I have touched, once, and lightly on the Eric Garner case, and that back in December of 2014 in Eric Garner And The Rule Of Law, where I wrote:
In The Michael Brown Case, Update 8: A Divided People, I analyzed the primary difference dividing Americans these days: many Americans respect and defend the rule of law; others have no respect for the rule of law, demanding “social justice” instead. Social justice has certain advantages: its definition is fluid as are its goals. It is as based in racism as its requirements and principles are infinitely changeable to provide political and financial profit to those advocating it. The rule of law encourages stability; social justice revels in chaos in the name of ‘change’ and ‘reform.’
And so we come to the newest rallying cry of social justice: the Eric Garner case in NYC.
Local businessmen called the NYC police to complain about 6’3”, 360+ pound Eric Garner, a black man selling loose cigarettes on the sidewalk in front of their businesses. Garner, a convicted felon with 31 prior arrests including assault, was frightening customers and violating a New York City ordinance against selling loose cigarettes (primarily a measure to ensure maximum tax revenues). Several officers, supervised by a black female sergeant, tried to arrest Garner, but he refused to obey the officers and resisted arrest. One of the officers applied a chokehold and took Garner to the ground where he was handcuffed. Unfortunately, Garner, who suffered from high blood pressure, asthma, diabetes, and morbid obesity, died, apparently rapidly.
In due order, a grand jury, which heard from at least 50 witnesses, declined to indict the officers involved. Predictably, in these days where unfounded cries of racism fly as easily as snowflakes in winter, Garner has become the latest social justice martyr. ‘I can’t breathe,’ which he is said to have uttered while being arrested, has become the latest call and response chant during violent nationwide protests.
Media accounts never mention Garner’s long criminal record. One might think I was saying I saw a chokehold applied to Garner, but I was essentially laying out the social justice narrative. Here’s what I added a few paragraphs later:
Therefore, I will not be commenting in any real depth about the evidence in this case. I simply don’t know enough about the facts. I have seen only the brief video of his takedown, which was utterly unremarkable, and did not depict a chokehold. People are often upset when they see multiple officers wrestling with a single criminal. It somehow seems to upset a vaguely defined sense of fair play. Cops should fight it out with criminals one on one and let the better man win!
In real life, things don’t work that way. The Police have to arrest people using the minimum necessary force. They use multiple officers whenever they can to keep from having to use excessive force. The multiple officers did that. They waited until they had enough officers to wrestle the enormous, resisting Garner to the ground. The officer with his arms loosely–watch the video and see what I mean–around the area of Garner’s enormous neck was not applying a choke hold which requires compressing the front of the neck to cut off breathing, or simultaneously compressing both carotid arteries on the sides of the neck to interrupt blood flow to the brain. The first technique is not taught to police officers, in fact they’re specifically taught not to do it, because it can cause anatomic damage and death, and the officer in the video, at least for the relatively few seconds I saw, did not use that technique. Most police academies no longer teach the second technique because if applied for too long, it too can kill. They normally teach compressing only one side of the neck, and there are careful procedures to be followed after using it. I didn’t see this either.
All I saw was an officer grabbing the much larger Garner and upsetting his balance to make him fall over. Exactly what happened thereafter, I’ve no idea, but up to that point, the officers behaved reasonably, and were not in any way using excessive force.
I have since had a chance to review multiple videos (several are here) taken of the Garner take down from multiple perspectives. While an officer did have his arm around Garner’s neck for brief periods, it was clearly not a choke hold, which requires a very specific posture and application of force–both were absent–but an attempt to control Garner and upset his balance.
It’s interesting to note that the grand jury that heard evidence also heard direct testimony from the officers involved, and having that testimony and all available video, did not authorize charges. The New York Times’ account of those hearings, is, of course, sympathetic to the social justice narrative. This is significant because defendants, particularly police officers, rarely, if ever, testify before grand juries investigating their actions, however, these officers believed they did nothing wrong and wanted the opportunity to convince the grand jury. They did, and Eric Garner became yet another holy social justice martyr.
Then I saw another New York Times report, which caused me to once again pay attention to the Garner case. Stick with me, gentle readers, this is not going where you might think. There’s a much bigger game afoot, as Sherlock Holmes might say:
The Justice Department has replaced the New York team of agents and lawyers investigating the death of Eric Garner, officials said, a highly unusual shake-up that could jump-start the long-stalled case and put the government back on track to seek criminal charges.
Federal authorities have been investigating whether officers violated Mr. Garner’s civil rights in his fatal encounter with the police. But the case had been slowed by a dispute because federal prosecutors and Federal Bureau of Investigation officials in New York opposed bringing charges, while prosecutors with the Civil Rights Division at the Justice Department in Washington argued there was clear evidence to do so.
Attorney General Loretta E. Lynch, who as the United States attorney for the Eastern District of New York oversaw the beginning of the federal inquiry before her appointment to Washington, has been considering for months how to proceed.[skip]
In recent weeks, the F.B.I. agents who have been investigating the case were replaced with agents from outside New York, according to five federal officials in New York and Washington. Federal prosecutors in Brooklyn are no longer assigned to the case. It is not clear whether civil rights prosecutors from Washington will work alone in presenting evidence to a grand jury in Brooklyn and in trying the case if charges are eventually brought.
Remember that this matter has already been completely investigated by the FBI and the NYPD, and local and federal prosecutors have had every opportunity to analyze the case and present it to a grand jury, which declined to charge the officers. That this outcome would be upsetting to Mr. Obama and AG Loretta Lynch is obvious; there is no opportunity for racial/political profit. Remember too that prosecutors present only the evidence they want the grand jury to see, thus the old aphorism that a prosecutor can get a grand jury to indict a ham sandwich. The complete record of those findings/proceedings would make it virtually impossible for anyone else to come in and argue the opposite to another grand jury, and would present a Marilyn Mosby-like debacle in court as police officers and prosecutors sparred on the stand and in the press. Not only would this kind of irregular–actually, disastrous–move create enormous rifts within the Department of Justice and the FBI, but between those federal agencies and the NYPD. It already is.
Stuart London, a lawyer for Officer Pantaleo, said that he had maintained he never violated anyone’s civil rights. ‘This was always a simple street encounter where Officer Pantaleo utilized his N.Y.P.D. training to subdue an individual,’ Mr. London said.
He added: ‘If it is true that the Justice Department is rejecting the recommendations of seasoned F.B.I. agents and assistant United States attorneys, this is a gross miscarriage of justice. In our system of justice, politics should never take the place of the rule of law.
Mr. London is correct. This is absolutely about the rule of law. I initially thought this was merely another attempt in a continuing series of Obamite DOJ power grabs, a means of federalizing our nation’s police while simultaneously pandering to Black Lives Matter cracktivists and other race hustlers. I thought it merely another step in the progressive long march through our institutions on the way to a glorious people’s utopia where the rule of law has been swept away and social justice reigns. And then I found this by former Navy SEAL and Blackwater founder Eric Prince:
Because of Weinergate and the sexting scandal, the NYPD started investigating it. Through a subpoena, through a warrant, they searched his laptop, and sure enough, found those 650,000 emails. They found way more stuff than just more information pertaining to the inappropriate sexting the guy was doing,’ Prince claimed.
‘They found State Department emails. They found a lot of other really damning criminal information, including money laundering, including the fact that Hillary went to this sex island with convicted pedophile Jeffrey Epstein. Bill Clinton went there more than 20 times. Hillary Clinton went there at least six times,’ he said.
‘The amount of garbage that they found in these emails, of criminal activity by Hillary, by her immediate circle, and even by other Democratic members of Congress was so disgusting they gave it to the FBI, and they said, ‘We’re going to go public with this if you don’t reopen the investigation and you don’t do the right thing with timely indictments,’ Prince explained.
‘I believe – I know, and this is from a very well-placed source of mine at 1PP, One Police Plaza in New York – the NYPD wanted to do a press conference announcing the warrants and the additional arrests they were making in this investigation, and they’ve gotten huge pushback, to the point of coercion, from the Justice Department, with the Justice Department threatening to charge someone that had been unrelated in the accidental heart attack death of Eric Garner almost two years ago. That’s the level of pushback the Obama Justice Department is doing against actually seeking justice in the email and other related criminal matters,’ Prince said.
‘There’s five different parts of the FBI conducting investigations into these things, with constant downdrafts from the Obama Justice Department. So in the, I hope, unlikely and very unfortunate event that Hillary Clinton is elected president, we will have a constitutional crisis that we have not seen since, I believe, 1860,’ Prince declared.
To summarize, the NYPD investigated Anthony Weiner’s sexting of an underage girl, which would be normal procedure; it occurred in their jurisdiction, but found–reportedly–substantial evidence of a wide variety of serious crimes involving a substantial number of powerful Democrats. They informed the FBI, who informed the DOJ. The DOJ surely informed the politicians that run the nation, and who are clearly absolutely corrupt, and they’re pushing back to try to hide the truth and save their worthless assets. The bizarre rifts and leaks from the FBI and DOJ now make a great deal more sense. We’re not just dealing with pay for play and violations of federal secrecy laws, there is far more criminality, and a great many more Democrats are involved. The stakes are much higher than prison sentences or even the office of the president. Prince continues:
So NYPD first gets that computer. They see how disgusting it is. They keep a copy of everything, and they pass a copy on to the FBI, which finally pushes the FBI off their chairs, making Comey reopen that investigation, which was indicated in the letter last week. The point being, NYPD has all the information, and they will pursue justice within their rights if the FBI doesn’t,’ Prince contended.
The NYPD having copies of everything, and expressing a willingness to go public, to name prominent names, even to make arrests themselves, would have Washington in an absolute panic. Surely the lamestream media is aware of this and is doing everything possible to keep it quiet.
There is all kinds of criminal culpability through all the emails they’ve seen of that 650,000, including money laundering, underage sex, pay-for-play, and, of course, plenty of proof of inappropriate handling, sending/receiving of classified information, up to SAP level Special Access Programs,’ he stated.
‘So the plot thickens. NYPD was pushing because, as an article quoted one of the chiefs – that’s the level just below commissioner – he said as a parent, as a father with daughters, he could not let that level of evil continue,’ Prince said.
This is an important point. Why–if these assertions are accurate–are NYPD and FBI personnel exposing themselves to the full wrath of the most powerful people in the world? Because police officers are police officers in large part because they believe in the rule of law and they believe in the existence of evil. They know they need to fight evil if the rule of law is to survive, for without it, we have tyranny. They live, every day, by a code of honor unimaginable to the likes of Bill and Hillary Clinton and their minions. If what they’ve found is provable, we stand on the edge of the abyss, and if honest men and women don’t fight for America, we’ll lose it.
He noted that the FBI can investigate these matters, ‘but they can’t convene a grand jury. They can’t file charges.’
‘The prosecutors, the Justice Department has to do that,’ he explained.
Now, as I understand it, Preet Bharara, the Manhattan prosecutor, has gotten ahold of some of this. From what I hear, he’s a stand-up guy, and hopefully he does the right thing.’
Marlow agreed that Bharara’s ‘sterling reputation’ as a determined prosecutor was ‘bad news for the Clintons.’
Prince agreed, but said, ‘If people are willing to bend or break the law and don’t really care about the Constitution or due process – if you’re willing to use Stalinist tactics against someone – who knows what level of pressure’ could be brought to bear against even the most tenacious law enforcement officials?
‘The point being, fortunately, it’s not just the FBI; [there are] five different offices that are in the hunt for justice, but the NYPD has it as well,’ Prince said, citing the Wall Street Journal reporting that has ‘exposed downdraft, back pressure from the Justice Department’ against both the FBI and NYPD, in an effort to ‘keep the sunlight and the disinfecting effects of the truth and transparency from shining on this great evil that has gone on, and is slowly being exposed.’
‘The Justice Department is trying to run out the clock, to elect Hillary Clinton, to prevent any real justice from being done,’ he warned.
By all means, take the link and read the rest of Prince’s interview. If the information he provides is accurate–it would certainly explain a very great deal–America truly is in a behind the scenes struggle for the very existence of the rule of law and the continuing existence of our republic. Only the election of Donald Trump can ensure a special prosecutor can be appointed to investigate these allegations, and if the evidence is sufficient, to prosecute the guilty. Any additional attempts to obfuscate or hide the truth by Clintonites or Obamites will relegate America to banana republic status and will, eventually, lead to civil war. Americans will not stand for a dictatorship with a self-imagined elite class immune from the law.
The same will be the case if Hillary Clinton and her many minions are pardoned by Barack Obama. The damage done to the nation will be incalculable, just as it will be if she is elected and orders the destruction of evidence and/or pardons herself and her cronies.
I have never been particularly fond of special prosecutors, but that would seem the only course of action that might have the effect of at least partially healing the growing chasm between the American people. And may I suggest Rudolph Giuliani for the role? He has the gravitas, experience and knowledge to discharge the duties required.
It is the rule of law that defines America, the principle that all are equal before the law, and none are above it. When we lose that, we lose it all. The rest is only a matter of time.