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Why Do Clinton and Trump Hate Following Rules?

Thursday, August 25th, 2016

Hillary_Clinton_official_Secretary_of_State_portrait_cropAs many people have already discovered, this election year is like no other in recent history—perhaps ever. Both candidates seemingly hate to follow and play by the rules. I must admit that Donald Trump’s unorthodox rule hating methods make Hillary Clinton’s rule mishaps look like child’s play.

 

As a child growing up, my brother and I played just about every board game imaginable. That’s how I developed a love of games and learning. In Scrapple, we could not make up words and expect to win. This presidential election for the highest office in the U.S. has shown that practically no rules exist anymore  and words don’t matter.

Donald Trump appears to be making everything up as he goes along. Every Republican presidential candidate since Richard Nixon has released their tax returns. Democrats from Franklin Delano Roosevelt, Harry Truman, Jimmy Carter, Bill Clinton, Barack Obama and Democratic presidential nominee Hillary Clinton released their tax returns. Yet, Trump refuses to release his tax returns claiming that he is being audited by the IRS. Whether or not Trump is being audited is disputed. However, there appears no dispute that an IRS audit would not prevent him from releasing his returns.

 

And Trump along with his surrogates and national spokesperson Katrina Pierson can change history at the drop of a hat. Facts have become a thing of the past. Pierson previously said that President Obama brought the country into the Afghanistan war when in fact, it started following the September 11 attacks in 2001. Then there’s Rudy Giuliani, one of Trump’s surrogates who recently stated that there has not been a successful radical Islamic terrorist attack on U.S. soil before President Obama took office. Somehow, Giuliani overlooks that while he was mayor of New York City that 911 occurred in 2001. But since rules no longer matter, lies have become acceptable.

 

Trump prides himself on being the no rules, anti-establishment non-politician.   That’s why he has presumably broken all rules in making outrageous racist, xenophobic and misogynistic comments, having no policies and disputing known historical facts. All the rules are off the table for Trump.

 

And Hillary Clinton has trust issues because many Americans do not believe she plays by the rules over her decades long career. Trump makes Hillary look like an amateur in rule breaking protocol. Now Hillary Clinton does have her share of issues. For starters, unlike other candidates, she hardly ever gives press conferences. In July, I attended the joint National Association of Black Journalists (”NABJ”) and National Association of Hispanic Journalists (“NAHJ”) convention. Hillary Clinton spoke and gave a press conference before the two groups. Trump was invited but declined. At the time of her appearance before the NABJ and NAHJ, Clinton had not given access to the media with a question and answer press conference in 244 days. Unfortunately, one cannot stop Trump from giving press conferences.

And then Hillary Clinton has her every ongoing Email server debacle. The recent mishap is her apparent failure to turn over some 15,000 emails for review. That’s a lot by my count. The fact that Hillary Clinton even thought it was acceptable to have her Secretary of State department emails on a private server at her New York home defies the logic of playing by the rules.

 

The failure to adhere to rules is where the similarities end with Trump and Clinton. Trump is downright dangerous. His lack of knowledge of policies, laws and the U.S. Constitution, narcissistic ways, bullying anyone and everyone, stoking racism, attacking immigrants, while pandering to Russian President Vladimir Putin puts the danger of his lack of rules in a whole other category. While Clinton may be unorthodox with rules that result in trust issues for many individuals, including myself, no one can doubt that she is qualified to be president. Trump is no more qualified to run the country than as my dear mom used to say than a man with a hole in his head.

The choice is not perfect by any means. Both Trump and Clinton dance to their own sense of rules. Clinton’s dance is easier for me to follow to the polls in November.

 

Washington, DC based Debbie Hines is a trial lawyer, legal analyst and former Baltimore prosecutor. She has appeared on Al Jazeera, BET, CBS, C-Span, MSNBC, Sky News among others. Her op-eds appear in the Baltimore Sun, Washington Post and Huffington Post.

Baltimore Police Dept. is a Micro System of Our Society

Wednesday, August 24th, 2016

 

 

police-chase_mediumFollowing the Justice Department’s scathing report on the Baltimore Police department’s patterns and practices of civil rights violations and unconstitutional practices on blacks, women and the mentally ill, gender bias, inadequate training and a culture of years of profound blatant racism, there has been an outreach for ways to improve the Baltimore Police department. Improving the department will not be an easy fix after decades of malfeasance. And finding the answers will be like trying to end systemic racism in the overall society and fabric of America—only on a smaller scale.

In the fourteen months following the April 12, 2015 arrest of Freddie Gray, the Department of Justice (“DOJ”) investigated the department and found the Baltimore Police intentionally discriminated against residents, used excessive force, made unconstitutional stops and arrests and targeted African Americans, youth and mentally challenged individuals. And the Baltimore Police did not limit its illegal actions to blacks but further engaged in gender bias policing when it came to investigating sexual assaults. In terms of supervision of police, DOJ found the department failed to supervise, had inadequate policies, an inadequate system to even investigate complaints against officers and engaged in retaliatory practices. In essence, the entire Baltimore police department was a dysfunctional organization that harassed and destroyed the lives of many residents, many of whom did not commit any crimes.

The Justice Department analyzed documents, spoke to police officers and Baltimore residents who had encounters from 2010- 2015. It did not review the Freddie Gray case as part of this investigation.

As a former Baltimore prosecutor, I knew of some of the patterns and practices resulting in unconstitutional arrests for failing to obey, trespassing, loitering, resisting arrest and other similar crimes.   During the time that I prosecuted, police officers were often advised that most of these charges lacked probable cause for an arrest. Yet, as I recount in a October, 2015 Washington Post Op ed, Baltimore police seemed to routinely arrest residents despite admonishments by judges and prosecutors.

 

The numbers involved in the report were staggering. Most of the illegal and unconstitutional practices involved a segment of the population involving two districts representing 11% of Baltimore’s population. Hundreds of residents were stopped 10-30 times, with no arrest. And for those who think African Americans commit crime in greater numbers than whites, the report disputed that misconception. In pedestrian stops, one male in his mid-50’s was stopped 30 times without an arrest. It was as if stopping and harassing blacks was a game or sport for police. I guess it really was for some officers.

In vehicle stops, the report found that whites twice as often had contraband versus African Americans. And in pedestrian stops, whites were 50% more likely to have contraband. Yet, of criminal cases, African Americans represented 86% of all criminal offenses although they make up 63% of the Baltimore population. And as reported previously, African Americans use drugs in the same amounts as whites. Yet, police arrested African American 5 times more.

 

In reading the DOJ report, even as a former prosecutor, I was shocked at some practices which I didn’t know existed. Police would stop individuals and ask for identification. In some cases, if no identification was found on an individual, police would detain and take the individual to police station to finger print to learn their identity. This is not Nazi Germany in the 1940’s where certain groups of people are required to have ID. Yet, the Baltimore policing, in some instances, resembled the stopping of Jews by Nazis.

 

One of the most egregious practices was that of public strip searches. I had no idea that such inhumane and barbaric treatment of individuals occurred. And it made me sick to my stomach to read in detail what some African Americans endured at the hands of police. One woman was stopped for a busted tail light. She was ordered to remove her clothes, bra, panties and given an anal cavity search, in full view of everyone watching on the street. She ultimately received a reprimand. In another instance, a teenager was ordered to remove his boxer shorts in full view of his girlfriend while the police publicly strip searched him-and found nothing. He filed a complaint. And later, when encountered by the same officer in a McDonald’s restaurant, the officer, in retaliation, required him to pull down his pants and grabbed his groin.

 

For those who think these were a few rogue police officers—think again.   If it were only a few rogue officers, the Department of Justice would not have determined a pattern and practice existed in the Baltimore police force.

And although the DOJ report analyzed police data from 2010-2015, the practices occurred over a long period of time. In Baltimore, former mayor Martin O’Malley commenced a “zero tolerance” policy in the 1990’s which many officers continued through 2015. Zero tolerance led to the illegal stopping, detaining and unlawful despicable practices outlined in the DOJ report.

All present and past Baltimore lawmakers are responsible for the broken system. The Baltimore City leadership from mayors to the police commissioners are responsible for allowing the racist, Nazi like system to exist. Baltimore paid out millions of dollars to settle many lawsuits due to unconstitutional police practices. Those settlements were authorized by the Baltimore Board of Estimates and approved by the Baltimore City Councils and Mayors.

The one hopeful reason for change is a Department of Justice consent order, once reached, will be closely monitored by a monitor, be binding on all future administrations and enforced through the federal court. I just don’t know how you prevent systemic racism in our society.

For those interested in commenting, email Community.Baltimore@usdoj.gov.

 

2013-debbie-hines-newsWashington, DC based Debbie Hines is a trial lawyer, legal analyst and former Baltimore prosecutor. She appears on Al Jazeera, BET, C-Span, MSNBC, PBS among others speaking on justice, gender and race.

 

 

Ryan Lochte and Three U.S. Swimmers in Hot Water

Thursday, August 18th, 2016

 

 

RyanLochte

Olympic swimmer Ryan Lochte filed a police report for a robbery committed on him and three other U.S. swimmers in Rio for the Olympics.  According to various accounts of the swimmers which differ,  he and the three other swimmers were robbed at gun point of their money and wallet.  But their credentials and cell phones were not taken.

 

As a former prosecutor, when I first heard the details of Ryan Lochte’s account of being robbed, it did not ring true to me.  In other words, I didn’t think it passed the smell test of being quite true.  The one thing that stuck out was his cavalier attitude about having a gun cocked to his head in a foreign country known for its crime and violence. Lochte mentioned that he refused to lay down on the ground as allegedly instructed by the gun man or gunmen.  And then after the gun was cocked to his head, he did so and was like “whatever”.   Trust me the last thing someone with any bit of intelligence would do is treat an armed robbery in a nonchalant manner.  And now the whole story appears fabricated after authorities saw  CCTV video footage of the swimmers in the gas station doing the damage, allegedly assaulting a guard and damaging a door and other property, and not the other way around. That coupled with the video of their return to Olympic village with wallets intact—and not with a robber, as Lochte claimed, presents some further issues.  Lochte says he did not lie.

 

And so yes, the Rio authorities were correct to detain the swimmers as they would any other person suspected of filing a false police report.  Lochte had already left Rio.  I don’t know about the law in Rio or Brazil but filing a false report is a crime in most U.S. jurisdictions.  It is a misdemeanor. And most people file one to cover up some other true incident—as might be the case with Lochte and fellow swimmers.

 

A Rio 2016 spokesperson defended Lochte and his teammates. “These kids tried to have fun, they tried to represent their country to the best of their abilities,” Mario Andrada told reporters. “They competed under gigantic pressure. Let’s give these kids a break. Sometimes you take actions that you later regret. They had fun, they made a mistake, life goes on.”   At 32, Ryan Lochte is hardly a kid.  And he and his fellow cohorts should not be treated like as if they were kids pulling a prank.  If what is being reported is true, it was anything but boys will be boys. It is likely a criminal act—not a kid’s prank.

 

In contrast, if the parties involved had been African American Olympians, I dread to think of what the headlines might have read.  I am sure it would have talked about “thugs”, persons “up to no good” as said about Trayvon Martin, raised by a single mother with no father in the home, “robber” as Michael Brown was called and other nefarious statements used to describe the actions of African Americans even when they are the victims.  There has been nothing but support for the white swimmers who may have committed multiple crimes while representing the U.S. I would have liked to see some of that support for Gabby Douglas who was bashed online for not placing her hand over her heart during the National Anthem.

 

I surmise that the swimmer crew might have needed to account for their time missing in action and also possibly their lack of money-allegedly used to cover their you know whats.  Money was allegedly used to pay  for property damage and to persons to prevent the story from becoming public.  If so, that money was not well spent.

 

I do not want any American to be subjected to possible prosecution in a foreign country.  That’s a scary proposition. But I also don’t want someone who is representing the U.S. in the Olympics committing an assault, destroying property in the host country, paying money to conceal their acts and then possibly lying about it to authorities to defend what some now call a “kid’s prank.”

UPDATE: Ryan Lochte and Jimmy Feigen  have been indicted for filing a false report. Lochte denies the charges.  According to the AP, two of the swimmers have now stated the police report was a fabrication.

 

Washington, DC based Debbie Hines is a  trial lawyer, legal analyst /political commentator and former Baltimore prosecutor.