the richest country in the world, but about half its population of 319 million people are low income or poor. These people generally have very little, if any, wealth (i.e., assets over liabilities). Indeed, the bottom 90% of the U.S. population, including the working class and the entire middle class as well as low income and poor, possess only 25.6% of private national assets. The top 10% own the rest, in these proportions: Those in the 90 to 99 percentile own 34.6% of the assets. The top 1% enjoys 39.8% of America’s assets. And within that 1%, the top 0.01% has grabbed 11.1% of the assets. This most powerful one hundredth of one percent includes 16,000 families who own $6 trillion in assets — equal to the total wealth of the bottom two-thirds of American families combined.

Despite these realities, or more properly because of them, the Democratic and Republican parties still propagate the falsehood that America is a “classless” society of “opportunity for all.” They trumpet the glories of free market fundamentalism even as the economy and its benefits stagnate for the majority.

Regarding political donors, the top 0.01% was responsible for 40% of campaign contributions in the 2012 elections and at least that amount in 2014.  All told, about $4 billion, nearly all from big contributors, was spent on this year’s election and both parties received fairly equal amounts. All this money buys sufficient influence for the wealthy and corporate donors to basically control federal and state elections, thereby maintaining the socio-political parameters established by the ruling elite within which the political game must be played. Even as they fight over various issues, the Democratic and Republican parties operate well within these constraints.

Here are a few of the rules guiding those parameters: The two contending and colluding parties are in basic concord on these key issues:

*Foreign policy, U.S. global hegemony, constant foreign military interventions and wars, enormous military budgets;

*Allegiance to an increasingly laissez-faire brand of capitalism, and neoliberal globalization;

*Servile loyalty to Wall Street, the banking system, and corporate power;

*Plutocratic rule (government controlled by the rich) in place of democracy, though this is concealed from the people;

*“Free” elections — so cherished in national myth and external propaganda — that are in fact dominated by the wealth of the 1% billionaires and their millionaire cohorts;

*he existence of massive privacy-destroying surveillance at home and abroad;

*Acceptance of economic and subsequently social inequality and a huge permanent underclass as the price multimillions of workers and their families must pay for the privilege of living within free market capitalism;

*Virtual elimination of major new social programs for the people.

What have the Republican and Democratic parties accomplished in recent decades to modify a type of capitalism that has particularly abused the working class, lower middle class and portions of the middle class?

They have only made things worse because each has moved further to the political right over the last four decades. A few decades ago the Republican Party included a substantial moderate wing and was considered a right/right-center party, and the Democrats had a strong liberal sector and were a center/center left party, but those days are gone and are not coming back.

Obviously, from a formal left perspective, today’s center right is preferable to right/far right when confined in a two-party system. However, such a distinction contains compromising content beyond intense surface differences when each party’s principal obligations are to (1) maintaining the existing socio-economic system by catering to its financial and corporate institutions and its wealthiest beneficiaries; (2) sustaining its global imperialist structure of economic and military domination; and (3) presiding over the increasing immiseration of the majority of the population as wealth and privilege increasingly accumulate for the upper classes.

These two parties, working in tandem with degrees of power alternating every few years, have jointly produced the economic, political and social situation that exists in the United States today — a system where the cherished concepts of democracy, equality and privacy rights are decaying before our eyes, the plight of working people is getting worse, and war has become a permanent condition of society. And since each party continues to gravitate further to the right the chance the Democrats will execute a significant left turn seem impossible.

A left turn, however, is an absolute necessity to resolve these problems and many more that afflict American society — most certainly including crises from economic inequality to climate change and the ever-present possibility of nuclear war — and it will only come from outside the 1% -controlled two-party system.


Jack A. Smith is editor of the Activist Newsletter and is former editor of the (U.S.) Guardian Newsweekly. He may be reached at jacdon@earthlink.net  or http://activistnewsletter.blogspot.com.


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* Photo credit: Todd Heisler/The New York Times