theintercept--2020-06-15--Federal Judge Lambasts Amendment to Rename Confederate Bases as “Madness,” Gets Thoroughly Bodied by

Federal Judge Lambasts Amendment to Rename Confederate Bases as “Madness,” Gets Thoroughly Bodied by Clerk

renaming U.S. bases that currently honor Confederate officers broke out in the U.S. Court of Appeals in Washington , D.C. , on Monday .
But the argument was not in the courtroom ; rather , it was launched , and settled , over email .
In an email sent Circuit-wide on Sunday , Judge Laurence Silberman , a Reagan appointee , lambasted Sen. Elizabeth Warren , D-Mass.
, for her amendment to the National Defense Authorization Act requiring the military to strip the names of rebel officers from any military assets .
“ Since I am about to be interviewed @ @ @ @ @ @ @ unburden myself in opposition to the madness proposed by Senator Warren : the desecration of Confederate graves , ” Silberman wrote .
The interview Silberman referenced was part of a series of chats judges do , open only to court staff .
Silberman went on to explain that his great-grandfather had fought for the Union as part of Ulysses S. Grant ’ s army and was badly wounded at Shiloh , Tennessee .
His great-grandfather ’ s brother , meanwhile , joined the Confederate States Army and was captured at Gettysburg , Pennsylvania @ @ @ @ @ @ @ remember that Lincoln did not fight the war to free the Slaves Indeed he was willing to put up with slavery if the Confederate States Returned , ” he wrote ( lack of punctuation and errant capitalization in the original , and throughout ) .
“ My great great grandfather Never owned slaves as best I can tell.
” Silberman ’ s post , which went out widely to scores of Court staff and judges , sat unanswered over the next day , until the first volley was sent back not by a @ @ @ @ @ @ @ courtroom employees who work directly with judges to research and write their opinions .
“ Hi Judge Silberman , ” began the career-risking reply-all email , “ I am one of only five black law clerks in this entire circuit .
However , the views I express below are solely my own , ” they went on .
“ Since no one in the court ’ s leadership has responded to your message , I thought I would give it a try.
” [ M ] y maternal ancestors were enslaved in Mississippi @ @ @ @ @ @ @ viewed my ancestors as property , I view them as hostages .
In a hostage situation , when someone does something that leads to the freeing of the hostages , I am not sure if the hostages would be concerned as to whether the person that saved them , actually intended to save them .
In this instance , as people considered to be property , my ancestors would not have been involved in the philosophical and political debates about Lincoln ’ s true intentions , or his view on racial equality .
@ @ @ @ @ @ @ is not an abstract topic to be debated , so in my view anything that was built to represent white racial superiority , or named after someone who fought to maintain white supremacy ( or the Southern economy of slavery ) , see Photo of Liberty Monument attached , should be removed from high trafficked areas of prominence and placed in museums where they can be part of lessons that put them in context .
In your message , you talked about your ancestors , one that fought for the confederacy and one @ @ @ @ @ @ @ seems to be a true example of a house divided .
However , it is very clear what the Confederacy stood for .
In 1861 , at the Virginia secession convention , Henry L. Benning ( for whom Fort Benning is named ) in explaining the reasoning for Georgia ’ s decision to secede from the United States stated , “ [ it ] was a conviction … that a separation from the North was the only thing that could prevent the abolition of her slavery… [ I ] t is probable that @ @ @ @ @ @ @ every respect , may push the other back.
” Unfortunately , in this scenario , no matter how bravely your uncle fought for the Confederacy , the foundation of his fight was a decision that he agreed more with the ideals of the Confederacy , than he did with those of the Union .
And in the end , he chose the losing side of history .
Finally , I will note that the current movement to rename Government owned facilities is in line with your previous opinions on the importance of names @ @ @ @ @ @ @ , you publicly advocated for the removal of J. Edgar Hoover ’ s name from the FBI Building due to the problematic material you came across in your review of his FBI files after his death .
You equated it to the Defense Department being named for Aaron Burr .
In view of your opinion of J. Edgar Hoover ’ s history and your advocacy for renaming the FBI building because of the prominence it provides Hoover ’ s legacy , it is very strange that you would be against renaming our military @ @ @ @ @ @ @ Confederacy represents the same thing .
This moment of confronting our nation ’ s racial history is too big to be disregarded based on familial ties .
The correspondence was provided to The Intercept by a member of the Court staff on the condition the identity of the clerk ( who was not the source ) and judges who replied be kept confidential .
The ice broken , others weighed in , with two federal district judges , both of them black as well , replying all to thank the clerk for their @ @ @ @ @ @ @ do clean up for Silberman , noting that , while he couldn ’ t speak for Silberman , perhaps he only meant to refer to the possibility that the legislation may have applied not just to base names , but also to gravesites .
Indeed , during the debate over the amendment , which took place behind closed doors , Sen. Tom Cotton , R-Ark.
, offered an amendment that would exempt graves and monuments , a source familiar with the discussions said .
Warren pushed back , arguing that an exception for @ @ @ @ @ @ @ could become a loophole that undermined the requirement , but she agreed that there was no need to rename gravesites themselves .
The drowning Silberman lunged for the olive branch .
“ Thank you for your thoughtful message , ” he wrote the clerk in a reply all , saying the other judge ’ s interpretation was “ absolutely correct ; my concern was limited to cemeteries.
” Silberman didn ’ t explain why he needed to suggest the Civil War wasn ’ t really about slavery if he had such a minor @ @ @ @ @ @ @ to a message left at his chambers .
Two more judges weighed in on the clerk ’ s behalf as the afternoon went on .
“ Yes — thank you , ” wrote one district judge .
“ It also appears that Senator Warren ’ s amendment to the annual defense bill that seeks to rename certain Defense Department Assets has advanced in the Senate , and is receiving bipartisan support.
” “ I know it took courage to send such an email — I am grateful you shared your very important voice @ @ @ @ @ @ @ circuit court judge replied .
Warren followed a similar attack by President Donald Trump last week , when he referred to the Massachusetts senator as a “ seriously failed presidential candidate.
” The week before last , Warren privately filed an amendment to order the military to remove the names of Confederates , giving one year to form a commission and rename them .
The amendment was to be attached to the National Defense Authorization Act , a must-pass piece of legislation that is debated by senators behind closed doors .
Warren first @ @ @ @ @ @ @ but it wasn ’ t until the measure was being considered in executive session the next day that Trump began tweeting , presumably having been tipped off by somebody involved in the debate .
Cotton was the most vocal opponent of the amendment , but at least two Republicans on the committee , Sens .
Joni Ernst and Mike Rounds , were supportive , enough to give Warren the votes she needed .
It carried by voice vote .
Silberman ’ s rapid climb down shows how thoroughly progressives have won the debate @ @ @ @ @ @ @ art of the wedge amendment , like the one Warren introduced , is an ancient Senate tradition , even if its most effective practitioners in recent years have been Republicans , who have perfected the crafting of writing amendments designed to inflame racial and other social tensions .
Forcing Democrats to defend undocumented felons is a favorite ploy .
While progressive Democrats have little problem voting to support universal rights regardless of who it covers , those running in swing districts often balk or side with Republicans .
Democrats , far more of @ @ @ @ @ @ @ GOP , have struggled to turn cultural issues into a wedge to drive into the opposing party .
That more so reflects a lack of opportunity than some hesitation to use the tactic .
Now that LGBTQ rights are broadly accepted as a cultural norm , Democrats are only too happy to attack Republicans on the issue .
Last week , amid protests against systemic racism and police violence , Democrats found a new one , and exploited it to a rather remarkable political advantage over Trump .
On Monday evening , Politico @ @ @ @ @ @ @ secretary were both “ open ” to a bipartisan discussion about renaming 10 bases named after Confederate officers who betrayed their nation and led an insurrection against the United States in order to defend the institution of slavery .
Many , as well , are considered to have been poor military commanders , irrespective of their treason .
Perhaps most absurdly , one base , Fort Pickett , is named for the commander of the most disastrous charge of the war at the Battle of Gettysburg .
The fact that some 10 bases @ @ @ @ @ @ @ of a failed rebellion has long bubbled as a concern for those aware enough to make the connection between , say , the iconic Fort Bragg in North Carolina and Braxton Bragg , a major slave owner widely considered to be one of the worst Confederate generals in terms of sheer competence .
Rep. Gregory Meeks , D-N.Y. , has long advocated for stripping the names of rebels away from military bases .
Warren ’ s initial measure gave the military one year to make the change ; the amended version gives it @ @ @ @ @ @ @ Forts Bragg , Benning , Gordon , Pickett , A.P .
Hill , Lee , Polk , Beauregard , Hood , and Rucker , as well as any streets , ships , aircraft , or other assets named after rebel leaders .

The battle over renaming U.S. bases that currently honor Confederate officers broke out in the U.S. Court of Appeals in Washington, D.C., on Monday. But the argument was not in the courtroom; rather, it was launched, and settled, over email.
In an email sent Circuit-wide on Sunday, Judge Laurence Silberman, a Reagan appointee, lambasted Sen. Elizabeth Warren, D-Mass., for her amendment to the National Defense Authorization Act requiring the military to strip the names of rebel officers from any military assets.
“Since I am about to be interviewed I thought it would be appropriate to unburden myself in opposition to the madness proposed by Senator Warren: the desecration of Confederate graves,” Silberman wrote.
The interview Silberman referenced was part of a series of chats judges do, open only to court staff. Silberman went on to explain that his great-grandfather had fought for the Union as part of Ulysses S. Grant’s army and was badly wounded at Shiloh, Tennessee. His great-grandfather’s brother, meanwhile, joined the Confederate States Army and was captured at Gettysburg, Pennsylvania. “It’s important to remember that Lincoln did not fight the war to free the Slaves Indeed he was willing to put up with slavery if the Confederate States Returned,” he wrote (lack of punctuation and errant capitalization in the original, and throughout). “My great great grandfather Never owned slaves as best I can tell.”
Silberman’s post, which went out widely to scores of Court staff and judges, sat unanswered over the next day, until the first volley was sent back not by a fellow judge but by a clerk: courtroom employees who work directly with judges to research and write their opinions.
“Hi Judge Silberman,” began the career-risking reply-all email, “I am one of only five black law clerks in this entire circuit. However, the views I express below are solely my own,” they went on. “Since no one in the court’s leadership has responded to your message, I thought I would give it a try.”
[M]y maternal ancestors were enslaved in Mississippi. While the laws of this nation viewed my ancestors as property, I view them as hostages. In a hostage situation, when someone does something that leads to the freeing of the hostages, I am not sure if the hostages would be concerned as to whether the person that saved them, actually intended to save them. In this instance, as people considered to be property, my ancestors would not have been involved in the philosophical and political debates about Lincoln’s true intentions, or his view on racial equality. For them, and myself, race is not an abstract topic to be debated, so in my view anything that was built to represent white racial superiority, or named after someone who fought to maintain white supremacy (or the Southern economy of slavery), see Photo of Liberty Monument attached, should be removed from high trafficked areas of prominence and placed in museums where they can be part of lessons that put them in context. In your message, you talked about your ancestors, one that fought for the confederacy and one that fought for the Union. This seems to be a true example of a house divided. However, it is very clear what the Confederacy stood for. In 1861, at the Virginia secession convention, Henry L. Benning (for whom Fort Benning is named) in explaining the reasoning for Georgia’s decision to secede from the United States stated, “[it] was a conviction … that a separation from the North was the only thing that could prevent the abolition of her slavery…[I]t is probable that the white race, being superior in every respect, may push the other back.” Unfortunately, in this scenario, no matter how bravely your uncle fought for the Confederacy, the foundation of his fight was a decision that he agreed more with the ideals of the Confederacy, than he did with those of the Union. And in the end, he chose the losing side of history. Finally, I will note that the current movement to rename Government owned facilities is in line with your previous opinions on the importance of names and what they represent. In 2005, you publicly advocated for the removal of J. Edgar Hoover’s name from the FBI Building due to the problematic material you came across in your review of his FBI files after his death. You equated it to the Defense Department being named for Aaron Burr. In view of your opinion of J. Edgar Hoover’s history and your advocacy for renaming the FBI building because of the prominence it provides Hoover’s legacy, it is very strange that you would be against renaming our military facilities, since the legacy of the Confederacy represents the same thing. This moment of confronting our nation’s racial history is too big to be disregarded based on familial ties.
The correspondence was provided to The Intercept by a member of the Court staff on the condition the identity of the clerk (who was not the source) and judges who replied be kept confidential.
Photo: Wikimedia Commons
The ice broken, others weighed in, with two federal district judges, both of them black as well, replying all to thank the clerk for their thoughtful note. A third worked to do clean up for Silberman, noting that, while he couldn’t speak for Silberman, perhaps he only meant to refer to the possibility that the legislation may have applied not just to base names, but also to gravesites.
Indeed, during the debate over the amendment, which took place behind closed doors, Sen. Tom Cotton, R-Ark., offered an amendment that would exempt graves and monuments, a source familiar with the discussions said. Warren pushed back, arguing that an exception for monuments would be far too broad and could become a loophole that undermined the requirement, but she agreed that there was no need to rename gravesites themselves.
The drowning Silberman lunged for the olive branch. “Thank you for your thoughtful message,” he wrote the clerk in a reply all, saying the other judge’s interpretation was “absolutely correct; my concern was limited to cemeteries.” Silberman didn’t explain why he needed to suggest the Civil War wasn’t really about slavery if he had such a minor objection. Silberman did not immediately respond to a message left at his chambers.
Two more judges weighed in on the clerk’s behalf as the afternoon went on. “Yes — thank you,” wrote one district judge. “It also appears that Senator Warren’s amendment to the annual defense bill that seeks to rename certain Defense Department Assets has advanced in the Senate, and is receiving bipartisan support.”
“I know it took courage to send such an email — I am grateful you shared your very important voice and views with me,” a circuit court judge replied.
Silberman’s attack on Warren followed a similar attack by President Donald Trump last week, when he referred to the Massachusetts senator as a “seriously failed presidential candidate.”
Seriously failed presidential candidate, Senator Elizabeth “Pocahontas” Warren, just introduced an Amendment on the renaming of many of our legendary Military Bases from which we trained to WIN two World Wars. Hopefully our great Republican Senators won’t fall for this! — Donald J. Trump (@realDonaldTrump) June 11, 2020
The week before last, Warren privately filed an amendment to order the military to remove the names of Confederates, giving one year to form a commission and rename them. The amendment was to be attached to the National Defense Authorization Act, a must-pass piece of legislation that is debated by senators behind closed doors.
Warren first posted about her amendment on Tuesday, but it wasn’t until the measure was being considered in executive session the next day that Trump began tweeting, presumably having been tipped off by somebody involved in the debate.
Cotton was the most vocal opponent of the amendment, but at least two Republicans on the committee, Sens. Joni Ernst and Mike Rounds, were supportive, enough to give Warren the votes she needed. It carried by voice vote.
Silberman’s rapid climb down shows how thoroughly progressives have won the debate over Confederate monuments more broadly. The art of the wedge amendment, like the one Warren introduced, is an ancient Senate tradition, even if its most effective practitioners in recent years have been Republicans, who have perfected the crafting of writing amendments designed to inflame racial and other social tensions. Forcing Democrats to defend undocumented felons is a favorite ploy. While progressive Democrats have little problem voting to support universal rights regardless of who it covers, those running in swing districts often balk or side with Republicans.
Democrats, far more of a multiracial coalition than the mostly white GOP, have struggled to turn cultural issues into a wedge to drive into the opposing party. That more so reflects a lack of opportunity than some hesitation to use the tactic. Now that LGBTQ rights are broadly accepted as a cultural norm, Democrats are only too happy to attack Republicans on the issue.
Last week, amid protests against systemic racism and police violence, Democrats found a new one, and exploited it to a rather remarkable political advantage over Trump. On Monday evening, Politico reported that the Army secretary and defense secretary were both “open” to a bipartisan discussion about renaming 10 bases named after Confederate officers who betrayed their nation and led an insurrection against the United States in order to defend the institution of slavery. Many, as well, are considered to have been poor military commanders, irrespective of their treason. Perhaps most absurdly, one base, Fort Pickett, is named for the commander of the most disastrous charge of the war at the Battle of Gettysburg.
The fact that some 10 bases around the country are named for leaders of a failed rebellion has long bubbled as a concern for those aware enough to make the connection between, say, the iconic Fort Bragg in North Carolina and Braxton Bragg, a major slave owner widely considered to be one of the worst Confederate generals in terms of sheer competence. Rep. Gregory Meeks, D-N.Y., has long advocated for stripping the names of rebels away from military bases.
Warren’s initial measure gave the military one year to make the change; the amended version gives it three years. It would apply to Forts Bragg, Benning, Gordon, Pickett, A.P. Hill, Lee, Polk, Beauregard, Hood, and Rucker, as well as any streets, ships, aircraft, or other assets named after rebel leaders.


theintercept--2020-06-19--Two Brooklyn Lawyers Accused of Throwing Molotov Cocktails Are the Public Face of Trump Administrati

Two Brooklyn Lawyers Accused of Throwing Molotov Cocktails Are the Public Face of Trump Administration's Crackdown on Dissent

George Floyd by Minneapolis police in late May ignited protests in cities and towns across the United States .
These largely peaceful demonstrations have been punctuated by acts of violence , frequently committed by the police themselves .
But other incidents of both violence and property destruction have also been reported .
Among them was the case of two young Brooklyn lawyers accused of burning the dashboard of a New York Police Department cruiser — a case that has become a flashpoint in the Trump administration ’ s legal and public relations response to the protests .
Urooj Rahman , @ @ @ @ @ @ @ , are accused by the government of tossing a Molotov cocktail through the broken window of an empty police cruiser in the Fort Greene neighborhood of Brooklyn , New York .
The alleged incident , said to have been caught on video , took place during the early hours of May 30 , amid the wave of protests .
The government has not suggested that Rahman and Mattis harmed anyone or intended to do so .
According to reports , the empty police cruiser had already been vandalized and damaged amid rioting in @ @ @ @ @ @ @ which failed to ignite properly , burned part of the driver ’ s console in the abandoned vehicle .
Yet the potential punishments they now face for tossing the incendiary are staggering .
Following a raft of new charges announced by federal prosecutors last week , the two lawyers — neither of whom have previous criminal records — now face a mandatory minimum of nearly half a century in prison if convicted of the charges .
The maximum penalty in the case is life imprisonment .
“ If you consider what these individuals @ @ @ @ @ @ @ Molotov cocktail into an already abandoned police vehicle and charring its dashboard — the potential punishments are clearly wildly disproportionate , ” said Lara Bazelon , a professor and director of the Criminal Juvenile Justice and Racial Justice Clinical Programs at the University of San Francisco School of Law .
“ They are facing a mandatory minimum of 45 years in prison if convicted .
A judge sentencing them would have no choice but to give them that amount of time.
” Rahman and Mattis ’ s cases have drawn attention in part @ @ @ @ @ @ @ nature : two well-educated young lawyers who allegedly engaged in an act of symbolic revolution against a marker of police authority .
But the case now seems to be transforming into something darker : a tool for the Trump administration to send a message to its political opponents .
The government recently took the extraordinary step of appealing the accused ’ s bail conditions and sending them back into pretrial custody , a decision more common for prosecutions of violent organized crime and terrorism .
The move prompted 56 former federal prosecutors to @ @ @ @ @ @ @ With the administration ominously vowing to “ dominate the streets , ” even relatively innocuous acts of rebellion like property damage now stand to be punished with the most draconian legal tools available to the federal government .
across the country have been detained amid the protests .
But very few of these cases have come to public prominence the way that Rahman and Mattis ’ s have .
In some respects , their backgrounds may seem atypical of many of those detained in recent weeks .
Mattis is the son of a @ @ @ @ @ @ @ impoverished Brooklyn neighborhood of East New York and went on to practice corporate law in Manhattan after graduating from Princeton and New York University .
Rahman , the daughter of working-class Pakistani immigrants in Brooklyn , is a public interest lawyer in the Bronx .
( A disclosure : I encountered Rahman at past social gatherings in New York City , though we have never spoken . )
A steady stream of provocative leaks to local tabloid news outlets following the arrests has helped make the pair widely known .
An edited excerpt @ @ @ @ @ @ @ to an independent news outlet on the night of the alleged incident was published by the New York Daily News , in which Rahman seemed to make threats of harm against police officers .
The unedited version of the interview , which appeared on the YouTube page of the news site LoudLeaks , seemed to adjust the meaning of what she had said : Rather than harming officers , Rahman appeared to be referring to property damage against police department equipment as an inevitable consequence of unpunished police abuses .
The sensationalism of @ @ @ @ @ @ @ actual details of the case .
Although the alleged crime the pair committed was against an abandoned , already vandalized car — rather than innocent people — breathless reporting has described the case in terms of incomprehensible violent radicalization .
Though the cases appear to have no connection , the Department of Justice announced the charges against Rahman and Mattis along with the arrest of another woman , Samantha Shader , who is facing more serious accusations of throwing a Molotov cocktail at an NYPD cruiser in which several officers were actually sitting @ @ @ @ @ @ @ the government announced the additional , more serious charges in all three cases .
Experts said that these new charges , which brought along the severe mandatory minimum sentences , significantly change the dynamics of the case .
Faced with mandatory minimums of decades in jail if convicted at trial , defendants often feel pressured to plead guilty to even the most unfair charges if it ultimately means spending less time behind bars .
“ Mandatory minimums are often criticized for being used by prosecutors to create leverage for plea bargaining and also @ @ @ @ @ @ @ against minorities , ” said Fiona Doherty , a professor and director of the Jerome N. Frank Legal Services Organization at Yale Law School .
“ It completely shifts the power dynamics of the case , because it allows the prosecution to effectively determine sentences and takes power out of the hands of a judge who might weigh the charges against other factors.
” up the draconian legal moves in this case as a bid to reestablish “ law and order.
” But , like most instances in which that phrase is invoked @ @ @ @ @ @ @ to be undergirding the government effort .
In this case , it appears to be a public relations move in keeping with the politics of President Donald Trump ’ s administration .
In a June 4 press release , Attorney General Bill Barr laid down a marker for how the administration planned to respond to the ongoing national unrest .
Barr ’ s statement acknowledged the apparent injustice of Floyd ’ s killing , but also darkly warned of “ extremist agitators who are hijacking the protests to pursue their own separate and @ @ @ @ @ @ @ raised the specter of foreign involvement in the protests , mentioning the alleged role of antifa , an amorphous decentralized movement that Trump has threatened to designate as a domestic terrorist group .
( Police and federal agents interrogating protesters have invoked antifa in their lines of questioning . )
Lacking clear targets , it seems that the administration latched onto the case of Rahman and Mattis to construct a public narrative about who has been protesting and why .
Trump , his son Donald Trump Jr. , and Republican Sen. Marco Rubio @ @ @ @ @ @ @ on social media , helping amplify the political importance of prosecution .
By all accounts , the Trump administration is going to incredible lengths to involve itself in the case , elevating it from the state to federal level based on the strained argument that the New York Police Department engages in interstate commerce by importing its cruisers from outside of New York .
Legal observers said that the Trump administration is likely playing a role in the prosecution ’ s extremely punitive approach , pushing for the harshest possible charges , sentences @ @ @ @ @ @ @ you look at the offenses alleged against Ms. Rahman and Mr. Mattis , normally you ’ d expect them to be tried under state law in state court , ” said Ramzi Kassem , a City University of New York School of Law professor and founder of the Creating Law Enforcement Accountability & Responsibility project .
“ The fact that the federal government has bent over backwards to find a federal-jurisdictional hook for such cases is intended to send a chilling message to activists.
” Kassem also drew a contrast between the administration @ @ @ @ @ @ @ and the punishments meted out to cops actually accused of killings .
“ The Trump Justice Department ’ s aggressive approach towards cases involving protesters only further highlights its indifference towards police violence , ” he said .
“ You can compare the zeal with which Trump ’ s prosecutors are fighting to keep these two people behind bars for an alleged property crime with the tepid efforts they ’ ve mounted to investigate police officers who have killed unarmed black people .
That should tell you everything you need to know about @ @ @ @ @ @ @ administration.
” in Rahman and Mattis ’ s case is scheduled for June 23 .
In the meantime , the allegations against them continue to take on political connotations wildly disproportionate to the stated facts of the case .
While the administration has not claimed that Rahman and Mattis were involved in any broader foreign or domestic terrorist movement , Trump-aligned extremist media operatives appear to have taken the hint to make their own linkages , fomenting increasingly wild conspiracy theories about the defendants ’ connections .
The fervor building around this case @ @ @ @ @ @ @ furor , remains about an incident of alleged property damage — suggests to some experts that politics is railroading basic standards of judicial fairness .
“ Prosecutors are not supposed to be beholden to politics , but the way in which this case is being handled suggests an approach that is highly politicized , ” said Vincent Southerland , executive director of the Center on Race , Inequality , and the Law at New York University ’ s law school .
“ In addition to the extremely harsh potential sentences , it is @ @ @ @ @ @ @ to go to this extent to appeal the granting of bail .
Altogether it suggests that the government is trying to make an example out of these people to send a message to the public — a message of fear with regards to the people taking part in these protests .
”

The killing of George Floyd by Minneapolis police in late May ignited protests in cities and towns across the United States. These largely peaceful demonstrations have been punctuated by acts of violence, frequently committed by the police themselves. But other incidents of both violence and property destruction have also been reported. Among them was the case of two young Brooklyn lawyers accused of burning the dashboard of a New York Police Department cruiser — a case that has become a flashpoint in the Trump administration’s legal and public relations response to the protests.
Urooj Rahman, 31, and Colinford Mattis, 32, are accused by the government of tossing a Molotov cocktail through the broken window of an empty police cruiser in the Fort Greene neighborhood of Brooklyn, New York. The alleged incident, said to have been caught on video, took place during the early hours of May 30, amid the wave of protests.
The government has not suggested that Rahman and Mattis harmed anyone or intended to do so. According to reports, the empty police cruiser had already been vandalized and damaged amid rioting in Brooklyn that night. The device, which failed to ignite properly, burned part of the driver’s console in the abandoned vehicle.
“If you consider what these individuals are accused of doing — throwing a Molotov cocktail into an already abandoned police vehicle and charring its dashboard — the potential punishments are clearly wildly disproportionate.”
Yet the potential punishments they now face for tossing the incendiary are staggering. Following a raft of new charges announced by federal prosecutors last week, the two lawyers — neither of whom have previous criminal records — now face a mandatory minimum of nearly half a century in prison if convicted of the charges. The maximum penalty in the case is life imprisonment.
“If you consider what these individuals are accused of doing – throwing a Molotov cocktail into an already abandoned police vehicle and charring its dashboard — the potential punishments are clearly wildly disproportionate,” said Lara Bazelon, a professor and director of the Criminal Juvenile Justice and Racial Justice Clinical Programs at the University of San Francisco School of Law. “They are facing a mandatory minimum of 45 years in prison if convicted. A judge sentencing them would have no choice but to give them that amount of time.”
Rahman and Mattis’s cases have drawn attention in part due to the story’s sensational nature: two well-educated young lawyers who allegedly engaged in an act of symbolic revolution against a marker of police authority. But the case now seems to be transforming into something darker: a tool for the Trump administration to send a message to its political opponents. The government recently took the extraordinary step of appealing the accused’s bail conditions and sending them back into pretrial custody, a decision more common for prosecutions of violent organized crime and terrorism. The move prompted 56 former federal prosecutors to file an amicus brief in protest.
With the administration ominously vowing to “dominate the streets,” even relatively innocuous acts of rebellion like property damage now stand to be punished with the most draconian legal tools available to the federal government.
Photos: Courtesy of Salmah Rizvi
Thousands of people across the country have been detained amid the protests. But very few of these cases have come to public prominence the way that Rahman and Mattis’s have. In some respects, their backgrounds may seem atypical of many of those detained in recent weeks. Mattis is the son of a Jamaican immigrant who grew up in the impoverished Brooklyn neighborhood of East New York and went on to practice corporate law in Manhattan after graduating from Princeton and New York University. Rahman, the daughter of working-class Pakistani immigrants in Brooklyn, is a public interest lawyer in the Bronx. (A disclosure: I encountered Rahman at past social gatherings in New York City, though we have never spoken.)
A steady stream of provocative leaks to local tabloid news outlets following the arrests has helped make the pair widely known. An edited excerpt from a four-minute video interview Rahman gave to an independent news outlet on the night of the alleged incident was published by the New York Daily News, in which Rahman seemed to make threats of harm against police officers. The unedited version of the interview, which appeared on the YouTube page of the news site LoudLeaks, seemed to adjust the meaning of what she had said: Rather than harming officers, Rahman appeared to be referring to property damage against police department equipment as an inevitable consequence of unpunished police abuses.
The sensationalism of the story seems to have outrun the actual details of the case. Although the alleged crime the pair committed was against an abandoned, already vandalized car — rather than innocent people — breathless reporting has described the case in terms of incomprehensible violent radicalization.
Though the cases appear to have no connection, the Department of Justice announced the charges against Rahman and Mattis along with the arrest of another woman, Samantha Shader, who is facing more serious accusations of throwing a Molotov cocktail at an NYPD cruiser in which several officers were actually sitting. In a statement last week, the government announced the additional, more serious charges in all three cases.
Experts said that these new charges, which brought along the severe mandatory minimum sentences, significantly change the dynamics of the case. Faced with mandatory minimums of decades in jail if convicted at trial, defendants often feel pressured to plead guilty to even the most unfair charges if it ultimately means spending less time behind bars.
“Mandatory minimums are often criticized for being used by prosecutors to create leverage for plea bargaining and also because they happen to be disproportionately wielded against minorities,” said Fiona Doherty, a professor and director of the Jerome N. Frank Legal Services Organization at Yale Law School. “It completely shifts the power dynamics of the case, because it allows the prosecution to effectively determine sentences and takes power out of the hands of a judge who might weigh the charges against other factors.”
One might chalk up the draconian legal moves in this case as a bid to reestablish “law and order.” But, like most instances in which that phrase is invoked, a healthy dose of politics seems to be undergirding the government effort. In this case, it appears to be a public relations move in keeping with the politics of President Donald Trump’s administration.
In a June 4 press release, Attorney General Bill Barr laid down a marker for how the administration planned to respond to the ongoing national unrest. Barr’s statement acknowledged the apparent injustice of Floyd’s killing, but also darkly warned of “extremist agitators who are hijacking the protests to pursue their own separate and violent agenda.” The Attorney General raised the specter of foreign involvement in the protests, mentioning the alleged role of antifa, an amorphous decentralized movement that Trump has threatened to designate as a domestic terrorist group. (Police and federal agents interrogating protesters have invoked antifa in their lines of questioning.)
Lacking clear targets, it seems that the administration latched onto the case of Rahman and Mattis to construct a public narrative about who has been protesting and why. Trump, his son Donald Trump Jr., and Republican Sen. Marco Rubio have all promoted news of the case on social media, helping amplify the political importance of prosecution. By all accounts, the Trump administration is going to incredible lengths to involve itself in the case, elevating it from the state to federal level based on the strained argument that the New York Police Department engages in interstate commerce by importing its cruisers from outside of New York.
Legal observers said that the Trump administration is likely playing a role in the prosecution’s extremely punitive approach, pushing for the harshest possible charges, sentences, and pretrial treatment.
“The fact that the federal government has bent over backwards to find a federal-jurisdictional hook for such cases is intended to send a chilling message to activists.”
“When you look at the offenses alleged against Ms. Rahman and Mr. Mattis, normally you’d expect them to be tried under state law in state court,” said Ramzi Kassem, a City University of New York School of Law professor and founder of the Creating Law Enforcement Accountability & Responsibility project. “The fact that the federal government has bent over backwards to find a federal-jurisdictional hook for such cases is intended to send a chilling message to activists.”
Kassem also drew a contrast between the administration’s treatment of anti-police brutality protesters and the punishments meted out to cops actually accused of killings. “The Trump Justice Department’s aggressive approach towards cases involving protesters only further highlights its indifference towards police violence,” he said. “You can compare the zeal with which Trump’s prosecutors are fighting to keep these two people behind bars for an alleged property crime with the tepid efforts they’ve mounted to investigate police officers who have killed unarmed black people. That should tell you everything you need to know about the hierarchy of values within the Trump administration.”
The next hearing in Rahman and Mattis’s case is scheduled for June 23. In the meantime, the allegations against them continue to take on political connotations wildly disproportionate to the stated facts of the case. While the administration has not claimed that Rahman and Mattis were involved in any broader foreign or domestic terrorist movement, Trump-aligned extremist media operatives appear to have taken the hint to make their own linkages, fomenting increasingly wild conspiracy theories about the defendants’ connections.
The fervor building around this case — which, beneath the escalating public furor, remains about an incident of alleged property damage — suggests to some experts that politics is railroading basic standards of judicial fairness.
“Prosecutors are not supposed to be beholden to politics, but the way in which this case is being handled suggests an approach that is highly politicized,” said Vincent Southerland, executive director of the Center on Race, Inequality, and the Law at New York University’s law school. “In addition to the extremely harsh potential sentences, it is exceedingly rare for the Department of Justice to go to this extent to appeal the granting of bail. Altogether it suggests that the government is trying to make an example out of these people to send a message to the public — a message of fear with regards to the people taking part in these protests.”


theintercept--2020-06-19--Armed Vigilantes Antagonizing Protesters Have Received a Warm Reception From Police

Albuquerque City Council candidate who ran on a tough-on-crime platform shot a protester at an anti-police brutality demonstration on Monday and was arrested alongside members of a right-wing militia group .
The shooting is an extreme example of a trend that has played out across the country as armed vigilantes pledging to protect property have shown up at protests — in many cases with encouragement or even explicit collaboration from law enforcement .
The shooter , Steven Ray Baca , had been intimidating protesters planning to topple a statue of the murderous Spanish conquistador Juan de Oñate outside the Albuquerque @ @ @ @ @ @ @ quest by members of the New Mexico Civil Guard , a militia group that emerged in the wake of coronavirus-related shutdowns .
Baca , who was recently named a board member of the Albuquerque Tea Party , claims to have family in law enforcement and has led pro-police activism in the past .
Amid protests over a police killing in 2014 , he created a Facebook page in support of Albuquerque officers and told a reporter that he had an uncle with the department .
A profile of Baca from his 2019 run @ @ @ @ @ @ @ the son of a former Bernalillo County sheriff ’ s deputy .
In a tweet , the sheriff ’ s office said , “ His father worked for the agency nearly twenty years ago , but was no longer an employee of BCSO as of 2001.
” But Baca behaved as if his father still wielded influence , according to Nicholas Soto , a protester who witnessed the shooting .
After firing his weapon , Soto said , Baca asked law enforcement to call his dad , whom he said was with the @ @ @ @ @ @ @ opened fire , protesters were pulling a chain looped around Oñate ’ s neck , preparing to tear down a sculpture viewed as a symbol of genocide and racism .
Members of the New Mexico Civil Guard stood watch carrying assault weapons , ostensibly to protect the monument .
Suddenly , the cheers gave way to shouts .
Baca threw a woman to the ground , then strode away from the crowd .
When protesters chased after him , a scuffle broke out .
“ He ’ s going to fucking kill you @ @ @ @ @ @ @ gunshots pierced the air .
Several of the bullets hit protester Scott Williams in the torso .
With Williams bleeding in the street , the New Mexico Civil Guard members formed a protective circle around Baca , their weapons ready .
When law enforcement arrived , officers created a second ring around the militia , according to a video provided by another witness .
After detaining the shooter and several militia members , officers fired tear gas and flash-bang grenades at the distraught crowd .
“ The police handled the New Mexico Civil @ @ @ @ @ @ @ with care , to make sure they didn ’ t get injured , while they were on the opposite side trying to target Black and Indigenous people , ” said Soto .
Williams , the victim , was in critical but stable condition as of Wednesday night , according to the local news station KRQE .
As the uprisings that followed the police killing of George Floyd in Minneapolis spread across the country , far-right counterprotesters have mobilized in large cities like Chicago , as well as small towns like Bethel , Ohio @ @ @ @ @ @ @ the Boogaloo , Oath Keepers , and Three Percenters .
Others are local supporters of police .
The warm police reception they have received stands in stark contrast to the violent treatment law enforcement has dealt Black Lives Matter demonstrators .
Two weeks before the shooting in Albuquerque , the city ’ s police were caught on film encouraging men in tactical gear preparing to guard property against police brutality protesters .
The Institute for Research and Education on Human Rights , which tracks white supremacist and far-right groups , has counted nearly @ @ @ @ @ @ @ at protests in the United States over the past few weeks .
Alexander Reid Ross , a researcher at the Center for Analysis of the Radical Right and author of “ Against the Fascist Creep , ” separately counted scores of such appearances , 12 of which involved police collaboration or support .
Many officials , including President Donald Trump , have repeatedly blamed protest violence on the anti-fascist movement known as antifa and the “ radical left.
” But the violence in Albuquerque isn ’ t the first instance of right-wing vigilantes @ @ @ @ @ @ @ protests .
On June 2 , federal prosecutors in Nevada charged three members of the Boogaloo movement , which seeks to accelerate collapse of the political system via civil unrest , with conspiracy to damage and destroy by fire and explosives .
An Army Reserve member and two military veterans were allegedly headed to downtown Las Vegas with gas canisters and Molotov cocktails .
On Tuesday , federal prosecutors in California charged a U.S. Air Force sergeant linked to the Boogaloo with murder for killing a federal security officer near a courthouse in @ @ @ @ @ @ @ for killing a sheriff ’ s deputy in Santa Cruz County .
Trump ’ s racist statements and praise of white supremacists over the course of his presidency have emboldened right-wing extremist groups , according to organizations that track their rise .
Nonetheless , experts have been shocked at the number of vigilante incidents and reactionary counterprotests over the past few weeks .
“ I expected a backlash , ” Ross said , “ but the extent is mind-boggling.
” The United States has a long history of vigilantes working with police and @ @ @ @ @ @ @ people .
As European Americans violently settled Indigenous territories , the U.S. government offered rewards for the scalps of those they sought to displace .
In the Jim Crow South , violent mobs lynched thousands of Black Americans , often advertising the killings in the newspaper ahead of time .
Police sometimes attended , and many of the victims were political activists .
“ There ’ s a very close connection historically between the police and vigilantes in the United States , ” said Noël Cazenave , a sociologist at the University of @ @ @ @ @ @ @ Americans : Police and Vigilante Violence as a Racial Control Mechanism.
” Vigilante mobs tend to flare up in reaction to a perceived increase in the power held by Black people , he said .
In the Jim Crow South , the trigger was abolition ; today it is the movement for Black lives .
“ Such violence is a way of keeping Black people in ‘ their place , ’ ” Cazenave added .
That close relationship has endured .
In the wake of President Barack Obama ’ s election , militia @ @ @ @ @ @ @ group , the Oath Keepers , is made up of current and former military and law enforcement members who believe they have a duty to protect citizens from tyrannical U.S. government actions , such as confiscating guns .
A 2017 investigation by The Intercept revealed a classified FBI counterterrorism guide that stated , “ Domestic terrorism investigations focused on militia extremists , white supremacist extremists , and sovereign citizen extremists often have identified active links to law enforcement officers.
” An interactive map showing appearances by vigilantes and far-right extremists at police brutality @ @ @ @ @ @ @ killing of George Floyd .
In April and May , with Trump ’ s encouragement , many groups began organizing around the issue of reopening the economy amid lockdowns imposed to prevent the spread of Covid-19 .
“ The reopen protests became a recruiting ground for these folks to start coming together and concocting more horrific plots , ” said Devin Burghart , executive director of the Institute for Research and Education on Human Rights .
Burghart draws a direct line between Trump ’ s rhetoric and the appearance of far-right groups and @ @ @ @ @ @ @ .
“ They are in many respects echoing the words that they hear coming from the president , ” he said .
After a police officer murdered Floyd on Memorial Day , protests broke out across the U.S. , some involving extensive property damage and looting .
In the early morning hours of May 29 , Trump tweeted , “ When the looting starts , the shooting starts , ” calling Minneapolis protesters “ THUGS.
” As the protests endured , he blamed chaos on antifa and the “ radical left ” and @ @ @ @ @ @ @ a “ terrorist organization , ” a dubious claim considering that antifa is not an organization , and the U.S. government has no mechanism to designate domestic groups as “ terrorist organizations.
” Nevertheless , Attorney General William Barr chimed in .
“ Groups of outside radicals and agitators are exploiting the situation to pursue their own separate , violent , and extremist agenda , ” he claimed .
“ The violence instigated and carried out by antifa and other similar groups in connection with the rioting is domestic terrorism and will be @ @ @ @ @ @ @ followed , rumors flourished on social media that busloads of antifa actors were headed to small communities across the U.S .
The rumors were repeatedly proven to be false .
Twitter suspended an account that claimed to be run by antifa supporters but turned out to be associated with the white supremacist group Identity Evropa .
But the damage was already done .
“ Virtually everywhere major counterprotests emerged over the last two weeks , they involved reaction to rumors and speculation about antifa based on disinformation spread through social media and other @ @ @ @ @ @ @ In many communities , police and public officials encouraged the pushback .
A day after Trump ’ s tweet about looting and shooting , Constable John Shirley of Hood County , Texas , posted a “ Call to Action ” in an Oath Keepers Facebook group accessed by the Institute for Research and Education on Human Rights .
Shirley called for adherents to provide protection at Dallas ’ s Salon à la Mode , which had defied the governor ’ s order to shut down in response to the pandemic , and encouraged @ @ @ @ @ @ @ pistols .
“ We are now in a Global War on Antifa , ” Shirley declared in a second Facebook post .
In communities in the Pacific Northwest , meanwhile , public officials welcomed “ local boys ” who poured into the streets to defend against rumored busloads of antifa .
In Snohomish , Washington , the mayor applauded the armed men who guarded the city ’ s downtown on May 31 , some waving the Confederate flag .
Many drank alcohol as they stood watch , and the police chief characterized the @ @ @ @ @ @ @ tailgating .
Following a backlash from community members , the chief was demoted .
The next day , June 1 , a bystander filmed an officer in Salem , Oregon , approaching armed white men to request that they stay out of sight when curfew hit , so that police wouldn ’ t look bad for not arresting them .
“ My command wanted me to come talk to you guys and request that you guys discreetly stay inside the buildings or in your vehicles , somewhere where it ’ s not a @ @ @ @ @ @ @ look like we ’ re playing favorites , ” the officer said .
As in Dallas , the men were guarding a salon that had become associated with the reopen movement .
( It also had support from the far-right Patriot Prayer group . )
In response to outcry over the video , the Salem police chief released his own video message apologizing for the perception of unequal treatment .
A similar example of police inaction came that same night in Philadelphia ’ s Fishtown neighborhood .
Jill St.Clair was out with her @ @ @ @ @ @ @ a mob of white men carrying bats , shovels , and nightsticks .
When St.Clair pulled out her phone to record , one of the men lunged at her , wielding a bat , and spewed a string of profanities .
“ Pussy ass bitch , ” he yelled .
Then he rejoined the others and ran down the street toward Fishtown ’ s 26th Precinct .
Distraught , St.Clair called 911 .
According to a detailed account she posted on Instagram immediately after the incident , the operator insisted that the situation @ @ @ @ @ @ @ pushed , the operator transferred her to the 26th Precinct , where St.Clair said an officer told her that she should be grateful that the men were protecting her neighborhood .
“ He kept insisting that I was part of the problem , ” she said .
Two other residents who called 911 that night reported similar reactions from operators .
The Philadelphia Police Department declined to swiftly process a right-to-know request for 911 call records , citing closures connected to Covid-19 .
A public information officer said that the department ’ s @ @ @ @ @ @ @ in Fishtown and declined to comment further .
By the time the men dispersed , they had beaten at least three bystanders .
A video posted by a vigilante named Justin Haskell showed him talking to a police officer , who gently asked Haskell ’ s group to go home so they could arrest people across the street .
Philadelphia Police Commissioner Danielle Outlaw later said , “ We do not endorse or condone any form of vigilante justice.
” But a similar scene played out last weekend , when a mob formed @ @ @ @ @ @ @ city .
Police stood by as vigilantes assaulted Chris Schiano , a reporter with the video outfit Unicorn Riot .
Police Capt .
Louis Campione then asked the injured Schiano to leave , accusing him of inciting a riot .
The department subsequently reassigned Campione .
A spokesperson said that his reassignment was not related to the incident at the statue , but vigilantes nonetheless staged a demonstration to protest the department ’ s move .
“ We ’ ve seen some glaring examples ” of police collaboration , said Burghart .
“ @ @ @ @ @ @ @ ve handled Black Lives Matter activists .
Peaceful Black Lives Matter activists have had the weapons of war on them.
” Constable Shirley of Texas wasn ’ t the only officer promoting the Oath Keepers in the wake of Floyd ’ s murder .
The day after vigilantes took over Fishtown , a sheriff ’ s deputy policing a George Floyd protest in Costa Mesa , California , was caught on camera wearing a distinctive patch .
Attached to his tactical vest , the patch depicted the Three Percenters symbol and read “ @ @ @ @ @ @ @ militia group ’ s name refers to the idea that it only took 3 percent of colonial settlers to overthrow the British during the Revolutionary War .
The sheriff denounced the officer ’ s action and put him on leave while the department investigated his behavior .
In Chicago on June 3 , men carrying baseball bats and golf clubs guarded the border between the historically white Bridgeport and historically black Bronzeville neighborhoods .
Police officers stood nearby , attempting to control traffic as a protest took place in front of the Bronzeville @ @ @ @ @ @ @ with the men but then spotted officers socializing with the group .
Police scanner recordings reviewed by a reporter with the South Side Weekly reportedly captured an officer saying the individuals were “ neighborhood people just trying to protect the neighborhood.
” Bridgeport , like many communities across the country , has a long history of white men violently enforcing neighborhood boundaries to keep Black people out .
The trend continued into a third week of protests against police violence .
In Oklahoma last week , one sheriff put out a call for @ @ @ @ @ @ @ s posse ” to “ aid in safeguarding lives and property.
” In Idaho , a former Shoshone County sheriff ’ s deputy used a private Facebook group to promote a militia-style response to protests in the area .
And at a protest in the town of Bethel , Ohio , this past Sunday , hundreds of armed men rode in on motorcycles , wearing Confederate flags and Trump hats , to beat up participants , as police reportedly stood by and watched .
The Bethel police chief later condemned the violence , @ @ @ @ @ @ @ officers were outnumbered .
Several militia groups have claimed to be collaborating directly with police .
The Facebook page of the Three Percenters – Original said that its Utah chapter coordinated with the Salt Lake City police to set up an emergency perimeter around a police command post at the request of officers .
A public information officer for the department told The Intercept that there was no such collaboration .
In Georgetown , Texas , and Palmer , Alaska , members of militia groups claimed that public officials approved of offers to @ @ @ @ @ @ @ , the officials denied the claims .
In New Mexico , earlier appearances by the New Mexico Civil Guard sparked little apparent concern among the authorities .
On June 1 , video emerged of an Albuquerque police officer offering a pep talk to men in military garb ahead of a demonstration against police brutality .
The men were apparently working with Ultimate Fighting Champion mixed martial artist Jon Jones to stop any attempts to damage buildings .
“ If you guys see something , holler , but take care of each other and @ @ @ @ @ @ @ , ” the police officer told them .
The New Mexico Civil Guard , which describes its mission as providing “ rapid local lawful response to emergency and dangerous situations , ” was among the armed men spotted confronting demonstrators in the city that night .
Nick Estes , an American studies professor at the University of New Mexico , was walking to a community center with friends and activists when two armed men bolted toward them .
One reached in his pants .
“ I was like , ‘ Hey , what @ @ @ @ @ @ @ you trying to pull a gun on us ?
’ ” Estes recalled .
He noticed a larger group of armed individuals gathered nearby .
The man apologized and explained that he thought they were breaking in .
Estes noted that he and his friends were “ a big group of Natives ” outside the Larry Casuse Freedom Center , an organizing space for Albuquerque ’ s Native community .
The people inside the building , it turned out , had shut off all the lights out of fear that the armed men @ @ @ @ @ @ @ Officers were overheard on a police scanner the next day describing “ armed friendlies ” posted on rooftops near the protest , according to a report by the local radio station KUNM .
A member of the New Mexico Patriots , a group that pledges to “ uphold the Constitution , ” told the station that they had coordinated with police about monitoring the protests .
“ We ’ ve worked with APD for many years now , ” he said .
The Albuquerque Police Department denied any coordination with the Patriots and @ @ @ @ @ @ @ s words of support , stating , “ We also discourage the presence of armed civilians at protests , which has the potential to escalate violence , not prevent it.
” In the wake of Monday ’ s shooting , Albuquerque Police Chief Mike Geier said in a statement , “ We are receiving reports about vigilante groups possibly instigating this violence .
If this is true , we will be holding them accountable to the fullest extent of the law , including federal hate group designation and prosecution.
” The Bernalillo County @ @ @ @ @ @ @ for throwing the woman on the ground , two misdemeanor counts of battery for striking two other individuals , and unlawful carrying of a concealed gun .
District Attorney Raul Torrez dropped charges for the shooting , however , citing an incomplete investigation and missteps by the Albuquerque Police Department , including their failure to preserve the crime scene .
“ There were tactics that were used by the Albuquerque Police Department that made it impossible for key witnesses to the event to actually make statements , ” he noted , referencing “ @ @ @ @ @ @ @ the firing of tear gas and other crowd control weapons , and the presence of an undercover officer in the crowd .
He turned the investigation over to the New Mexico State Police in hopes that members of the public would be more comfortable speaking with an outside agency .
Torrez said he ’ d uncovered no links between Baca and the New Mexico Civil Guard members , who were released .
The group also said that he is not a member , although they defended him as a “ Hispanic victim ” @ @ @ @ @ @ @ violence on antifa .
Baca ’ s attorney indicated that he would claim self-defense .
Estes sees the presence of vigilantes at protests as a continuation of the long history of violent racism in the U.S. Juan de Oñate became governor of New Mexico in the 16th century after brutally subjugating the people native to the area .
When members of the Acoma Pueblo refused to pay a food tax and killed Oñate ’ s nephew in an ensuing altercation , Oñate massacred hundreds , cutting off the hands and feet of many @ @ @ @ @ @ @ Oñate from New Mexico .
But monuments to the disgraced despot can still be found throughout the state .
“ These New Mexico Civil Guard people , as well as these white militias around the country , understand these histories , and they are willing to shoot people to defend these histories , ” Estes said .
“ The significance of the statue is that it just shows that this colonial violence is ongoing and that there ’ s a deep investment in the glory of conquest that led to the settlement of @ @ @ @ @ @ @ the shooting , Albuquerque Mayor Tim Keller swiftly removed the monument .
He said that the city would “ determine next steps , ” adding , “ This sculpture has now become an urgent matter of public safety.
” Estes was unimpressed .
The mayor should have acted much sooner , he said .
“ There have been multiple reports in local news media by grassroots organizers that these fascists are coming around and harassing people .
There have been calls to take down these Oñate statues for generations.
” Anti-police brutality organizers @ @ @ @ @ @ @ the Albuquerque Police Department , he added .
Keller has not committed to that .

A former Albuquerque City Council candidate who ran on a tough-on-crime platform shot a protester at an anti-police brutality demonstration on Monday and was arrested alongside members of a right-wing militia group. The shooting is an extreme example of a trend that has played out across the country as armed vigilantes pledging to protect property have shown up at protests — in many cases with encouragement or even explicit collaboration from law enforcement.
The shooter, Steven Ray Baca, had been intimidating protesters planning to topple a statue of the murderous Spanish conquistador Juan de Oñate outside the Albuquerque Museum. He was joined in this quest by members of the New Mexico Civil Guard, a militia group that emerged in the wake of coronavirus-related shutdowns.
Baca, who was recently named a board member of the Albuquerque Tea Party, claims to have family in law enforcement and has led pro-police activism in the past. Amid protests over a police killing in 2014, he created a Facebook page in support of Albuquerque officers and told a reporter that he had an uncle with the department. A profile of Baca from his 2019 run for city council notes that he is the son of a former Bernalillo County sheriff’s deputy. In a tweet, the sheriff’s office said, “His father worked for the agency nearly twenty years ago, but was no longer an employee of BCSO as of 2001.” But Baca behaved as if his father still wielded influence, according to Nicholas Soto, a protester who witnessed the shooting. After firing his weapon, Soto said, Baca asked law enforcement to call his dad, whom he said was with the sheriff’s office.
Nearly 200 appearances by vigilantes and far-right extremists have been counted at protests over the past few weeks.
Before Baca opened fire, protesters were pulling a chain looped around Oñate’s neck, preparing to tear down a sculpture viewed as a symbol of genocide and racism. Members of the New Mexico Civil Guard stood watch carrying assault weapons, ostensibly to protect the monument. Suddenly, the cheers gave way to shouts. Baca threw a woman to the ground, then strode away from the crowd. When protesters chased after him, a scuffle broke out. “He’s going to fucking kill you!” a bystander screamed before four gunshots pierced the air. Several of the bullets hit protester Scott Williams in the torso.
With Williams bleeding in the street, the New Mexico Civil Guard members formed a protective circle around Baca, their weapons ready. When law enforcement arrived, officers created a second ring around the militia, according to a video provided by another witness. After detaining the shooter and several militia members, officers fired tear gas and flash-bang grenades at the distraught crowd.
“The police handled the New Mexico Civil Guard and the gentleman very gingerly, with care, to make sure they didn’t get injured, while they were on the opposite side trying to target Black and Indigenous people,” said Soto. Williams, the victim, was in critical but stable condition as of Wednesday night, according to the local news station KRQE.
As the uprisings that followed the police killing of George Floyd in Minneapolis spread across the country, far-right counterprotesters have mobilized in large cities like Chicago, as well as small towns like Bethel, Ohio. Some are members of groups like the Boogaloo, Oath Keepers, and Three Percenters. Others are local supporters of police. The warm police reception they have received stands in stark contrast to the violent treatment law enforcement has dealt Black Lives Matter demonstrators. Two weeks before the shooting in Albuquerque, the city’s police were caught on film encouraging men in tactical gear preparing to guard property against police brutality protesters.
The Institute for Research and Education on Human Rights, which tracks white supremacist and far-right groups, has counted nearly 200 appearances by vigilantes and far-right extremists at protests in the United States over the past few weeks. Alexander Reid Ross, a researcher at the Center for Analysis of the Radical Right and author of “Against the Fascist Creep,” separately counted scores of such appearances, 12 of which involved police collaboration or support.
Many officials, including President Donald Trump, have repeatedly blamed protest violence on the anti-fascist movement known as antifa and the “radical left.” But the violence in Albuquerque isn’t the first instance of right-wing vigilantes being criminally charged for actions during recent protests. On June 2, federal prosecutors in Nevada charged three members of the Boogaloo movement, which seeks to accelerate collapse of the political system via civil unrest, with conspiracy to damage and destroy by fire and explosives. An Army Reserve member and two military veterans were allegedly headed to downtown Las Vegas with gas canisters and Molotov cocktails. On Tuesday, federal prosecutors in California charged a U.S. Air Force sergeant linked to the Boogaloo with murder for killing a federal security officer near a courthouse in Oakland. He was also charged separately for killing a sheriff’s deputy in Santa Cruz County.
Trump’s racist statements and praise of white supremacists over the course of his presidency have emboldened right-wing extremist groups, according to organizations that track their rise. Nonetheless, experts have been shocked at the number of vigilante incidents and reactionary counterprotests over the past few weeks. “I expected a backlash,” Ross said, “but the extent is mind-boggling.”
A History of Collaboration
The United States has a long history of vigilantes working with police and government officials to oppress Black and Indigenous people. As European Americans violently settled Indigenous territories, the U.S. government offered rewards for the scalps of those they sought to displace. In the Jim Crow South, violent mobs lynched thousands of Black Americans, often advertising the killings in the newspaper ahead of time. Police sometimes attended, and many of the victims were political activists.
“There’s a very close connection historically between the police and vigilantes in the United States,” said Noël Cazenave, a sociologist at the University of Connecticut and author of “Killing African Americans: Police and Vigilante Violence as a Racial Control Mechanism.” Vigilante mobs tend to flare up in reaction to a perceived increase in the power held by Black people, he said. In the Jim Crow South, the trigger was abolition; today it is the movement for Black lives. “Such violence is a way of keeping Black people in ‘their place,’” Cazenave added.
That close relationship has endured. In the wake of President Barack Obama’s election, militia and anti-government groups proliferated. One prominent group, the Oath Keepers, is made up of current and former military and law enforcement members who believe they have a duty to protect citizens from tyrannical U.S. government actions, such as confiscating guns. A 2017 investigation by The Intercept revealed a classified FBI counterterrorism guide that stated, “Domestic terrorism investigations focused on militia extremists, white supremacist extremists, and sovereign citizen extremists often have identified active links to law enforcement officers.”
An interactive map showing appearances by vigilantes and far-right extremists at police brutality protests in the United States since the killing of George Floyd. Map: Alexander Reid Ross
In April and May, with Trump’s encouragement, many groups began organizing around the issue of reopening the economy amid lockdowns imposed to prevent the spread of Covid-19. “The reopen protests became a recruiting ground for these folks to start coming together and concocting more horrific plots,” said Devin Burghart, executive director of the Institute for Research and Education on Human Rights. Burghart draws a direct line between Trump’s rhetoric and the appearance of far-right groups and white vigilantes at Black Lives Matter protests. “They are in many respects echoing the words that they hear coming from the president,” he said.
After a police officer murdered Floyd on Memorial Day, protests broke out across the U.S., some involving extensive property damage and looting. In the early morning hours of May 29, Trump tweeted, “When the looting starts, the shooting starts,” calling Minneapolis protesters “THUGS.” As the protests endured, he blamed chaos on antifa and the “radical left” and stated that he would be designating antifa a “terrorist organization,” a dubious claim considering that antifa is not an organization, and the U.S. government has no mechanism to designate domestic groups as “terrorist organizations.”
Nevertheless, Attorney General William Barr chimed in. “Groups of outside radicals and agitators are exploiting the situation to pursue their own separate, violent, and extremist agenda,” he claimed. “The violence instigated and carried out by antifa and other similar groups in connection with the rioting is domestic terrorism and will be treated accordingly.”
In the days that followed, rumors flourished on social media that busloads of antifa actors were headed to small communities across the U.S. The rumors were repeatedly proven to be false. Twitter suspended an account that claimed to be run by antifa supporters but turned out to be associated with the white supremacist group Identity Evropa.
But the damage was already done. “Virtually everywhere major counterprotests emerged over the last two weeks, they involved reaction to rumors and speculation about antifa based on disinformation spread through social media and other online platforms,” said Ross. In many communities, police and public officials encouraged the pushback.
Special Treatment for White Vigilantes
A day after Trump’s tweet about looting and shooting, Constable John Shirley of Hood County, Texas, posted a “Call to Action” in an Oath Keepers Facebook group accessed by the Institute for Research and Education on Human Rights. Shirley called for adherents to provide protection at Dallas’s Salon à la Mode, which had defied the governor’s order to shut down in response to the pandemic, and encouraged current and former law enforcement to carry pistols. “We are now in a Global War on Antifa,” Shirley declared in a second Facebook post.
In communities in the Pacific Northwest, meanwhile, public officials welcomed “local boys” who poured into the streets to defend against rumored busloads of antifa. In Snohomish, Washington, the mayor applauded the armed men who guarded the city’s downtown on May 31, some waving the Confederate flag. Many drank alcohol as they stood watch, and the police chief characterized the armed gathering as a celebratory night of tailgating. Following a backlash from community members, the chief was demoted.
The next day, June 1, a bystander filmed an officer in Salem, Oregon, approaching armed white men to request that they stay out of sight when curfew hit, so that police wouldn’t look bad for not arresting them. “My command wanted me to come talk to you guys and request that you guys discreetly stay inside the buildings or in your vehicles, somewhere where it’s not a violation, so we don’t look like we’re playing favorites,” the officer said. As in Dallas, the men were guarding a salon that had become associated with the reopen movement. (It also had support from the far-right Patriot Prayer group.) In response to outcry over the video, the Salem police chief released his own video message apologizing for the perception of unequal treatment.
“My command wanted me to come talk to you guys and request that you guys discreetly stay inside the buildings or in your vehicles, somewhere where it’s not a violation, so we don’t look like we’re playing favorites.”
A similar example of police inaction came that same night in Philadelphia’s Fishtown neighborhood. Jill St.Clair was out with her boyfriend walking her dog when she encountered a mob of white men carrying bats, shovels, and nightsticks. When St.Clair pulled out her phone to record, one of the men lunged at her, wielding a bat, and spewed a string of profanities. “Pussy ass bitch,” he yelled. Then he rejoined the others and ran down the street toward Fishtown’s 26th Precinct.
Distraught, St.Clair called 911. According to a detailed account she posted on Instagram immediately after the incident, the operator insisted that the situation was not an emergency. When St.Clair pushed, the operator transferred her to the 26th Precinct, where St.Clair said an officer told her that she should be grateful that the men were protecting her neighborhood. “He kept insisting that I was part of the problem,” she said. Two other residents who called 911 that night reported similar reactions from operators. The Philadelphia Police Department declined to swiftly process a right-to-know request for 911 call records, citing closures connected to Covid-19. A public information officer said that the department’s internal affairs unit is investigating the events in Fishtown and declined to comment further.
By the time the men dispersed, they had beaten at least three bystanders. A video posted by a vigilante named Justin Haskell showed him talking to a police officer, who gently asked Haskell’s group to go home so they could arrest people across the street. Philadelphia Police Commissioner Danielle Outlaw later said, “We do not endorse or condone any form of vigilante justice.” But a similar scene played out last weekend, when a mob formed at a Christopher Columbus statue in the city. Police stood by as vigilantes assaulted Chris Schiano, a reporter with the video outfit Unicorn Riot. Police Capt. Louis Campione then asked the injured Schiano to leave, accusing him of inciting a riot. The department subsequently reassigned Campione. A spokesperson said that his reassignment was not related to the incident at the statue, but vigilantes nonetheless staged a demonstration to protest the department’s move.
“We’ve seen some glaring examples” of police collaboration, said Burghart. “Compare this to the way they’ve handled Black Lives Matter activists. Peaceful Black Lives Matter activists have had the weapons of war on them.”
Photo: Adolphe Pierre-Louis/The Albuquerque Journal via AP
Constable Shirley of Texas wasn’t the only officer promoting the Oath Keepers in the wake of Floyd’s murder. The day after vigilantes took over Fishtown, a sheriff’s deputy policing a George Floyd protest in Costa Mesa, California, was caught on camera wearing a distinctive patch. Attached to his tactical vest, the patch depicted the Three Percenters symbol and read “Oath Keeper.” The anti-government Three Percenter militia group’s name refers to the idea that it only took 3 percent of colonial settlers to overthrow the British during the Revolutionary War. The sheriff denounced the officer’s action and put him on leave while the department investigated his behavior.
In Chicago on June 3, men carrying baseball bats and golf clubs guarded the border between the historically white Bridgeport and historically black Bronzeville neighborhoods. Police officers stood nearby, attempting to control traffic as a protest took place in front of the Bronzeville police precinct. Residents complained of confrontations with the men but then spotted officers socializing with the group. Police scanner recordings reviewed by a reporter with the South Side Weekly reportedly captured an officer saying the individuals were “neighborhood people just trying to protect the neighborhood.” Bridgeport, like many communities across the country, has a long history of white men violently enforcing neighborhood boundaries to keep Black people out.
The trend continued into a third week of protests against police violence. In Oklahoma last week, one sheriff put out a call for volunteers to join a “sheriff’s posse” to “aid in safeguarding lives and property.” In Idaho, a former Shoshone County sheriff’s deputy used a private Facebook group to promote a militia-style response to protests in the area. And at a protest in the town of Bethel, Ohio, this past Sunday, hundreds of armed men rode in on motorcycles, wearing Confederate flags and Trump hats, to beat up participants, as police reportedly stood by and watched. The Bethel police chief later condemned the violence, adding that his department’s six officers were outnumbered.
Several militia groups have claimed to be collaborating directly with police. The Facebook page of the Three Percenters – Original said that its Utah chapter coordinated with the Salt Lake City police to set up an emergency perimeter around a police command post at the request of officers. A public information officer for the department told The Intercept that there was no such collaboration. In Georgetown, Texas, and Palmer, Alaska, members of militia groups claimed that public officials approved of offers to assist law enforcement. In both cases, the officials denied the claims.
“Armed Friendlies” in Albuquerque
In New Mexico, earlier appearances by the New Mexico Civil Guard sparked little apparent concern among the authorities. On June 1, video emerged of an Albuquerque police officer offering a pep talk to men in military garb ahead of a demonstration against police brutality. The men were apparently working with Ultimate Fighting Champion mixed martial artist Jon Jones to stop any attempts to damage buildings. “If you guys see something, holler, but take care of each other and take care of the people of Albuquerque,” the police officer told them. The New Mexico Civil Guard, which describes its mission as providing “rapid local lawful response to emergency and dangerous situations,” was among the armed men spotted confronting demonstrators in the city that night.
Nick Estes, an American studies professor at the University of New Mexico, was walking to a community center with friends and activists when two armed men bolted toward them. One reached in his pants. “I was like, ‘Hey, what the fuck are you doing? Are you trying to pull a gun on us?’” Estes recalled. He noticed a larger group of armed individuals gathered nearby.
The man apologized and explained that he thought they were breaking in. Estes noted that he and his friends were “a big group of Natives” outside the Larry Casuse Freedom Center, an organizing space for Albuquerque’s Native community. The people inside the building, it turned out, had shut off all the lights out of fear that the armed men would break in and shoot them.
Officers were overheard on a police scanner the next day describing “armed friendlies” posted on rooftops near the protest, according to a report by the local radio station KUNM. A member of the New Mexico Patriots, a group that pledges to “uphold the Constitution,” told the station that they had coordinated with police about monitoring the protests. “We’ve worked with APD for many years now,” he said.
The Albuquerque Police Department denied any coordination with the Patriots and issued a statement disavowing the officer’s words of support, stating, “We also discourage the presence of armed civilians at protests, which has the potential to escalate violence, not prevent it.”
In the wake of Monday’s shooting, Albuquerque Police Chief Mike Geier said in a statement, “We are receiving reports about vigilante groups possibly instigating this violence. If this is true, we will be holding them accountable to the fullest extent of the law, including federal hate group designation and prosecution.”
The Bernalillo County prosecutor charged Baca with felony aggravated battery for throwing the woman on the ground, two misdemeanor counts of battery for striking two other individuals, and unlawful carrying of a concealed gun. District Attorney Raul Torrez dropped charges for the shooting, however, citing an incomplete investigation and missteps by the Albuquerque Police Department, including their failure to preserve the crime scene. “There were tactics that were used by the Albuquerque Police Department that made it impossible for key witnesses to the event to actually make statements,” he noted, referencing “actions to restore order,” presumably the firing of tear gas and other crowd control weapons, and the presence of an undercover officer in the crowd. He turned the investigation over to the New Mexico State Police in hopes that members of the public would be more comfortable speaking with an outside agency.
Photo: Paul Ratje/AFP/Getty Images
Torrez said he’d uncovered no links between Baca and the New Mexico Civil Guard members, who were released. The group also said that he is not a member, although they defended him as a “Hispanic victim” on their Facebook page, blaming the violence on antifa. Baca’s attorney indicated that he would claim self-defense.
Estes sees the presence of vigilantes at protests as a continuation of the long history of violent racism in the U.S. Juan de Oñate became governor of New Mexico in the 16th century after brutally subjugating the people native to the area. When members of the Acoma Pueblo refused to pay a food tax and killed Oñate’s nephew in an ensuing altercation, Oñate massacred hundreds, cutting off the hands and feet of many survivors. The Spanish government ultimately banished Oñate from New Mexico. But monuments to the disgraced despot can still be found throughout the state.
“These New Mexico Civil Guard people, as well as these white militias around the country, understand these histories, and they are willing to shoot people to defend these histories,” Estes said. “The significance of the statue is that it just shows that this colonial violence is ongoing and that there’s a deep investment in the glory of conquest that led to the settlement of this land.”
In the wake of the shooting, Albuquerque Mayor Tim Keller swiftly removed the monument. He said that the city would “determine next steps,” adding, “This sculpture has now become an urgent matter of public safety.”
Estes was unimpressed. The mayor should have acted much sooner, he said. “There have been multiple reports in local news media by grassroots organizers that these fascists are coming around and harassing people. There have been calls to take down these Oñate statues for generations.” Anti-police brutality organizers’ central demand remains significant defunding of the Albuquerque Police Department, he added. Keller has not committed to that.