Wednesday, September 02, 2020


Why the 'Protocols of the Elders of Zion' is still pushed by anti-Semites more than a century after hoax first circulated


Stephen Whitfield, Professor of American Civilization, Brandeis University,
The Conversation•September 2, 2020
Mary Ann Mendoza was pulled as a speaker at the RNC after tweeting a link to an anti-Semitic thread. AP Photo/Evan Vucci

An anti-Semitic hoax more than a century old reared its ugly head again as the Republican National Convention was underway last week.

Mary Ann Mendoza, a member of the advisory board of President Trump’s reelection campaign, was due to speak on Aug. 25. But she was suddenly pulled from the schedule after she had retweeted a link to a conspiracy theory about Jewish elites plotting to take over the world.

In her now-deleted tweet, Mendoza urged her roughly 40,000 followers to read a lengthy thread that warned of a plan to enslave the “goyim,” or non-Jews. It included fevered denunciations of the historically wealthy Jewish family, the Rothschilds, as well as the top target of right-wing extremism today, the liberal Jewish philanthropist George Soros.

The thread also made reference to one of the most notorious hoaxes in modern history: “The Protocols of the Elders of Zion.” As a scholar of American Jewish history, I know how durable this document has been as a source of the belief in Jewish conspiracies. The fact that it is still making the rounds within the fringe precincts of the political right today is testament to the longevity of this fabrication.- ADVERTISEMENT -

Fake news

Surely no outright forgery in modern history has ever proved itself more durable. In the early 20th century, the Protocols were concocted by Tsarist police known as the Okhrana, drawing upon an obscure 1868 German novel, “Biarritz,” in which mysterious Jewish leaders meet in a Prague cemetery.

This fictional cabal aspires for power over entire nations through currency manipulation and seeks ideological domination by disseminating fake news. In the novel, the Devil listens sympathetically to the reports that representatives of the tribes of Israel present, describing the havoc and subversion that they have wrought, and the destruction that is yet to come.

The Okhrana – “protection” in Russian – worked for what was then the most powerful anti-Semitic regime in Europe and wanted to use the hoax to discredit revolutionary forces hostile to the reactionary policies and religious mysticism of Tsarist rule.

The document became a global phenomenon only about two decades after the Okhrana’s fabrication. Widespread publication and republication coincided with both the influenza pandemic of 1918-20 and the aftermath of the Bolshevik Revolution in 1917 – both of which stirred fears of obscure forces that menaced social control.

Scapegoating Jews for disease and political unrest was nothing new. Medieval Jews had been massacred in the wake of accusations of having poisoned wells and spreading plagues.

But a century ago, the crisis in public health probably mattered less than the Communists’ seizure of power in Russia, which, if unchecked, might overwhelm the political order that the Great War had destabilized. That some of the revolutionary leaders were of Jewish birth seemed to reinforce the predictions of the Protocols.

Tsar Nicholas II, the last of the Romanovs, was known to have read the Protocols before being executed by the Bolsheviks in 1918. In the following year, Hitler delivered his first recorded speech, in which he depicted an international conspiracy of Jews – of all Jews – to weaken and poison the Aryan race and to extinguish German culture.

Hitler himself was unsure of the authenticity of the Protocols – a question of verification that may not have mattered all that much to the Nazis. The Führer told one of his early associates that the Protocols were “immensely instructive” in exposing what the Jews could accomplish in terms of “political intrigue,” and in demonstrating their skill at “deception [and] organization.”

‘Americanized’ conspiracy

In the U.S., the hoax was given a wide distribution by the most admired businessman of his time: Henry Ford. By 1920, Ford had “Americanized” the forged document as “The International Jew: The World’s Foremost Problem.” It ran as excerpts in his newspaper, the Dearborn Independent, for 91 straight weeks. “The International Jew” was translated into 16 languages.
Henry Ford published anti-Semitic conspiracies. Library of Congress

Though Jewish communal leadership mounted a lawsuit that forced the auto magnate to issue a retraction in 1927, the malignant hatred behind the Protocols continued to seep into the public conversation.

In the 1930s, the popular anti-New Deal “radio priest” Charles E. Coughlin excerpted the Protocols in his newspaper, Social Justice. But Father Coughlin was wary about endorsing its accuracy, and merely stated that it might be of “interest” to his readers.
History as conspiracy

Why is it that this demonstrably false document continues to hold sway today?

Perhaps the simplest explanation is human irrationality, which neither education nor enlightenment has ever managed to defeat.

The willingness to believe in the fantasy of a surreptitious Jewish stranglehold on the international economy and on mass media also validates the insight of the Columbia University historian Richard Hofstadter. He traced in political extremism of both right and left an apocalyptic strain and a belief in an imminent confrontation between good and absolute evil.

Hofstadter was well aware that conspiracies punctuate the annals of the past. But especially for those Americans who hanker for the security of a settled way of life, political paranoia is tempting, such as the belief – as Hofstadter wrote – that “history is a conspiracy,” in which unseen forces are the shadowy driving mechanisms of human destiny.

Because anti-Semitism has survived nearly a couple of millennia, no form of prejudice has yet found a more vivid place in the imagination. And the fact that no international Jewish conspiracy was ever located has never depleted the power of the Protocols to tap into subterranean currents of demonization.
From the Rothschilds to Soros

What sustains the influence of the Protocols among cranks and extremists is not the language of the text itself – which few of them are likely to have fully read in its various versions – but what this forgery purports to underscore, which is the astonishingly cunning influence of Jews in modern history.

The Protocols thus have no importance in themselves; they are spurious. But they do bestow precision upon apocalyptic fears, which could not survive without some ingredient of plausibility – however wildly far-fetched.

[Get our best science, health and technology stories. Sign up for The Conversation’s science newsletter.]

The Rothschild family was pivotal to the emergence of finance capitalism in 19th-century Europe. The family firm had branches in Germany, France, Austria, Italy and England, which lent credence to the charge of “cosmopolitanism” during an era of rising nationalism. The boom-and-bust oscillations of the economy generated not only misery but also grievances against financiers who seemed to benefit from such uncertainties.

Today, Soros, a Hungarian-born, British-educated American Jew, has become an especially hated figure for the far-right. Among the world’s canniest investors, he has spent billions of dollars promoting progressive causes. He seems to personify what Ford called “the international Jew.”

Venom against minorities other than Jews has not resulted in any equivalent to the Protocols. Judeophobia produced a specious documentation that bigotry against no other minority has ever elicited. Perhaps the very explicitness of the Protocols helps strengthen the suspicion that majority beliefs and interests are under attack, and keeps this dangerous form of anti-Semitism alive.

This article is republished from The Conversation, a nonprofit news site dedicated to sharing ideas from academic experts.

Read more:

Anti-Semitism in the US today is a variation on an old theme

America’s dark history of organized anti-Semitism re-emerges in today’s far-right groups


Stephen Whitfield does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.
#PARDONSNOWDEN
U.S. court: Mass surveillance program exposed by Snowden was illegal


Raphael Satter, Reuters•September 2, 2020


(Reuters) - Seven years after former National Security Agency contractor Edward Snowden blew the whistle on the mass surveillance of Americans' telephone records, an appeals court has found the program was unlawful - and that the U.S. intelligence leaders who publicly defended it were not telling the truth.

In a ruling handed down on Wednesday, the U.S. Court of Appeals for the Ninth Circuit said the warrantless telephone dragnet that secretly collected millions of Americans' telephone records violated the Foreign Intelligence Surveillance Act and may well have been unconstitutional.
Snowden, who fled to Russia in the aftermath of the 2013 disclosures and still faces U.S. espionage charges, said on Twitter that the ruling was a vindication of his decision to go public with evidence of the National Security Agency's domestic eavesdropping operation.-

"I never imagined that I would live to see our courts condemn the NSA's activities as unlawful and in the same ruling credit me for exposing them," Snowden said in a message posted to Twitter.

Evidence that the NSA was secretly building a vast database of U.S. telephone records - the who, the how, the when, and the where of millions of mobile calls - was the first and arguably the most explosive of the Snowden revelations published by the Guardian newspaper in 2013.

Up until that moment, top intelligence officials publicly insisted the NSA never knowingly collected information on Americans at all. After the program's exposure, U.S. officials fell back on the argument that the spying had played a crucial role in fighting domestic extremism, citing in particular the case of four San Diego residents who were accused of providing aid to religious fanatics in Somalia.
U.S. officials insisted that the four - Basaaly Saeed Moalin, Ahmed Nasir Taalil Mohamud, Mohamed Mohamud, and Issa Doreh - were convicted in 2013 thanks to the NSA's telephone record spying, but the Ninth Circuit ruled Wednesday that those claims were "inconsistent with the contents of the classified record."

The ruling will not affect the convictions of Moalin and his fellow defendants; the court ruled the illegal surveillance did not taint the evidence introduced at their trial. Nevertheless, watchdog groups including the American Civil Liberties Union, which helped bring the case to appeal, welcomed the judges' verdict on the NSA's spy program.

"Today's ruling is a victory for our privacy rights," the ACLU said in a statement, saying it "makes plain that the NSA's bulk collection of Americans' phone records violated the Constitution."

Protests erupt in Inner Mongolia over China's plans for teaching in Mandarin

IMPERIALISM THE HIGHEST STAGE OF CAPITALISM


Nicola Smith,The Telegraph•September 1, 2020
A protest in Mongolia about plans in neighbouring Inner Mongolia to introduce more Mandarin lessons in schools - Byambasuren Byamba-Ochir/AFP

Mass protests have erupted across northern China as tens of thousands of ethnic Mongolian students and their parents rally against government plans to phase out teaching in their language.

The rare display of dissent in the Inner Mongolian cities of Tongliao, Ordos and the regional capital, Hohhot, began last week in opposition to a move by Beijing to gradually shift the language of instruction in schools from Mongolian to Mandarin Chinese in three key subjects.

According to Radio Free Asia, pupils have boycotted classes and kneeling students at one school chanted: "Our language is Mongolian, and our homeland is Mongolia forever! Our mother tongue is Mongolian, and we will die for our mother tongue!"

Riot police have reportedly been dispatched to other schools across the region, with accounts of the authorities locking down campuses and pupils bursting through police cordons to join their demonstrating parents at the gates.


In one of the more disturbing RFA reports, a student is said to have died after jumping from the roof of his high school after seeing his mother detained.

For those doing terrific work on #Mongolia language protests: #UN #humanrights bodies have for 25 years pointed out #China govt failures to respect mother tongue education rights in multiple intl treaties the govt voluntarily joined. @hrw_chinese https://t.co/3lxDBTICXi
— Sophie Richardson (@SophieHRW) September 1, 2020

Social media posts show school pupils in blue and white tracksuits shouting slogans and their parents singing in the streets. Some ethnic Mongolians are believed to have been beaten by police, Mongolian-language social media groups shut down and books removed from shop shelves.

The autonomous region of Inner Mongolia was established in 1947, and the Mongol minority makes up about 17 percent of the 25 million strong population.

Public unrest is unusual in the region but the encroachment on the Mongolian language, which lies at the heart of the minority’s cultural identity, appears to have been a step too far.

The protests reflect turmoil elsewhere in China’s outer perimeter. The ruling Chinese Communist Party has been accused of trying to erase the unique cultural and ethnic identity of Tibetans, Uighur Muslims in Xinjiang, and to crack down on the autonomy of Hong Kong.

"The context of the [Mongolian] conflict are ethnic policies of the Chinese party-state which aim to overcome cultural and linguistic differences through forced assimilation,@ said Andreas Fulda, author of The Struggle for Democracy in Mainland China, Taiwan and Hong Kong: Sharp Power and Its Discontents.

“Instead of respecting the cultural autonomy of minority groups through bilingual education an increasingly totalitarian Chinese Communist Party seeks to socially engineer a mono-cultural race-state."

While China forces the Chinese language onto students in Inner Mongolia, Mongolian elders write back in protest. pic.twitter.com/u7032oyBSF
— Ungerni Khooloi (@Nicholastrad) August 31, 2020

A statement by the regional education bureau that the language changes will only apply to three subjects has done little to assuage fears.

According to the New York Times, the three subjects involved are language and literature, history, and politics.

Jonathan Sullivan, director of the China Policy Institute at the University of Nottingham, said that government policies billed as bringing economic development to areas like Xinjiang and Inner Mongolia had already eroded cultural ways and connections to their heritage.

“The byproducts of development policies – Han migration, intermarriage, environmental damage, economic marginalisation – have already weakened the sense of identity,” he said.

“The threat to language, even if the government insists in this case that bilingual education in some subjects will continue, targets one of the few remaining markers of identity and local culture - and a symbol of recognition and legitimation,” he added.

“The experiences of Tibet and Xinjiang demonstrate that autonomy in cultural matters cannot be taken for granted. Education is a pillar of nation building and key component of the authoritarian information order, which includes all media and cultural production.”

Residents in Kenosha are dismayed at law enforcement's response to the Jacob Blake shooting and protests: 'They just let the fires burn
'

Aisha I. Jefferson INSIDER•September 1, 2020
A destroyed structure following unrest after the police shooting of Jacob Blake in Kenosha, Wisconsin.

Aisha I. Jefferson


Several Kenosha, Wisconsin, residents told Insider they were disappointed in law enforcement's response following the police shooting of Jacob Blake last week.


During nights of civil unrest, parts of the city burned as armed citizens attempted to protect their properties from being destroyed.


A Kenosha County Sheriff's Department spokesman told Insider its deputies were "severely outnumbered."


One armed vigilante who said he was there to protect a boarded-up business has been charged with killing two protesters.

With President Donald Trump set to visit Kenosha, Wisconsin, on Tuesday, some residents wonder if more could've been done sooner to prevent the destruction and violence in their city after a white police officer shot a Black man in the back last week.

Since the Kenosha police officer Rusten Sheskey shot Jacob Blake on August 23, parts of the small city have transformed into a dystopian nightmare where several structures, including a used-car lot, were set ablaze. Many residences and businesses remain boarded up after several nights of unrest.

To deter vandals, some homes have messages spray-painted on their exterior indicating that children, elderly adults, or disabled people live there.


Aisha I. Jefferson

Rick Parker, 62, a longtime Kenosha resident, has spent the past week watching live video feeds of the demonstrations streamed on Facebook.- -

He believes a lot of the damage could've been avoided had law enforcement been better prepared.

"When all of the unrest was going on, I didn't see them doing anything," Parker told Insider. "They just let the fires burn."
A spokesman said the Kenosha County Sheriff's Department found itself 'severely outnumbered'
Burned vehicles at a used-car lot in Kenosha following unrest after Blake's shooting.

Aisha I. Jefferson

The civil unrest began the same day Blake was shot, with a few hundred demonstrators converging on a park across the street from the Kenosha County Courthouse.

The next night, August 24, more than a thousand demonstrators descended there again to face off with officers, according to Sgt. David Wright, a Kenosha County Sheriff's Department spokesman.

Though protests remained peaceful during the day, things took a turn at night despite a mandatory nightly curfew that has been in effect since the first night of protests.

Even with the 50 to 75 Wisconsin National Guard troops who came to assist that Monday, Wright said the local law enforcement found itself "severely outnumbered" by demonstrators protesting near the county courthouse and vandals who tore up the city.
A destroyed structure in Kenosha.

Aisha I. Jefferson

There are roughly 150 sheriff's deputies and about 200 police officers for the city of 100,000.

"We certainly did not have enough personnel to deal with that," Wright told Insider.

Critics who spoke with Insider said they believed Kenosha officials should've anticipated the chaos once video of Blake's shooting went viral, considering the current climate around racism and police brutality.
Law enforcement responding to protests against police brutality in Kenosha.

Aisha I. Jefferson

"The call for help should've went out within hours of that happening, especially when they knew there was a live video on Facebook going around. They made no call for help, and if they did, it didn't come fast enough," Parker said, adding that he didn't want to put them down for "being in over their heads."

Additional Wisconsin National Guard troops have been deployed to Kenosha, and Gov. Tony Evers has said troops from Michigan, Arizona, and Alabama will join them.

Agents from the US Marshals Service, the FBI, and the Bureau of Alcohol, Tobacco, Firearms and Explosives are among the "tremendous amount of resources" in Kenosha with guardsmen, Wright said.

Civilians were protecting their own properties with guns

Ray Bethke, a Kenosha native, said he "just wants peace" and "loves everybody" and was carrying guns to discourage vandals from damaging his rental properties.
Aisha I. Jefferson

Kenosha law enforcement was also criticized for interactions with armed civilians — many believed to be militia members — after video footage showed sheriff's deputies thanking them and offering them water.

During the first three nights of unrest before police reinforcement arrived, groups of armed civilians were patrolling the streets and protecting private businesses.

People in the open-carry state wielded handguns and long guns to protect their private properties.

Wright said he didn't know what the recorded conversations between deputies and the armed groups entailed but insisted that "deputies are friendly with everybody that they come in contact with" and would greet or "offer a bottle of water" to anybody needing it.
Some residents are frustrated Kyle Rittenhouse wasn't arrested the night of the protest shootings


      DISARM, DEMILITARISE, DEFUND, POLICE
Law enforcement responding to protests against police brutality in Kenosha.
Aisha I. Jefferson

Kyle Rittenhouse, the 17-year-old Illinois resident who was charged in the fatal shooting of two men Tuesday night, was among a group of armed civilians who sheriff's deputies were seen giving water to in a video.

Rittenhouse told The Daily Caller in a video interview that he was in Kenosha to protect a boarded-up business.

A gunman in a green shirt, identified as Rittenhouse, is seen in several videos The New York Times analyzed carrying a semiautomatic rifle and firing at demonstrators before approaching the police with his hands raised as people yelled that he shot people. Rittenhouse wasn't arrested and charged until the next morning.

Rittenhouse faces two counts of homicide and one count of attempted homicide in connection to the shooting of three men — two of whom have died. His extradition hearing, which was first scheduled for Friday, has been postponed until September 25. He is being held in the Lake County Judicial System in Illinois and is expected to plead not guilty.
Justin Webber — a Kenosha resident — and his family.
Aisha I. Jefferson

"I mean it's painful to see the armored trucks that he walks past and the police on the loudspeakers telling him to step aside. And this kid has an AR-15 strapped on his chest and everyone around him is just saying this kid just killed two people," Justin Webber, 38, who's lived in Kenosha for seven years, told Insider.

Parker said it's "crazy" that Rittenhouse wasn't taken into custody immediately after the shooting.

Kenosha County Sheriff David Beth said during a press conference Wednesday that he was unsure but speculated that the chaotic situation that night with people "screaming, hollering, and chanting" might have caused law officers to have "tunnel vision" and not focus on Rittenhouse.

Parker called Beth's explanation "a bunch of crap," adding that it's law enforcement's job to "know their surroundings and what's going on."
Rick Parker, a Kenosha resident.
Aisha I. Jefferson

Wright disagreed with the notion that deputies would have reacted the way they did if they suspected Rittenhouse of involvement in shootings.

"I certainly don't believe that if they knew he was involved, that they would have let him walked past," he said.
Kenosha's mayor says 'the city does not want armed individuals in the city, period'

Beth, the county sheriff, said he had refused requests by armed citizens that he deputize them.

"The city does not want armed individuals in the city, period," Mayor John Antaramian told Insider. "They should not be armed. They should not be here. We don't need militias."
A gas station boarded up and spray-painted following unrest in Kenosha.
Aisha I. Jefferson

The Kenosha police arrested 175 people between August 24 and Sunday afternoon, with 102 of them listing addresses outside Kenosha, according to a press release from the Kenosha Police Department. Sixty-nine people were arrested on curfew violations, and police officers seized more than 20 firearms.

Blake, 29, has a severed spinal cord and is paralyzed from the waist down. The Wisconsin Department of Justice identified Vincent Arenas and Brittany Meronek as two other officers who were present when Sheskey shot Blake. They've been put on administrative leave along with Sheskey.

None of the officers have been charged.

The Wisconsin Department of Criminal Investigation is handling the Blake shooting and will give its findings to the Kenosha County district attorney, who will determine whether Sheskey was justified in shooting Blake.

Wright acknowledged that people would most likely be angry whether Sheskey were charged or not and said his office would be prepared for any future unrest.


Read more:


A witness who saw Kenosha police shoot Jacob Blake says he was checking on his 3 kids when he went back to the car


Kenosha residents say the way police handled the 2 shootings this week tell you all you need to know about whether the city is racist


Biden accuses Trump of refusing to 'even acknowledge that there's a racial justice problem in America,' while Trump says he won't meet with Jacob Blake's family when he visits Kenosha


A timeline of the police shooting of Jacob Blake, which has reignited anti-racism protests nationwide

Read the original article on Insider

Lara Trump Campaigns With One Of America’s Most Vile Anti-Muslim Extremists


Christopher Mathias,
HuffPost•September 2, 2020

Lara Trump, an adviser to the presidential campaign of father-in-law Donald Trump, campaigned with one of America’s worst anti-Muslim bigots on Tuesday.

In a photo posted by a campaign official to Twitter on Wednesday, Lara Trump can be seen standing beside Laura Loomer, the Republican nominee for Congress in Florida’s 21st District, at a GOP event in Boca Raton.

Behind Trump and Loomer are campaign volunteers who can be seen holding up signs for both Donald Trump and Loomer.

Another photo shows Lara Trump bumping elbows with Loomer, one of the country’s most infamous anti-Muslim extremists, whose bigotry has earned her the dubious distinction of being banned from Twitter, Facebook, Instagram, PayPal, GoFundMe, Venmo, Uber, Lyft and Uber Eats.- -

She is, however, still allowed on the right-wing social media platform Parler, where on Tuesday Loomer posted a photo of herself standing with Lara Trump. The pair are smiling and pointing to a Loomer campaign sign.

The Trump campaign didn’t respond to multiple HuffPost requests for comment on Lara Trump’s appearance with Loomer.

Laura Loomer posted this photo on her Parler account. pic.twitter.com/Y2r8uFHKlv
— Alex Kaplan (@AlKapDC) September 2, 2020
Lara Trump, center, an adviser to her father-in-law's presidential campaign, poses for a photo with Laura Loomer, right, one of America's worst anti-Muslim bigots, at a Republican event in Boca Raton, Florida, on Sept. 1. Loomer recently won the GOP nomination for Congress in Florida's 21st District. (Photo: Twitter)More
Trump, left, bumps elbows with Loomer at the GOP event. (Photo: Twitter)

Loomer, 27, has been a far-right operative for years with stints as a correspondent for disreputable far-right conspiracy websites including InfoWars, Rebel Media and Project Veritas
.

Once, responding to news that many migrants crossing the Mediterranean in Europe were drowning, Loomer tweeted that she hoped “2,000 more” would die.
A GOP nominee for Congress. (Photo: Twitter)

She has called Islam a “cancer,” Muslims “savages,” and herself a “#ProudIslamophobe.”

“I DON’T CARE ABOUT CHRISTCHURCH,” Loomer wrote in a Telegram post after a white nationalist massacred 51 Muslims at two mosques in Christchurch, New Zealand.

According to Right Wing Watch, she has close ties to a Florida-based organization called The United West, which the Southern Poverty Law Center has designated an anti-Muslim hate group.

Loomer also has deep ties to white supremacists, and once posed for a photo with well-known fascist Richard Spencer.

It is not necessarily surprising that the Trump campaign would be supportive of an extremist like Loomer.

Trump himself, of course, is a raging Islamophobe who once called for a “complete and total shutdown” of Muslims entering the U.S.

Loomer’s campaign adviser Karen Giorno, who raised over $1 million to help Loomer win the Republican primary, worked as an adviser on Trump’s 2016 presidential campaign.

Loomer is widely expected to lose in the general election this November. Florida’s 21st District — which includes the president’s Mar-a-Lago resort — is heavily Democratic.

Related...

She Called Muslims ‘Savages’ And Islam A ‘Cancer.’ Now She’s A GOP Nominee.

2 QAnon Promoters Will Rally Voters For Trump At Official Events This Weekend

U.S. Faces A ‘Perfect Storm’ Of Political Violence Heading Into November Election

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This article originally appeared on HuffPost and has been updated.

Column: Trump is our first pro-vigilante president. Now stop and think about what that means

Harry Litman,
Los Angeles Times Opinion•September 2, 2020

President Trump tours an area in Kenosha, Wis., on Sept. 1, 2020. Both the city's mayor and Wisconsin's governor had asked him to stay away. (Evan Vucci / Associated Press )

President Trump took his discord-and-turmoil tour to Kenosha, Wis., on Tuesday, re-roiling a town that had calmed itself after a week of unrest.

Trump did not meet with the family of Jacob Blake, the Black man who was shot by a police officer seven times in the back, a stomach-turning act that the president likened to a golfer who misses a short putt.

By contrast, he offered supportive comments about Kyle Rittenhouse, the 17-year-old who drove to Kenosha from Illinois with an AR-15 to join the fray and wound up shooting three protesters, killing two. Rittenhouse has been charged with first-degree murder, but Trump made the public case that he was acting in self-defense.

Trump, along with Atty. Gen. Bill Barr, rolled into Kenosha — over the objections of the city’s mayor and Wisconsin Gov. Tony Evers, who told the president that “I am concerned your presence will only hinder our healing."-

Trump’s claim to being a law and order president would be risible were it not tragic. His presidency represents the antithesis of law and order. No president has been less respectful of law, both specific legislative enactments and the very concept of the rule of law, not of men.

Is it any wonder that chaos follows him like a bridal train? This is his governing strategy. But the aberration of his presidency goes much deeper than his phony lip service to law and order.

As his comments about Rittenhouse demonstrate, Trump encourages his supporters to take the law into their own hands. It serves his purposes to have them ignite a melee with Black Lives Matter protesters. Trump’s only campaign tactic left at this point, given the COVID-19 catastrophe, is to play out the lie that murderous left-wing mobs are amassing at the gates and only he can stop them.

He is our first pro-vigilante president.

Consider his many acts going back to the start of his term, beginning with his infamous reaction — “you also had very fine people on both sides” — after a car plowed into a group of counterprotesters at a huge white supremacist rally in Charlottesville, Va. Or his pardons of the Hammonds, who were convicted of setting fire to federal land, the case that inspired the Bundy family to lead an armed standoff against the federal government at the Malheur National Wildlife Refuge in Oregon. Or his commentary on the protests sparked by the killing of George Floyd in Minneapolis — “when the looting starts, the shooting starts.”

Or on Sunday, when he praised hundreds of supporters — he tweeted that they were “GREAT PATRIOTS” — who invaded Portland, Ore., in a terrifying caravan and shot paintballs and chemical irritants at protesters from the back of their trucks.

Rittenhouse has already become a hero for far-right websites frequented by Trump supporters, one of whom, in a tweet that Trump “liked,” called the accused murderer “a good example of why I decided to vote for Trump.”

Rep. Adam B. Schiff (D-Burbank) was right on the money when he said Trump “sees this violence, and his ability to agitate more of it, as useful to this campaign. What it does to the country, the loss of life, he doesn’t care.”

Trump’s embrace of vigilantism fits very well with his distinctly racist rhetoric. His desperate fiction is that his supporters, nearly all white, are peace-loving patriots, whereas the Black and brown victims of racism and police attacks are, in his dog-whistle descriptions, anarchists, rioters and criminals.

The facts are exactly to the contrary. A review of politically motivated attacks in the last 25 years by the Center for Strategic and International Studies determined that there were more than five times as many persons killed by right-wing violence as by left-wing violence. The anti-fascist movement antifa was linked to exactly one death over that period, and the person who died was the attacker.

Trump’s vigilantism is an astonishing full frontal attack on the state’s authority, as manifested in the law — which he is supposed to defend as the head of this administration. This fits nowhere within any identifiable strains of American political thought, such as conservatism or even a states’ rights ideology.

Instead, Trump’s ethos rejects the most basic tenet of civil society, namely the state’s monopoly on the legitimate use of violence. For political philosophers from Hobbes forward, this principle is foundational to ordered civilization.

There really is no precedent for Trump’s despicable stratagem among American presidents. To find one, we would have to consult the playbook of authoritarian thugs such as Viktor Orban or Vladimir Putin: Incite violence, including at the hands of your brown shirt faithful, blame it on the other (refugees, Jews, Crimean nationalists) and use it to justify strong-arm tactics.

For the president to promote outlaw tactics is beyond perverse. It is a direct assault on democratic rule. If Trump can succeed in winning reelection on these terms, we will lose, and may never reclaim, our status as a democracy governed by law.

@HarryLitman

Portland police missing in action against militias

PORTLAND POLICE PROMOTE MILITIA VIOLENCE


Caitlin Dickson and Melissa Rossi,
Yahoo News•September 2, 2020


In President Trump’s roster of crime-ridden, out-of-control Democratic cities, Portland, Ore., occupies a special place. Even meeting with local officials in Kenosha, Wis., on Tuesday, Trump devoted a good chunk of his remarks to the dystopia halfway across the country, where, he said, “I see it, every night it’s on the news, it’s burning.” The city of more than 650,000 has, indeed seen almost nightly protests, some peaceful and some violent, for more than three months, but until last weekend, no one had been killed in clashes among mobs from both sides of the spectrum, police and the federal law enforcement officers who were deployed there for several weeks in July to protect government property.

That changed on Saturday night, with the shooting death of a 39-year-old Portland man, Aaron J. Danielson — by a still-unidentified suspect who remains at large — signifying an even darker turn in the conflict, as the city has seemingly become a magnet for armed right-wing militias and left-wing agitators.

Trump himself was quick to blame his new go-to target, antifa “thugs,” a perception growing out of reports that the victim was a member or sympathizer of a Washington-based right-wing group known as Patriot Prayer, which participated in Saturday night’s noisy caravan of pickup trucks billed the “Trump 2020 Cruise Rally in Portland.” Reporters at the scene described seeing vehicles with out-of-state license plates, or plates covered with duct tape or removed altogether — while police stood by watching and directing traffic. That supports the conclusion by Michael German, a former FBI agent who specialized in domestic terrorism cases, that “the story that isn't being told is the escalation of violence from out-of-towners who come to Portland to wreak havoc and then go home, without police interference.”

German, now a fellow at Liberty & National Security Program of the Brennan Center for Justice, recently published a report on connections between law enforcement and white supremacist and far-right militant groups. The report highlights the history of Portland police officers with ties to white supremacists and racist groups. It concludes that the department’s failure to adequately address earlier allegations of white supremacist activity set the stage for the public to believe officers failed to do enough to control a series of violent rallies instigated by far-right militants and white supremacist groups starting in 2016.

Medics and police personnel surround the victim of a shooting in Portland, Ore., on Saturday night. (Courtesy of Sergio Olmos/Social Media via Reuters)

Saturday’s rally for Trump was just the latest in a series of gatherings over the past month that have resulted in violent clashes between far-right activists and armed militants on one side, and Black Lives Matter protesters and antifascist activists on the other.

The events, which have attracted many of the same far-right groups and individual activists that have been engaged in violent brawls in Portland in recent years, have renewed questions about the Portland Police’s apparently hands-off and even friendly approach to these groups — particularly contrasted to the treatment of participants in protests demanding police accountability, which have consistently been declared riots (a formal designation in Portland police protocol) and unlawful assemblies.

“Although those events have involved significant property damage at times, they have not involved firearms or rampant brawling among demonstrators,” the Washington Post noted in a report from Aug. 22 on violent clashes between leftist protesters and far-right participants in a “Back the Blue” rally, who came to Portland “armed with paintball guns, metal rods, aluminum bats, fireworks, pepper spray, rifles and handguns.”

In that instance, police reportedly remained at a distance while “the two groups sparred for more than two hours, as people exchanged blows, fired paintballs at each other and blasted chemicals indiscriminately into the crowd,” according to the Washington Post. “People lobbed fireworks back and forth. At least one person was hit in the abdomen with a device that flashed and exploded, causing bleeding.”

In a statement, the Portland Police Bureau offered a number of explanations for why they chose not to intervene in the violence, even though the event had met the criteria for a riot: the shortage of officers available to respond to the clashes, the danger to officers, and the fact that “each skirmish appeared to involve willing participants and the events were not enduring in time.”

German called that finding “astonishing” and said it showed both that police recognized “that their tactics escalate violence,” and a double standard for dealing with violence. The police, he said, are “acknowledging who is dangerous and using that as an excuse not to take action.”

“It’s not like they’re not known people,” he continued, pointing to the fact that many of the same people have been seen at far-right gatherings in the recent past, despite, in some cases, having “outstanding charges for previous protest violence.”

German said that by failing to prevent these violent incidents from occurring, “or at least enforce the law after the assaults appear on social media,” police in Portland have essentially granted permission for such violence to continue.

“If they are allowed to shoot pellets, bear spray and guns and ram their trucks into people they are only going to attract more violent people,” German said, predicting that “as long as the police don’t intervene, the Portland victims will begin to protect themselves.”

“This violence is going to escalate if police don’t change what they are doing,” he warned.

Alan Swinney uses a paintball gun at a protest against police brutality in Portland. (Maranie Staab/Reuters)

Laura Jedeed, a freelance reporter who has covered protests in Portland over the last four years, agrees that police are inflaming the situation.

“I’ve never witnessed the level and systemic amount of police brutality against protesters as I have in the past three months,” Jedeed told Yahoo News. She added that “There seems to be a real double standard” in who police are targeting.

“I don’t think they understand how angry this town is.”

Jedeed was one of the first Portlanders to sound the alarm on her Twitter account about the Saturday rally, when she came across a Facebook posting about the event, warning that it had the potential to be explosive. The reason for her concern: Over the past several weeks, right-wing groups have been appearing at the nightly BLM protests, bringing a new level of ferocity and violence to the demonstrations, which in early July had appeared to be fading away, with numbers dwindling to a hundred or so a night.


But later that month, when federal agents, without identifying uniforms or badges, began throwing protesters into unmarked cars and whisking them off to jail, the demonstrations “came roaring back to life,” she said. As federal agents have withdrawn from the city, right-wing groups began showing up — “some Proud Boys, some QAnon,” as well as Patriot Prayer members, and others from another local conservative group called Portland’s Liberation. The right-wing demonstrators were maskless, some dressed in blue, others wearing logos saying “Blue Lives Matter.” In Jedeed’s observation, they were afforded much gentler treatment than the Black Lives Matter protesters. “It became increasingly clear that the police were taking a side in the protests,” she said — the side of the right-wing groups.

Jedeed said she witnessed right-wing counterprotesters beating the left-wing protesters with batons, throwing firecrackers at them and spraying them with bear mace. (It was easy, she said, to tell the groups apart by masks alone: The left-wing groups she says almost always wore them, but the right-wing groups were typically maskless — as were most of the police.)


On Saturday, the day of the pro-Trump rally, at around 4:30 she witnessed hundreds and hundreds of vehicles at their meeting point, the parking lot of the Clackamas Town Center, roughly 10 miles southeast of Portland. Most of the vehicles were trucks, “flying all manner of flags, including some Confederate flags,” revving their engines and creating a cloud of oily black smoke. The proposed route shown on the Facebook event page was to circle downtown, but when they started off for the rally on wheels, severe gridlock ensued in the parking lot — ultimately lessened by the arrival of police who directed them toward 82nd Ave. Jedeed found it odd that the police didn’t stop the many vehicles with no license plates, or with numbers that had been obscured.

Other Portlanders similarly suspect outsiders are involved in the recently rising tensions in the city. “Suddenly I’m seeing license plates from Kentucky, Texas and Arizona,” said Joan Hess, a retired corrections officer. “They didn’t come for the beer.” Others says the right-wing groups are coming from the more conservative towns elsewhere in Oregon, or from Seattle or Vancouver, Wash.

A police officer checks the body of a man who was shot dead at protests in Portland. (Mathieu Lewis-Rolland/Handout via Reuters)

Jim Redden, a reporter for the Portland Tribune, a twice-weekly, free local paper, said he also sees the shooting as part of a dangerous dynamic that’s been playing out in the city since Trump was elected, an event that triggered frequent demonstrations and led to brawls between right-wingers and left-wingers in downtown Portland that went on for months. But he puts much of the blame on Portland’s own “self-professed anarchists, who just want to protest everything.”

“Whenever there’s another protest going on, they hang around and break windows and stuff like that,” Redden told Yahoo News. “Now they’ve rebranded themselves as antifa — but it’s the same group just calling themselves a different name.”

While Redden noted that the reappearance of right-wing groups like Patriot Prayer in Portland during demonstrations in August exacerbated the clashes with left-wing protesters, he said, “It was pretty out of control even before they came back. After George Floyd’s killing there were huge protests that went on for two months with a lot of rioting and destruction.”

Asked to respond to charges from some that Portland Police officers have enabled the recent escalation of violence instigated by right-wing groups in the city by not intervening in recent clashes, Portland Police public information officer Sgt. Kevin Allen referred Yahoo News to the department’s earlier statement that “clearly spelled out why we did not step in to the event on Aug. 22.

“And it was discussed at length by the mayor and police chief at a press conference yesterday,” Allen wrote in an email to Yahoo News, along with a link to a YouTube video from a press conference held Sunday in response to the shooting.

As for how the Portland Police Bureau plans to prevent such violence going forward, Allen wrote: “We will not discuss any specific tactical plans going forward, however [we] will continue to utilize the resources we have to address criminal behavior while we employ de-escalation strategies where appropriate.”

“We do not take into account political ideology,” he continued. “We fully support free speech rights.”

At a press conference on Sunday, Mayor Ted Wheeler condemned the fatal shooting over the weekend, and urged people from both sides of the political spectrum to come together to help “stop the violence.”

“For those of you saying on Twitter this morning that you plan to come to Portland to seek retribution, I’m calling on you to stay away,” Wheeler said. “You of course have a constitutional right to be here, but we’re asking you to stay away and work with us to de-escalate this situation.”

Portland Mayor Ted Wheeler speaking to reporters on Sunday. (Nathan Howard/Getty Images)

The shooting in Portland came less than a week after 17-year-old Kyle Rittenhouse was arrested and charged with shooting three people, killing two, amid unrest in Kenosha, Wis. Evidence from Rittenhouse’s social media presence indicates that the teenager was an aspiring police officer and Trump supporter who even appeared in the front row at one of the president’s rallies in Iowa earlier this year.

Trump has spoken in defense of Rittenhouse, while expressing sympathy for the victim in Portland and sharp criticisms of the city’s mayor.

Against the wishes of both Kenosha Mayor John Antaramian and Wisconsin Gov. Tony Evers, Trump traveled to the embattled Wisconsin city on Tuesday, where he condemned violence and property damage resulting from some recent protests as acts of “domestic terror” and questioned the existence of systemic racism within law enforcement, which has been the core issue driving recent protests.

He also continued to take credit for Evers’s decision to activate Wisconsin’s National Guard in response to the unrest that unfolded in Kenosha after video circulated of the 29-year-old Blake being shot seven times in the back by a Kenosha police officer.

“I strongly support the use of the National Guard in other cities,” Trump said, insisting that his administration is “ready, willing, and able to send in” federal forces to cities such as Portland, an offer that city’s Democratic Mayor Ted Wheeler formally declined in a recent letter to president Trump.

On Monday, acting Homeland Security Secretary Chad Wolf responded to Wheeler’s letter on the president’s behalf, writing that “due to a lack of action throughout the summer, Portland and its law-abiding residents continue to suffer from large-scale looting, arson, and vandalism — even killing.”

Wolf, who oversaw the controversial deployment of federal agents from DHS to Portland earlier this summer, urged Wheeler to “request federal assistance to restore law and order in Portland,” adding that, “at the same time, President Trump has made it abundantly clear that there will come a point when state and local officials fail to protect its citizens from violence, the federal government will have no choice but to protect our American citizens.”

In Kenosha, Trump seemed to suggest that he may once again deploy federal agents to Portland against the wishes of local officials.

“We could solve that problem in less than an hour in Portland, so I hope they call,” said Trump. “And at some point ... we’ll just have to do it ourselves.”
Insurance Plays Key Role in Civil Rights Settlements Against Law Enforcement

By Andrew G. Simpson | September 2, 2020



Municipalities, their insurers and risk pools should be heeding the current public re-examination of police and prosecutorial actions taking place across the country, according to an insurance policyholder attorney who works on civil rights cases.

Attorney Alexander Brown sees the Black Lives Matter movement, actions by reform-minded prosecutors, increasing legal actions and calls for police reform resulting in more municipalities having to answer for law enforcement errors and misconduct.


This, in turn, will mean closer scrutiny of law enforcement liability insurance policies by those seeking damages for victims of civil rights violations, according to Brown.

However, while today insurers may be changing their policies, the cases being brought tend to go back awhile and thus involve policies issued years and even decades ago.

Brown, who is with the firm of Lathrop GPM in its Kansas City office, is an insurance coverage specialist who represents policyholders including municipalities facing civil rights complaints from victims of wrongful conviction and incarceration.


Recent Settlements Involving Law Enforcement

A Nebraska county that owes $28.1 million to six people wrongfully convicted of murder reached a settlement with several insurance companies to help pay part of the judgment.

Wrongfully Convicted Missouri Man Gets $8M Settlement

A southeastern Missouri city has agreed to an $8 million settlement in a lawsuit filed by a man who spent 17 years in prison for murder before the state Supreme Court overturned his conviction. The city will pay about $75,000 of the settlement, with the rest coming from its insurance.

Missouri Sheriff’s Dept. Settles with Wrongfully Imprisoned Man for $2M

An eastern Missouri sheriff’s department has reached a $2 million settlement with a man who spent more than three years in prison for his wife’s killing before the conviction was overturned. An insurance company has agreed pay the money.

$3.5M Settlement Reached in Death of Black Man Shot 22 Times by West Virginia Police

A West Virginia city has agreed to settle an excessive force lawsuit filed by the family of a homeless Black man who was shot 22 times by police, an attorney said. The police department said the city’s insurance carrier agreed to the settlement.

Brown is a member of the Lathrop GPM Civil Rights Insurance Recovery Practice along with Mike Abram and Bill Beck. In a recent interview with Insurance Journal, Brown offered his legal and policyholder perspectives on civil rights claims and some insurance ramifications.

Not all persons that have been wronged by law enforcement or the civil justice system are in a position to pursue a liability case against the government. In fact, strong liability claims are relatively rare in part because of the qualified immunity doctrine for police officers and the absolute immunity doctrine that protects prosecutors while performing prosecutorial functions.

“I would say that a majority of people exonerated do not have strong liability claims because of these immunities. If qualified immunity is weakened for police officers, it follows that more liability claims will be brought,” Brown said.

Once exoneration is secured, the Lathrop GPM team moves to obtain compensation for the exonerees, who are disproportionately Black men. The settlements, which can sometimes be costly, are most likely to happen where there is insurance.

“[I]n these cases where you’re trying to come to a resolution outside of a verdict, the existence of insurance is critical. It’s the most critical part of the entire settlement process,” Brown acknowledges.

According to Brown, obtaining insurer-funded settlements helps avoid trials, which can be risky for both the public entities as well as the plaintiffs because either could lose big. State caps on liability do not apply in these federal civil rights suits and jury verdicts can be $1 million to $2 million per year. The insurance deals help alleviate situations where a public entity that has no insurance or inadequate coverage may be forced to raise taxes to cover settlements or have to declare bankruptcy.

The cases typically involve older insurance policies because the alleged violations stretch over long periods of time of 10, 20 or even 30 years. “The cases are treated and should be treated akin to long-tail liability claims for any kind of exposure to conditions, or illnesses, environmental contamination. It’s the same kind of thing, where you have a long period of time between the conviction and the exoneration,” he said.

“So really the only win-win scenario, if there is one in these cases, is to make sure that the insurance that they bought specifically for these type of situations covers them.”

“[I]n these cases where you’re trying to come to a resolution outside of a verdict, the existence of insurance is critical. It’s the most critical part of the entire settlement process.”

The insurance settlements also help those who are exonerated and then face being released back into society with little or nothing, especially in states without any compensation fund for wrongfully convicted persons. According to The Innocence Project that works to free wrongfully convicted persons using DNA evidence, the federal government and 35 states have provisions to provide some compensation for exonerees. However, advocates for the exonerees believe the amounts states provide (often $50,000 a year for each year of wrongful imprisonment) are inadequate for the injuries suffered.

What’s Changing

To hold a municipality liable for a civil rights violation, a plaintiff has to show the violation was due to a policy, practice or procedure of the municipality, or that a decision-maker like a sheriff was involved in it. Forces now at play are likely to aid plaintiffs in their causes, according to Brown.

“What I see now with the Black Lives Matter is that there’s going to be a whole lot of investigation into whether various municipalities or police entities have policies or practices that discriminate against African-Americans, and that’s going to be established with respect to numerous cities,” Brown said

“Once it is established that they do have a pattern and practice of locking away Black men or of beating Black men, then suing those cities and municipalities is going to be a lot easier. Because then they can point to a policy and practice, and so you can hold the city and the municipality liable along with the individual defendant or officer who committed the misconduct.”

Once a municipality gets hit with a verdict, not only is that verdict potentially crippling, but also it may signal the start of a pattern of practice for the next aggrieved person who sues.

Law Enforcement Liability Discussions

Police Liability Insurance in 2020, a Time of Civil Unrest

A discussion of municipal and law enforcement liability accountability.

Do Police Officers Need to Buy Professional Liability?

Insurance Journal Academy’s Patrick Wraight examines the idea of police officers buying their own insurance.

While it might behoove police departments and prosecutors to review their practices and patterns to see what has been going on, it’s not that easy.

“You might have a police officer saying, ‘Hey, let’s not look too deeply into this because we don’t want to create paper trails,'” Brown suggests.

Similarly, district attorneys may fear the legal and financial repercussions may lie ahead for the municipality if they start unearthing wrongful conduct by previous officeholders as they try to get innocent people out of jail, which a few reformist district attorneys across the country are trying to do. Brown is currently representing a prisoner in Missouri who is stuck in jail because of a dispute over a prosecutor’s authority to undo a previous prosecution.

“If you’ve got a progressive reformist DA who’s working, as they should, to get people out of prison who were in prison because of wrongful conduct of their past offices, they know at some level that there might be liability at the end of the rainbow when these guys get out,” Brown said. “It’s a brave thing to do and it’s a necessary thing to do. I think that it’s a good thing.”

Brown said that in addition to the current questioning of the current qualified immunity for police officers in light of several shootings of Black men, there has also been some shifting in case law that could limit prosecutors’ immunity if they commit misconduct while acting in a non-prosecutorial capacity, such as helping with the investigation or doing ministerial work.

“Then they do not have absolute immunity; they only have qualified immunity. So that immunity is slowly degrading, while what cops can get away with in terms of qualified immunity is also degrading. So you have situations where these lawsuits are going to be a serious focus and a serious concern for municipalities and public entities across the country,” he stressed.

Landmark Ruling

The 2010 movie Conviction starring Hilary Swank tells the story of how a determined sister secured her brother’s exoneration and release from prison after he served more than 18 years for a murder he did not commit. The movie ends with Kenneth Waters’ release and reunion with his daughter in 2001 but the real story — including the insurance effects — did not end there.

“So you have situations where these lawsuits are going to be a serious focus and a serious concern for municipalities and public entities across the country.”

What followed his release from prison were years of legal proceedings and negotiations with insurers to obtain compensation for Waters for the years of mental and physical injuries he suffered while in prison, as well as for his loss of freedom. Eight years after his release, in 2019, Waters’ estate eventually settled a wrongful conviction lawsuit against the town of Ayer, Mass. Five of the town’s six insurers paid $3.4 million to the plaintiff’s estate (Waters himself died in 2001 in an accident only six months after getting out of jail).

However, a sixth insurer, Western World, argued that it was not obligated to defend the town under any of the six consecutive law enforcement officers’ liability policies it issued from 1985 to 1991, and it did not participate in that settlement. But four years later in a follow-up proceeding, a court found that Western World had breached its duty to defend and that its policies did apply. The court awarded $1,000 per day that Waters had been incarcerated ($6.7 million), another $1 million “for physical illnesses and injuries incurred during and because of his incarceration” and another $3 million for “mental anguish, pain and suffering,” for a total of $10.729 million against Western World.

Brown says the Ayer decision was significant for holding that insurance policies with unique language can be held accountable for acts during the tenure of a wrongful incarceration and not just at the time of a wrongful conviction.

“The Waters case was the first decision to recognize that certain insurance policies issued in post-conviction years might apply to wrongful imprisonment cases,” Brown said.

The Waters case was handled by Brown’s mentor, Bill Beck, of the firm’s civil rights division. It was Brown’s introduction to this field of insurance law.

Beyond Hollywood

The Waters case that garnered the attention of Hollywood was important. The ruling has helped get more insurers to come to the table and participate in settlements, according to Brown.

Even more important is a case decided in May 2019 in which Brown and his firm were involved.

Travelers Indemnity Co. v. Ethel Mitchell involved whether multiple insurance carriers had a duty to defend their insured, Mississippi’s Forrest County, which was sued by the estates of three wrongfully convicted men. The insurers had issued more than a dozen specialty law enforcement liability policies between 1979 and 2010 (the year of the exonerations).

“The Travelers v. Mitchell case is our firm’s most important civil rights case to date,” Brown said.

From 2013 to 2019, Brown and his colleagues fought for compensation for the families of three men in Mississippi who were wrongfully convicted in 1979 and spent a collective 83 years in prison for a rape and murder they did not commit. The men ultimately died from the injuries they sustained in prison.

Brown and his colleagues successfully litigated the underlying rights matter against multiple carriers that resulted a $20.5 million insurer-funded settlement for the families of the three men. The insurers appealed. On May 29, 2019, the U.S. Court of Appeals for the Fifth Circuit, in a unanimous panel decision, upheld the lower court rulings in the case.

According to Lathrop GPM’s reading, the Fifth Circuit judges ruled that insurers cannot utilize common law “coverage theories” such as “first manifestation” or “first exposure” or “continuous trigger” to sidestep the plain language of their policies.

In Brown’s words, “This groundbreaking and precedent-setting decision rejected a so-called ‘single trigger’ theory advanced by the insurance lobby in favor of a plain language reading of the insurance policies, ultimately holding multiple insurers liable for bodily injuries sustained by our clients while imprisoned.”

The result was a victory not only for the families of three men but also for the county, police officers and thousands of future exonerees seeking financial compensation for their wrongful imprisonment, according to Brown.

“This is definitely a case that municipalities need to be aware of,” said Brown, noting that it has since been adopted and expanded in opinions in Missouri (Ferguson v. St. Paul Fire & Marine Ins. Co.) and Kentucky (St. Paul v. City of Newport Ky.).

(The law firm also said it thinks the Travelers case may have even more widespread implications. “While the win immediately benefits the families of wrongfully convicted men, the implications will help business clients vindicate their rights to insurance proceeds to cover liabilities for other ‘long-tail claims’ including asbestos exposure cases,” the firm said in announcing the ruling.)

“It’s a good feeling to help compensate those who have been destroyed by society as well as protecting the current cities or entities.”

Brown joined the Lathrop GPM firm in 2013, right after Western World settled in that landmark Waters case. It was a move that he says changed his life.

“I never thought as an insurance coverage lawyer that I’d be looking at crime scene photos all day long, but it’s exciting. It’s a good feeling to help compensate those who have been destroyed by society as well as protecting the current cities or entities,” Brown told Insurance Journal.

Brown and other Lathrop GPM attorneys work pro bono with attorneys from the civil rights litigation firm Neufeld, Scheck & Brustin and The Innocence Project, which Neufeld and Scheck founded in 1992 to use DNA evidence to get innocent people out of jail. The Innocence Project receives thousands of requests for help a year. To date, 375 people in the U.S. have been exonerated by DNA testing, including 21 who served time on death row. These people served an average of 14 years in prison before exoneration and released.

Overall Lathrop GPM has been involved with more than 15 settlements totaling almost $200 million. Most recent was the case of Craig Coley, 71, who served four decades in prison for a murder that DNA proved he did not commit. The city of Simi Valley, Calif., and its insurers reached a $21 million settlement with Coley. The victories also include getting $25 million for an upstate New York man who in 1991 at age 16 was wrongly convicted and jailed by Putnam County for a rape that in 2006 DNA proved he did not do.

Brown is now working with the legal team representing Lamar Johnson, who remains in a prison for the 25th year in Missouri even though there is evidence he is innocent. He has not been released or given a new trial because of a dispute over whether a current prosecutor — in this case St. Louis Circuit Attorney Kimberly M. Gardner — has the power to try to correct what she believes are wrongful convictions in decades-old cases.

Lawsuit by Former Black Franchisees Accuses McDonald’s of Racial Discrimination

By Malathi Nayak | September 2, 2020

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McDonald’s Corp. is the subject of a lawsuit by more than 50 Black former franchisees in the U.S. who say they were driven out of business after being pushed by the company to set up shop in crime-ridden areas and denied financial help extended to White franchisees.

The Black franchisees were steered to inner-city and urban areas with low-volume sales and high security and insurance costs, and were refused favorable franchise terms because McDonald’s unfairly graded their performance, according to a copy of a complaint filed Tuesday in Chicago federal court.


The 52 franchisees are seeking as much as $5 million in damages for each of more than 200 stores they operated.

McDonald’s said in a statement Tuesday that it categorically denies the allegations that the franchisees were unable to succeed because of any discrimination by the company.

“These allegations fly in the face of everything we stand for as an organization and as a partner to communities and small business owners around the world,” it said in the statement.

McDonald’s said in July that it would step up efforts to fight systemic racism by addressing any hiring biases, increasing the diversity of its leadership and doing more to attract diverse franchisees.

The Black Lives Matter movement, while initially focused on police misconduct, has also spurred a push for corporate accountability around racial equity. On Monday, California lawmakers passed a bill to require corporations to include a minimum number of people of color on their boards, which would be the nation’s first such law.

McDonald’s has come under fire in recent years for allegedly failing to prevent widespread sexual harassment in its restaurants and doing too little to protect its workers from Covid-19, as well as from violent customers. The company is in a tussle with ex-CEO Steve Easterbrook as it tries to claw back $37 million of his compensation after he was found to have allegedly carried on sexual relationships with subordinates.


Lower Sales

“For decades, McDonald’s ruthless, one-sided bargaining steered Blacks toward the oldest, most decrepit stores in the toughest neighborhoods routinely rejected by Whites franchisees,” lawyers for the Black franchisees at Miami-based Ferraro Law Firm said in a statement. “This severely limited opportunities for expansion and growth, and far too often set in place a chain of events –- low cash flow, decreased equity, debt and bankruptcy –- that led to financial ruin.”

The Black franchisees’ average annual sales of $2 million was less than McDonald’s national average revenue of $2.7 million from 2011 to 2016 and $2.9 million in 2019, according to the Ferraro firm.

A historic high of about 400 Black McDonald’s franchisees in 1998 has dropped to less than 200 today because of the revenue shortfall, the franchisees said in their complaint.

McDonald’s said in its statement that Black franchisees — including the former franchisees in the complaint — operate restaurants in all types of communities. It said that “while McDonald’s may recommend locations, franchisees ultimately select the locations they wish to purchase.”

The company also said there has been consolidation in the total number of franchise organizations across all demographic groups in the last several years, and that “the overall representation of Black operators in the McDonald’s system is broadly unchanged.”

It said some of the plaintiffs are franchisees that had been a part of the system for more than 20 years and retired after making yearly profits.

–With assistance from Josh Eidelson, Leslie Patton and Daniela Wei.


Copyright 2020 Bloomberg.

Scenes From President Donald Trump's Visit To Kenosha Tuesday

Here is what it was like when President Donald Trump visited Kenosha Tuesday in the wake of the Jacob Blake police shooting.


By Scott Anderson, Patch Staff
Sep 1, 2020 

Shared from Mount Pleasant-Sturtevant, WI

President Donald Trump talks to business owners Tuesday, Sep. 1 as he tours an area damaged during demonstrations after a police officer shot Jacob Blake in Kenosha. (AP Photo/Evan Vucci)

KENOSHA, WI — President Donald Trump traveled via presidential motorcade into the heart of Kenosha Tuesday, following the police shooting of Jacob Blake and the deaths of two protesters in a separate shooting incident days later.

Trump traveled into Kenosha along streets lined with a mix of supporters and detractors Tuesday. Supporters waving "Blue Lives Matter" flags were intermixed with those sporting American Flags, Joe Biden campaign signs and Black Lives Matter signs.

Supporters of both President Donald Trump and Black Lives Matters exchange words outside the Kenosha County Courthouse, Tuesday, Sep. 1 in Kenosha. (AP Photo/Morry Gash)

During a press conference held on the tarmac in Waukegan, Illinois, Trump said he saw people trying to break into the Kenosha mayor's house when watching coverage: "Very stupid mayor. I don't see how he can be mayor," Trump said "He still sticks up for them. Only a fool would stick up for them."

Kenosha Mayor John Antaramian refuted Trump's claim that burglars were trying to break into his house.

When a reporter asked whether his visit would help racial tensions: "I think it's helping because I'm about law and order."

Trump confirmed with reporters he did not meet with Jacob Blake's family but did talk with the family pastor. But Blake's father, Jacob Blake Sr., has told CNN that the family does not have a pastor and that he does not know who Trump spoke with.
President Donald Trump talks with Sen. Ron Johnson, R-Wis.,, second from left, Attorney General William Barr, front right, and acting Homeland Security Secretary Chad Wolf, right, as he arrives at Waukegan National Airport in Waukegan, Ill., on his way to visit Kenosha. (AP Photo/Evan Vucci)

Later, Trump visited the Danish Brotherhood building in Kenosha's Uptown District.

"So, this store was here 109 years. Just about the oldest in the nation, doing what you do," Trump said of the two-story building that lay in ruin. "And we're going to help them a lot. I think we're going to help them a lot."

"We're going to have some meetings. We're going to meet with some of the owners, and then we're going to have a roundtable. I think you're going to be there," Trump said as he saw the damage for himself Tuesday. "But we're going to work with you. We're going to help you. Okay? We'll help you rebuild. It's a great area. It's a great state. This should never happen. A thing like this should never happen."

President Donald Trump tours an area Tuesday, Sept. 1, 2020, damaged during demonstrations after a police officer shot Jacob Blake in Kenosha, Wis. (AP Photo/Evan Vucci)


People line up to watch as the motorcade with President Donald Trump passes by Tuesday, Sept. 1, 2020, near Kenosha, Wis. (AP Photo/Evan Vucci)

People line up to watch as the motorcade with President Donald Trump passes by Tuesday, Sept. 1, 2020, in Kenosha, Wis. (AP Photo/Evan Vucci)
President Donald Trump walks over to speak with business owners Tuesday, Sept. 1, 2020, as he tours an area damaged during demonstrations after a police officer shot Jacob Blake in Kenosha, Wis. (AP Photo/Evan Vucci)

Later, Trump traveled to Bradford High School to see the Emergency Command Center. Rep. Bryan Steil, U.S. Attorney General William Barr, and Sen. Ron Johnson toured the center with Trump. The center was full of local law enforcement officials and National Guard members, according to an AP pool report.

When asked if he had a message for Blake family he said he will speak to Jacob's family pastor later. Trump said he wanted to talk to Blake's mother later but: "It's also better off if it's handled locally."
President Donald Trump listens as Kenosha Sheriff David Beth, right, speaks at the emergency operations center at Mary D. Bradford High School, Tuesday, Sep. 1 in Kenosha. Also listening are Attorney General William Barr, Rep. Bryan Steil, R-Wis., and Sen. Ron Johnson, R-Wis. (AP Photo/Evan Vucci)

Unrest Causes $2M in Insured Losses to City Property in Kenosha, Wisconsin

September 2, 2020

Damage to city-owned property from violence that erupted over the police shooting of Jacob Blake in Kenosha is estimated at nearly $2 million so far, a city official said.

The city’s public works director, Shelly Billingsley, provided the estimate to local leaders Monday night on what it would cost to replace garbage trucks, street lights and traffic signals, among other things that were destroyed or damaged in the unrest over the last week.


Demonstrators are calling for the Kenosha officer who shot Blake seven times in the back Aug. 23 to be fired and face attempted murder charges, and more than a week after authorities say a 17-year-old from northern Illinois shot and killed two protesters.

Blake, a 29-year-old Black man, was shot while police responded to a call about a domestic dispute. His family planned to hold a community gathering at the site where he was shot that is to include a community clean-up, food drive and voter registration effort.

Mayor John Antaramian has said the city will request $30 million in aid from the state to help rebuild in the aftermath of the unrest. Some of the city’s garbage trucks, which were parked downtown to provide security and limit movement by protesters, were set on fire during the demonstrations.

Billingsley said they were insured and that city staff is working with the insurance company to log damage information, the Kenosha News reported. Some of the trucks, which had functioned as snowplow vehicles in the winter, were also destroyed.

Billingsley said she hoped that the setback would not affect snowplow operations this winter. She told the Public Works Committee the COVID-19 pandemic and other factors could affect the timeline in obtaining the new trucks.

City staff continues to compile numbers from the damage, Billingsley said.


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