Legal Speaks Home Debbie Hines Bio Blog TV Clips Practice Areas Res Ipsa Loquitur Links Contact
Blog Home

Posts Tagged ‘history’

Sorry Camille Cosby but Bill Cosby was not Lynched

Thursday, May 3rd, 2018

BlackManLynchedNAACPCamille Cosby broke her silence today following her husband’s conviction when she wrote a scathing attack on the justice system comparing Bill Cosby’s, conviction to a “lynching”, “mob justice” or to Emmett Till.  Cosby who was tried and convicted on three counts of sexual assaults on Andrea Constand, after a first jury failed to reach a verdict.  Mrs. Cosby’s misunderstanding of the words “lynching” and “mob justice” deserves a teaching moment for her and perhaps many others who might be confused.

 

The National Memorial for Peace and Justice opened on April 26, 2018 in downtown Montgomery, Alabama and is dedicated to the legacy of enslaved Blacks who lost their lives through lynching.  It depicted the over 4000 known lynchings that were held in this country of mostly African Americans from post slavery to 1950.  And when it opened, some questioned why a memorial on lynching was necessary. Comments like Camille Cosby’s show there is a need for the public to be aware of the atrocities of lynching.

First, Mr. Cosby got not only one trial but two fair trials.  The first jury deliberated over 56 hours before a mistrial was declared.  Those who were lynched in this country were neither given a trial, jury or judge to determine their fate. Instead an angry mob of white individuals hung them up to die on a tree, usually first torturing them.  Throngs of white persons, including law enforcement and children watched as the lynchings took place.  Persons were lynched for any perceived slight to a white man or woman.

The Equal Justice Initiative researched many of the lynchings that occurred post slavery in 1877 until the 1950’s. Some of those lynchings were as a result of multiple single incident lynchings—where lynching one Black person was not enough. Counties in Louisiana, Mississippi and North Carolina had the highest single but mass incidents of lynchings. Some lynchings were observed by mob crowds over 2,0000 persons attending such as ones held on the eastern shore of Maryland in 1933.  There were never any convictions or arrests.

As far as Camille Cosby’s comparison to her husband’s conviction to lynching, she and others should be mindful that many lynchings occurred on the court house lawn.  I see no resemblance there to Cosby’s trial. While Cosby was convicted of sexual transgressions over a white woman before a jury of both Blacks and whites, victims of lynchings never received a trial. Persons like General Lee in 1904 was lynched for merely knocking on the door of a white woman. In 1889, Keith Bowen was lynched by an entire white neighborhood for trying to enter a room with three white women. In 1916, Jeff Brown was lynched in Mississippi  for accidently bumping into a white woman as he ran to catch a bus.

If Bill Cosby were Emmett Till, at the first mention of a sexual assault on a white woman, he would have been lynched.  Till, 12 years old, was lynched for either looking, whistling or doing nothing at all to a white woman.  If Cosby had been comparable to Till, at the first instance of an account by a white victim, he would have been lynched.

I hate to hear when persons compare themselves or their situation to a lynching. Clarence Thomas did it at his Senate confirmation hearings when he referred to himself as being involved in a “high tech lynching”.  To make a modern day court room trial comparison or Senate confirmation hearing akin to a lynching does enormous dishonor to those  persons who lost their lives as a result of real mob justice and real lynchings. .

The reason for the Peace and Justice memorial on lynching is to honor those whose lives were taken away in brutal lynchings.  And it is also to bring awareness to what lynching and mob justice did to Black Americans. For those who cannot travel to Alabama to see the memorial, a trip to the website of the Equal Justice Initiative for its report on lynching in America will also bring awareness to our country’s ugly past.  Perhaps when Camille Cosby gets some free time on her hands away from her husband, she might want to travel or read to see what a real lynching looked like.

Washington, DC based Debbie Hines is an attorney and legal/political commentator.

International Women’s Day and Black Sheroes

Thursday, March 8th, 2018
Dr. Dorothy I. Height and Debbie Hines

Dr. Dorothy I. Height and Debbie Hines

 

International women’s day on March 8, 2018 is particularly special in light of the recent #MeToo and #TimesUP movements. As we celebrate international women’s day to commemorate the many generations of women who have advanced women’s rights, I wanted to highlight five African American women whom I admire for their strength, courage and fortitude.

 

When I think of a woman who displayed enormous resilience and fortitude in unfathomable times. I can’t help but honor Harriet Tubman for her heroic and humanitarian efforts in advancing freedom for slaves. Born into slavery, she escaped in 1849 and later led hundreds of other slaves to freedom through the Underground Railroad with help from abolitionists.  Tubman devoted her entire life for racial equality and women’s rights.  After slavery ended, she continued with efforts on suffrage for women. In honor of her life, the U.S. Treasury announced in 2016 that Tubman would replace Andrew Jackson in the center of the new $20 bill.

 

As a lawyer, I stand on the shoulders of Charlotte E. Ray.  In 1872 Charlotte Ray became the first woman admitted to the Bar in the District of Columbia, as well as the first African-American woman to be a member of the formal bar anywhere in the U.S. She opened a solo practice in Washington, DC specializing in real estate law, but according to historians, she was not able to obtain sufficient legal business and had to give up the active practice of law. Ray remained involved in the suffrage cause and returned to her first career, teaching, in New York in 1879.  Today women lawyers make up 36% of lawyers, according to the American Bar Association’s report in January, 2017.

Dorothy I. Height was a fierce civil rights and women’s rights leader who was president of the National Council of Negro Women for 40 years and fought alongside of Martin Luther King.  She counseled presidents on civil and women’s rights issues including Dwight Eisenhower, Lyndon B. Johnson to President Barack Obama. Height was one of the original organizers of the March on Washington but did not receive the opportunity to speak due to her gender. She would later help found the National Women’s Political Caucus with Gloria Steinem, Congresswoman Shirley Chisholm (D. NY), Congresswoman Eleanor Holmes Norton and others.  National Women’s Political Caucus founded in 1971 called for action “against sexism, racism, institutional violence and poverty” and recruits and trains progressive women candidates to run for public office through today.  In 2018, there are the  largest numbers of women running for elective offices in American history.

Former Congresswoman Shirley Chisholm (D. N.Y.)  was the first black woman elected to the U.S.  Congress in 1968. She served until 1983.  And in 1972 she became the first woman to run as a candidate for president in the Democratic party and the first African American to run for president in a major party, thus paving the way for Barack Obama. She ran on a campaign of “unbought and unbossed”.  Despite being a political trailblazer,  Chisholm would later say that, “When I ran for the Congress, when I ran for president, I met more discrimination as a woman than for being black.” Chisholm knew her efforts were not in vain but a “catalyst for change”.

Rosa Parks never held a political office.  In her own right, she was a fierce women’s and civil rights activist.  She is often referred to as the “mother of the freedom movement.”  She was far more than the Black woman who refused to give up her seat on a bus designated for whites only section in Montgomery, Alabama in 1955.  Her actions started the 381-bus boycott in Montgomery, Alabama and helped to launch nationwide efforts to end discrimination in public facilities. On November 13, 1956, the U.S. Supreme Court upheld a lower Mississippi court’s ruling that stated racial discrimination laws in public accommodations are unconstitutional. Parks’ small but mighty gesture of refusing to give up her seat on a bus led to one of the largest and most successful boycott movements against racial segregation.  At her death in 2005, Rosa Parks was the first woman to lie in honor in the Capitol Rotunda.

Today women are still using their efforts as catalysts for change for gender and racial equality.

Debbie Hines is a lawyer and political and legal commentator.  She addresses issues on women and race in law and politics.  She holds a Juris Doctorate from George Washington University Law School and a BA in history from the University of Pennsylvania.

 

Why Ben Carson Lacks a Brain, a Heart and a Soul

Tuesday, March 7th, 2017

 

Ben Carson

Ben Carson

On Monday morning, Secretary of Housing and Urban Development Ben Carson,  referred to slaves as immigrants who came to America in the bottom of ships—yet wanting a better way of life, during his address to HUD.  Ben Carson’s remarks show either his ignorance of history or that he has sold his soul to Donald Trump for a cabinet position as Secretary of Housing and Urban Development.  I suspect the latter.

 

Ironically, the Dred Scott decision was decided on March 6, 1857, some 160 years to the day that Carson made his outrageous statements about slaves being immigrants. Dred Scott went to court to sue for his freedom.  Supreme Court Chief Justice Taney wrote in the decision that blacks, free or slaves had no rights which the white man was bound to recognize.  Slaves were involuntarily brought to America from various African countries, taken away from their families to work for free in America.   They were not immigrants—they were property with no rights

 

 

Before whites descended upon West Africa, many Africans were wealthy, could speak several languages and conducted business with Europeans—traveling to European countries.  A visit to the African American Smithsonian museum is in order for Mr. Carson.  Everything was taken away from my ancestors once they were ripped away from their countries and taken across the ocean to build this country.  Their culture, religion, money, property, language, name and family were taken away as they became slaves and property of whites in America.   Slaves were sold and treated as less than animals to build the country that we now call the United States of America.  Slaves built this country on their backs.  And they were not immigrants.

 

Ben Carson has become like that family relative at holiday dinners who makes outrageous comments that no one believes while others try to convince him of his lack of knowledge.  But Carson is not that family member. He is a highly educated, trained and world renowned neurosurgeon who appears to have lost his mind, his soul or both.  And his words matter.

 

Carson further reminds me of all the major characters in the Wizard of Oz.  The tin man lacks a heart; the cowardly lion lacks courage. And the scarecrow lacks a brain.  Ben Carson lacks all three. He lacks the intelligence to know that he is being played a fool by a rich old white man named Donald Trump.  I doubt that Carson does not know his statements are false. And therefore social media online comments that he needs to read up on history are probably not necessary.

Ben Carson has become a true Trump spokesperson—someone who prides himself  or herself on “alternative facts” as Kellyanne Conway refers to which are otherwise known as lies.   A lie by any other name is still a lie.

And Mr. Carson’s assertion that slaves were immigrants is a lie.

 

Washington, DC based Debbie Hines is a trial lawyer and former Baltimore prosecutor. She holds a Bachelor of Arts degree in history from University of Pennsylvania.

 

Update:  Later on Monday evening Mr. Carson on Facebook stated:  “Slaves were ripped from their families and their homes and forced against their will after being sold into slavery by slave traders,” he wrote. “The Immigrants made the choice to come to America. They saw this country as a land of opportunity. In contrast, slaves were forced here against their will and lost all their opportunities. We continue to live with that legacy.”