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ALEXANDRA NATAPOFF: Welcome
to the inaugural session
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of Harvard Law School's
series on Policing in America.
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I'd like to start by thanking
Dean Manning and the Harvard
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Law School staff for making
this series possible.
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You can't see her, but we
all owe a special thank you
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to Jenna Cowie, who is our
faculty assistant, and who
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has put in an enormous
number of hours
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to make sure that this session
was possible and able to run
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smoothly, so thank you, Jenna.
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This is a year-long series.
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We are committed to having this
conversation over the series
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of the entire year.
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Next month's session will
be on police accountability,
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and the highly contested
issue of qualified immunity.
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The session after
that, in November,
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will be on police unions.
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I will not go through
every session,
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although I am excited about
every single one of them.
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And they're all fabulous
with wonderful panelists
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and participants.
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I encourage you to
go to the website,
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policinginameric
a.law.harvard.edu, which
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has information on all
our future sessions,
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our future panelists, and
additional resources for those
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of you who would
like to read more
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deeply about these subjects,
both regarding this session
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and future sessions.
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My name is Professor
Alexandra Natapoff,
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I teach criminal law
and criminal procedure
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here at Harvard Law School.
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Before I entered
the Academy, I was
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an assistant federal
public defender
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in Baltimore, Maryland.
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I have been looking forward
very much to this series,
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to this set of conversations.
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And I'll start by saying
that I am very optimistic,
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and I am very worried.
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I am optimistic because such a
broad and deep range of people
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have and are now speaking
out against the injustices
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of our criminal system.
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I am optimistic and moved
because of the bravery,
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because so many
people are stepping up
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with incredible
bravery and putting
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their bodies and their lives
and their careers on the line
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to insist that our
criminal system be better.
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And I am worried because
political momentum dissipates.
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Because meaningful
change is, and has always
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been so difficult to achieve
and sustain in this arena.
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10 years ago, as
perhaps you all recall,
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we had a solid
bipartisan consensus
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that mass incarceration
was a terrible idea.
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It's expensive, we all agreed,
it's racist, it's ineffectual.
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And yet, today, a
decade later, we still
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practice mass incarceration.
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We still rely on our criminal
system as a go-to response
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to our social problems, to
our problems of inequality.
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As a nation, we still
overuse the criminal system
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as a form of governance
to a greater degree,
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and in a harsher manner,
than any other nation.
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And so until we rethink
those historical
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and political and
economic choices,
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I am worried that extraordinary
moments like this one,
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and the sacrifices that
so many people are making
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in this moment, may not bring
the kinds of structural changes
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that we hoped for.
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And so I am looking forward
very much to this panel,
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to our extraordinary
experts on this panel,
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to help us understand the
depths and complexities
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of these challenges, and also
where we might go from here.
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I am going to turn
the session over now
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to my co-host,
Professor Crespo, who
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will introduce our speakers.
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We will hear opening remarks
from each of our panelists.
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As moderators,
Professor Crespo and I
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will then pose some
questions to each of them
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to get the dialogue going.
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And then we will look to
the audience for questions.
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Please, if you have
questions that you
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would like to pose to the panel,
submit them through the Q&A
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function in written form.
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Professor Crespo?
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ANDREW CRESPO: Thank you so
much, Professor Natapoff.
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I echo Professor Natapoff's
thanks to our dean,
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to our school and
to all the staff
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here at Harvard Law School
whom made this something
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that we could pull off.
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For both Professor
Natapoff and I,
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I think that this
series is a professional
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and a personal passion project.
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Professionally, the two of us
each spend our academic careers
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teaching and writing
about the police
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and about the law of policing.
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Before becoming
academics, the two of us
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were each public defenders.
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I think between the two
of us, we've probably
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represented hundreds of
people, all of them poor,
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because that's what
public defenders do,
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they represent people who
can't afford a lawyer.
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And thinking of my clients,
overwhelmingly people of color,
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almost universally
people of color.
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We represented them
in their encounters
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with the American penal system.
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And for each of them,
those encounters
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started with an encounter
with policing in America.
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Personally, I'll just
add that, in my heart--
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I teach at Harvard Law
School, but I am a New Yorker.
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I'm a New Yorker from a big,
extended Puerto Rican family.
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And in that family,
there are multiple people
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stretching over decades who have
been harassed by the police.
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There are multiple
people who have
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been arrested by the police.
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And there are multiple people
who are police officers.
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And I love all of them.
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From these professional
and personal perspectives,
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I come to this space seeing
it as a space in which there
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are in fact some clear
right and wrong answers,
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and some clear and
deep and long-standing
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systemic injustices that have
stood for way, way too long.
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And then I also
see it as a space
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marked by some real
complexity, and some nuance
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with hard problems to solve.
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So I just feel so
incredibly fortunate
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that our school has committed to
spending a full year discussing
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these questions.
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I feel especially
fortunate to be
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joined by Professor Natapoff in
that project and in the work.
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And I think most of
all, I feel fortunate
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about the amazing people
who are joining us
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over this year in
these seven lectures,
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as just such incredible guests
with such range of perspective
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and expertise and voice to
bring to this discussion.
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So it's a real privilege to
introduce to you our kickoff
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panel.
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I'm going to introduce each of
them, starting with Cori Bush.
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Cori Bush is a nurse, a pastor,
a former early childhood
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educator.
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And ever since the killing
of Michael Brown in 2014,
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in her hometown of
Ferguson, Missouri,
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she has been an activist
and one of the leading
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voices in the Black
Lives Matter movement
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on issues of police reform.
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This past August, she
defeated congressman Lacy Clay
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in the Democratic primary
for Missouri's 1st district,
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which includes
Ferguson and St. Louis.
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It is a heavily
Democratic district,
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so it is safe to say
that Ms. Bush joins us
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as the presumptive next
representative from the 1st
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district of Missouri.
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So if I slip over the
next hour and a half
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and call you Congresswoman
Bush, please consider me
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[? impressioned ?] and not
necessarily inaccurate.
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Come January 3rd, Ms.
Bush is likely to be
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the first black woman to ever
represent the state of Missouri
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in the US Congress.
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I'm going to introduce
a panelist we don't yet
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have on with us, which
is our own district
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attorney, Rachael Rollins.
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DA Rollins had a
last minute change
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in her schedule due to be
unfortunate and surprising
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passing our chief justice
here in Massachusetts,
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the late Chief Justice Gants.
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And I should just
pause for a moment
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and say that Chief
Justice Gants is
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someone who those of
us in Massachusetts
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knew well, who was a champion
of racial justice in our state,
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and someone who I
think many people miss
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and are grieving right now.
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And DA Rollins is right
now speaking to her staff
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about the passing of
Chief Justice Gants,
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and we hope that she'll
be able to join us soon.
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I'm going to introduce her
now, so that when she joins us,
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she can just pop right in.
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To those of us here
in Massachusetts,
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Rachael Rollins is
a familiar face.
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She serves as the district
attorney for Suffolk county,
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which includes the
entire city of Boston.
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She is the first woman
to hold that office,
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and the first woman of color
to serve as a district attorney
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anywhere in the state.
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She was elected in 2018 on
a progressive prosecution
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platform.
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And since then, her office
has, among other things,
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published the now-famous
in these circles Rollins
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memo, which, among
other things, outlined
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her plans to decriminalize
certain low-level offenses
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by simply refusing
to prosecute them.
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A month later, she sued
the Federal Immigrations
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and Customs Enforcement Agency,
more commonly known as ICE.
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She sued them in
federal court to try
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to block them from
arresting immigrants
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in Massachusetts courthouses.
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And one week from
today, she has promised
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to release her office's
so-called Brady list.
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This is an internal
document that pretty much
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every prosecutor's
office in the country
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has, cataloging
police officers known
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to the prosecutor's office
to have misconduct issues.
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Usually those lists
are kept secret.
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DA Rollins has
promised that hers
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will be released to the
public one week from today.
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Next on our panel
is Rachel Harmon,
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who is one of the country's
leading scholars of policing
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and of the laws that
govern police behavior.
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She is a professor of
law at the University
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of Virginia Law School, where
she directs that school's
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center for criminal justice.
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She's a member of the
American Law Institute, where
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she serves as an
associate reporter
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for the forthcoming Principals
on the Law of Policing.
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She's also the author
of a first of its kind
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casebook entitled, The
Law of the Police, which
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is due out next year.
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A former law clerk to
Jude Guaido Calabrese
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and Justice Stephen
Breyer, Professor Harmon
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worked for eight years
as a federal prosecutor
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in the criminal section of the
DOJ's civil rights division,
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where her
responsibilities included
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investigating and prosecuting
police misconduct.
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Finally, Professor
Priscilla Ocen
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is a professor of law at Loyola
Law School in Los Angeles,
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and a scholar of criminal
law and critical race theory.
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She's an expert
voice on many topics,
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including most especially,
the way that race, gender,
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and class interact to
render women of color
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vulnerable to various forms of
violence and criminalization.
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In addition to offering
numerous articles on this topic,
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she's the co-author of an
influential policy report
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called, Black Girls Matter--
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pushed out, over-policed,
and under-protected.
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Before becoming an
academic, Professor Ocen
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served as a law clerk to Judge
Eric Clay on the Sixth Circuit,
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and is a Thurgood
Marshall fellow
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with the Lawyers
Committee for Civil Rights
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under Law in San Francisco.
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She currently serves
on the oversight
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commission for the Los Angeles
County Sheriff's oversight.
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Thank you all so much for
being here, and welcome.
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It's wonderful to see you and
it's wonderful to have you.
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To start off our discussion,
we'd like to invite each of you
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to share some opening remarks--
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in the order of
five to 10 minutes--
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that help us all
understand the challenge
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of policing in America today.
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00:11:34,690 --> 00:11:37,080
What should we, as
a country, learn
247
00:11:37,080 --> 00:11:39,690
from the killing of George
Floyd and so many others?
248
00:11:39,690 --> 00:11:42,570
How should we understand
the summer of protests
249
00:11:42,570 --> 00:11:44,670
that followed in their wake?
250
00:11:44,670 --> 00:11:46,620
And where should we be
taking our penal system
251
00:11:46,620 --> 00:11:50,390
and our institutions
of policing from here?
252
00:11:50,390 --> 00:11:53,238
And slipping already,
Congresswoman Bush,
253
00:11:53,238 --> 00:11:54,530
if you could just start us off.
254
00:11:54,530 --> 00:11:57,208
255
00:11:57,208 --> 00:11:59,250
CORI BUSH: First of all,
thank you for having me.
256
00:11:59,250 --> 00:12:01,370
Thank you for this
invite and this platform
257
00:12:01,370 --> 00:12:06,290
to be able to share, especially
from the standpoint of someone
258
00:12:06,290 --> 00:12:11,660
who came into this as just
an activist, but not even
259
00:12:11,660 --> 00:12:14,630
an activist first, just someone
who just wanted to see what
260
00:12:14,630 --> 00:12:16,950
was happening in her community.
261
00:12:16,950 --> 00:12:21,710
So let me just start
with before I ever
262
00:12:21,710 --> 00:12:25,550
stepped foot at a
protest, standing up
263
00:12:25,550 --> 00:12:27,050
for Black Lives Matter.
264
00:12:27,050 --> 00:12:29,900
For me, I was just a--
265
00:12:29,900 --> 00:12:33,080
you know, I always saw myself
as just this black woman
266
00:12:33,080 --> 00:12:37,040
trying to survive in America and
trying to raise two children,
267
00:12:37,040 --> 00:12:39,560
and wanting to
keep my son alive.
268
00:12:39,560 --> 00:12:41,330
That was just the way
that I-- you know,
269
00:12:41,330 --> 00:12:43,340
that's how I walked
through life.
270
00:12:43,340 --> 00:12:47,510
And I was a registered
nurse, became a pastor
271
00:12:47,510 --> 00:12:49,550
and opened a church.
272
00:12:49,550 --> 00:12:54,590
And I thought that
my work was capped--
273
00:12:54,590 --> 00:12:56,570
after working early
childhood for 10 years,
274
00:12:56,570 --> 00:13:00,380
I felt that my work was
working, of course, as a nurse,
275
00:13:00,380 --> 00:13:02,720
but then working with
the unhoused population
276
00:13:02,720 --> 00:13:05,750
in our community,
working with helping
277
00:13:05,750 --> 00:13:07,440
fight human trafficking.
278
00:13:07,440 --> 00:13:09,710
You know, I felt like
that was my thing,
279
00:13:09,710 --> 00:13:11,810
and then pastoring my church.
280
00:13:11,810 --> 00:13:14,720
But it was when Michael
Brown was murdered
281
00:13:14,720 --> 00:13:18,560
in 2014 that saw something
that I never thought I
282
00:13:18,560 --> 00:13:22,150
would see in my own community.
283
00:13:22,150 --> 00:13:24,950
You know, I remember the
day that he was murdered,
284
00:13:24,950 --> 00:13:29,680
I just kept seeing his
photo across my feed,
285
00:13:29,680 --> 00:13:30,973
on my social media.
286
00:13:30,973 --> 00:13:32,390
Didn't even pay
it much attention,
287
00:13:32,390 --> 00:13:41,060
just saw this body laying
face-down and uncovered--
288
00:13:41,060 --> 00:13:43,310
this body just
laying on the ground.
289
00:13:43,310 --> 00:13:46,400
And it took a while before--
it's a few times that I saw it,
290
00:13:46,400 --> 00:13:48,440
I kept scrolling
and I kept seeing it
291
00:13:48,440 --> 00:13:51,770
over the course of the day,
still not realizing that was
292
00:13:51,770 --> 00:13:56,440
happening in our own community.
293
00:13:56,440 --> 00:13:59,460
Then once I found out that it
was in Ferguson, which was just
294
00:13:59,460 --> 00:14:03,090
six minutes from my home,
that's when I realized
295
00:14:03,090 --> 00:14:05,460
that I could do something.
296
00:14:05,460 --> 00:14:07,290
So I decided, show up.
297
00:14:07,290 --> 00:14:08,970
You know, I don't
know what I could do,
298
00:14:08,970 --> 00:14:10,740
I just saw people congregating.
299
00:14:10,740 --> 00:14:13,030
I didn't know what-- you
know, but I was thinking,
300
00:14:13,030 --> 00:14:15,780
hey, I'm clergy, I'm a nurse,
I can go out and be a medic,
301
00:14:15,780 --> 00:14:17,070
I can just offer support.
302
00:14:17,070 --> 00:14:18,615
I can pray with people.
303
00:14:18,615 --> 00:14:19,490
So that's what I did.
304
00:14:19,490 --> 00:14:22,390
305
00:14:22,390 --> 00:14:28,920
What I saw, though, when
I stepped onto the ground
306
00:14:28,920 --> 00:14:34,290
in that community, something
that looked like civil rights
307
00:14:34,290 --> 00:14:36,660
footage from the
'60s that I never
308
00:14:36,660 --> 00:14:38,670
thought I'd see in my own day.
309
00:14:38,670 --> 00:14:40,860
I grew up in a household--
my dad's been in politics
310
00:14:40,860 --> 00:14:42,120
for most of my life.
311
00:14:42,120 --> 00:14:44,580
He was the kind of father,
he wouldn't allow me to put--
312
00:14:44,580 --> 00:14:46,580
you know, at that time,
people may not remember,
313
00:14:46,580 --> 00:14:49,530
but it was like Barbie,
Strawberry Shortcake, Cabbage
314
00:14:49,530 --> 00:14:52,890
Patch Kids, Jem, you know, I
couldn't have that on my wall
315
00:14:52,890 --> 00:14:54,360
as a kid.
316
00:14:54,360 --> 00:14:58,050
I had the great kings and queens
of Africa on the wall as a kid.
317
00:14:58,050 --> 00:15:02,700
I had Rosa Parks and Dr.
King, and I had Jesse Jackson,
318
00:15:02,700 --> 00:15:06,930
you know, Jesse Jackson
'84, something on the wall.
319
00:15:06,930 --> 00:15:09,720
Like that's who my dad was.
320
00:15:09,720 --> 00:15:13,560
But he wanted me to learn
that my skin color was OK,
321
00:15:13,560 --> 00:15:15,780
that my skin color was--
322
00:15:15,780 --> 00:15:19,180
that I had to love it, but
society would not love it.
323
00:15:19,180 --> 00:15:21,060
And so he was building me up.
324
00:15:21,060 --> 00:15:23,970
What I didn't realize that,
through that teaching,
325
00:15:23,970 --> 00:15:26,130
that it would later
sprout out into something
326
00:15:26,130 --> 00:15:27,480
that I could use later.
327
00:15:27,480 --> 00:15:32,820
And so, looking at what we
were taught, we were taught--
328
00:15:32,820 --> 00:15:35,010
so many of us,
anyway were taught--
329
00:15:35,010 --> 00:15:38,010
if you go to school, if
you do well, go to school,
330
00:15:38,010 --> 00:15:40,830
get good grades, go
to a good high school,
331
00:15:40,830 --> 00:15:43,950
get into a good college,
get you a scholarship,
332
00:15:43,950 --> 00:15:49,212
go in and get you a good job,
travel, and then have kids.
333
00:15:49,212 --> 00:15:51,420
Get the spouse and the picket
fence, the white house,
334
00:15:51,420 --> 00:15:53,045
all of that great
stuff, whatever color
335
00:15:53,045 --> 00:15:56,220
the house is, the white
picket fence, couple dogs--
336
00:15:56,220 --> 00:15:59,070
we were taught that this is
what was achievable for us.
337
00:15:59,070 --> 00:16:01,200
Like now, you can sit
at the front of the bus.
338
00:16:01,200 --> 00:16:02,235
You're good now.
339
00:16:02,235 --> 00:16:04,550
You have arrived.
340
00:16:04,550 --> 00:16:07,610
But what we didn't learn was
that the police were still
341
00:16:07,610 --> 00:16:09,370
killing us.
342
00:16:09,370 --> 00:16:13,460
And I remember as a child,
my dad was in politics,
343
00:16:13,460 --> 00:16:15,110
but I remember every
time we stepped
344
00:16:15,110 --> 00:16:17,240
outside of our
small municipality
345
00:16:17,240 --> 00:16:19,370
where he was no longer
an elected official,
346
00:16:19,370 --> 00:16:22,200
he would get pulled over by the
police at least once a week.
347
00:16:22,200 --> 00:16:25,100
And that's not even
an exaggeration,
348
00:16:25,100 --> 00:16:27,480
he would get pulled over
by the police so much,
349
00:16:27,480 --> 00:16:30,117
I used to be angry when I had
to ride with him in the car,
350
00:16:30,117 --> 00:16:32,450
because I didn't want to see
what happened every time he
351
00:16:32,450 --> 00:16:33,980
was pulled over by the police.
352
00:16:33,980 --> 00:16:38,250
And I used to just think, boy,
why are you such a bad driver?
353
00:16:38,250 --> 00:16:39,620
Why won't you do better?
354
00:16:39,620 --> 00:16:41,900
That was my thought
process as a child.
355
00:16:41,900 --> 00:16:45,350
I just didn't understand
it, even as a teenager--
356
00:16:45,350 --> 00:16:46,340
as an early teen--
357
00:16:46,340 --> 00:16:47,450
why won't you do better?
358
00:16:47,450 --> 00:16:48,020
359
00:16:48,020 --> 00:16:49,520
It wasn't until I
got a little older
360
00:16:49,520 --> 00:16:51,590
and I started to see now
my friends are driving,
361
00:16:51,590 --> 00:16:53,965
and how much they were getting
pulled over by the police.
362
00:16:53,965 --> 00:16:55,190
But it still didn't compute.
363
00:16:55,190 --> 00:16:57,635
I grew up in a household
with a politician,
364
00:16:57,635 --> 00:16:59,760
the police were in and out
of my home all the time.
365
00:16:59,760 --> 00:17:02,900
So to me, maybe
something was wrong,
366
00:17:02,900 --> 00:17:05,900
maybe we're doing something
wrong, is what I--
367
00:17:05,900 --> 00:17:08,470
you know, I was
fighting with that.
368
00:17:08,470 --> 00:17:10,810
But when Michael
Brown was murdered,
369
00:17:10,810 --> 00:17:14,020
and I'm out there
on the streets,
370
00:17:14,020 --> 00:17:18,550
six minutes from my home,
where my nail salon was
371
00:17:18,550 --> 00:17:20,800
on one side of the street--
the place where I will go,
372
00:17:20,800 --> 00:17:22,210
and the place where I
would get my hair done
373
00:17:22,210 --> 00:17:23,710
was on the other
side of the street.
374
00:17:23,710 --> 00:17:25,980
This was my community.
375
00:17:25,980 --> 00:17:30,480
When I hit the ground and I
saw the police in riot gear,
376
00:17:30,480 --> 00:17:36,860
I thought MRAPs, I saw dogs,
and I saw thousands of people
377
00:17:36,860 --> 00:17:37,830
in the street.
378
00:17:37,830 --> 00:17:39,560
I couldn't believe
my eyes, because this
379
00:17:39,560 --> 00:17:40,610
is my neighborhood.
380
00:17:40,610 --> 00:17:42,290
Nobody said this was coming.
381
00:17:42,290 --> 00:17:47,400
And not only that, are
we prepared for this?
382
00:17:47,400 --> 00:17:49,440
I remember as we
started to get the--
383
00:17:49,440 --> 00:17:53,270
we started to hear about how
we were protesting wrong.
384
00:17:53,270 --> 00:17:56,240
And I just remember pushing
back on that all the time--
385
00:17:56,240 --> 00:17:58,490
you're telling us
we're protesting wrong.
386
00:17:58,490 --> 00:18:00,650
But first of all, you
should have fixed it
387
00:18:00,650 --> 00:18:04,370
before you decided to come tell
us that we're doing it wrong.
388
00:18:04,370 --> 00:18:06,860
Because we're only doing
it because there is a need,
389
00:18:06,860 --> 00:18:08,170
because somebody was murdered.
390
00:18:08,170 --> 00:18:10,040
And not only him,
but so many others.
391
00:18:10,040 --> 00:18:12,245
In the course of us
protesting, more were murdered.
392
00:18:12,245 --> 00:18:14,370
So instead of telling us
that we're doing it wrong,
393
00:18:14,370 --> 00:18:15,770
you should have fixed it first.
394
00:18:15,770 --> 00:18:18,200
But because you didn't
fix it, and because there
395
00:18:18,200 --> 00:18:20,630
is no playbook-- there
was no playbook the day
396
00:18:20,630 --> 00:18:22,590
before Michael Brown
was murdered, they say,
397
00:18:22,590 --> 00:18:23,780
this is how you protest.
398
00:18:23,780 --> 00:18:26,330
This is what you do--
if you are a nurse,
399
00:18:26,330 --> 00:18:28,410
this is what you do
when you hit the ground.
400
00:18:28,410 --> 00:18:30,827
If you are a chef, this is
what you do you hit the ground.
401
00:18:30,827 --> 00:18:32,570
If you're a this,
this is what you do.
402
00:18:32,570 --> 00:18:34,580
There was no playbook.
403
00:18:34,580 --> 00:18:37,940
And so we did what we felt we
needed to do in that moment.
404
00:18:37,940 --> 00:18:39,830
And then there was this split--
405
00:18:39,830 --> 00:18:43,960
whether it was
generational or clergy,
406
00:18:43,960 --> 00:18:46,430
it was just so many splits,
because everybody was just
407
00:18:46,430 --> 00:18:48,305
showing up doing what
they thought was right.
408
00:18:48,305 --> 00:18:51,450
Our politicians were doing
what they thought was right.
409
00:18:51,450 --> 00:18:53,880
And it tore up a community.
410
00:18:53,880 --> 00:18:57,780
But even though it started
to tear up a community,
411
00:18:57,780 --> 00:19:01,170
the ripple effect of what
was happening in Ferguson,
412
00:19:01,170 --> 00:19:04,970
in the St. Louis area, started
to move across the country
413
00:19:04,970 --> 00:19:06,750
and the world.
414
00:19:06,750 --> 00:19:12,390
What we learned when we think
about George Floyd's murder,
415
00:19:12,390 --> 00:19:15,690
first of all, is that as
much as we've protested,
416
00:19:15,690 --> 00:19:17,940
as much as we've organized
and we've pushed,
417
00:19:17,940 --> 00:19:19,650
these things continue to happen.
418
00:19:19,650 --> 00:19:24,150
What we've learned is, when
our government wants to tell us
419
00:19:24,150 --> 00:19:26,680
we need to throw some more
money at it to fix it--
420
00:19:26,680 --> 00:19:29,960
we've seen that when money
was thrown at it in Minnesota,
421
00:19:29,960 --> 00:19:33,360
George Floyd was still murdered
with a knee on his neck.
422
00:19:33,360 --> 00:19:37,080
And so, we threw
money at it, and say--
423
00:19:37,080 --> 00:19:41,280
the governor, $12 million to
help with police training.
424
00:19:41,280 --> 00:19:43,680
And is that the police
training that came out of that?
425
00:19:43,680 --> 00:19:46,410
This is what you do, you put
a knee on someone's neck?
426
00:19:46,410 --> 00:19:51,003
So for us, throwing money
at it is not the solution.
427
00:19:51,003 --> 00:19:53,420
When we think about this when
we think about what you call
428
00:19:53,420 --> 00:19:57,230
the summer of protests, that
summer of protests to me,
429
00:19:57,230 --> 00:20:01,280
it was different than what I
remember in 2014 with Michael
430
00:20:01,280 --> 00:20:03,130
Brown in 2014,
because we protested
431
00:20:03,130 --> 00:20:06,740
the more than 400 days, even
though the media stopped
432
00:20:06,740 --> 00:20:08,110
covering it.
433
00:20:08,110 --> 00:20:11,240
And we protested again in
2017 after the verdict--
434
00:20:11,240 --> 00:20:14,960
Jason Stockley was--
that man should
435
00:20:14,960 --> 00:20:17,420
have gone to jail for what he
did to Anthony Lamar Smith,
436
00:20:17,420 --> 00:20:22,620
but we protested then.
437
00:20:22,620 --> 00:20:24,680
Still, it's just a
lot of brutality.
438
00:20:24,680 --> 00:20:28,190
A lot of excessive force
against protesters.
439
00:20:28,190 --> 00:20:29,840
What we've seen this
time is that what
440
00:20:29,840 --> 00:20:32,300
we fought for, just being able
to say, Black Lives Matter,
441
00:20:32,300 --> 00:20:33,510
now is a fad.
442
00:20:33,510 --> 00:20:35,480
It's this thing-- oh,
yeah, Black Lives Matter.
443
00:20:35,480 --> 00:20:37,610
We still can't get
our police to stay it,
444
00:20:37,610 --> 00:20:40,070
but the corporations can say
it and make money off of it.
445
00:20:40,070 --> 00:20:41,070
The police won't say it.
446
00:20:41,070 --> 00:20:43,310
Someone said to me
recently, they said,
447
00:20:43,310 --> 00:20:45,440
you know, when a police
officer is murdered,
448
00:20:45,440 --> 00:20:49,490
why don't we see Black Lives
Matter get up and denounce this
449
00:20:49,490 --> 00:20:51,930
and say, oh, that's
a horrible thing.
450
00:20:51,930 --> 00:20:54,920
And what I said to them was,
when do the police get up
451
00:20:54,920 --> 00:20:57,740
and say-- when do all the
police departments get up and go
452
00:20:57,740 --> 00:21:00,360
on television and say, you know,
what another life was taken,
453
00:21:00,360 --> 00:21:02,370
so we denounce that action.
454
00:21:02,370 --> 00:21:02,870
So
455
00:21:02,870 --> 00:21:06,280
Stop telling people
who are volunteers
456
00:21:06,280 --> 00:21:07,940
for this movement,
that are just trying
457
00:21:07,940 --> 00:21:11,720
to fix a problem that has
been going on for so long,
458
00:21:11,720 --> 00:21:12,770
for decades--
459
00:21:12,770 --> 00:21:14,510
and actually, the
real problem has
460
00:21:14,510 --> 00:21:16,880
been going on for centuries--
461
00:21:16,880 --> 00:21:21,950
stop telling us how to fix
it when you are the problem.
462
00:21:21,950 --> 00:21:23,750
What we saw this summer
was we saw people
463
00:21:23,750 --> 00:21:25,880
from all walks of life--
we saw it in Ferguson,
464
00:21:25,880 --> 00:21:29,330
but even more now-- we saw
people from all walks of life,
465
00:21:29,330 --> 00:21:32,720
any age group, ableism
is out the door,
466
00:21:32,720 --> 00:21:35,210
ageism is out the door,
everybody was showing up,
467
00:21:35,210 --> 00:21:36,280
fighting in the streets.
468
00:21:36,280 --> 00:21:38,690
And we weren't just
saying a black man's name,
469
00:21:38,690 --> 00:21:40,730
we were saying black
women's names, as well.
470
00:21:40,730 --> 00:21:43,610
That's important, because
black women are dying, too,
471
00:21:43,610 --> 00:21:45,030
black children are dying.
472
00:21:45,030 --> 00:21:47,390
So we were hearing
those names being said.
473
00:21:47,390 --> 00:21:51,530
And I'm looking forward to
what we're able to do now,
474
00:21:51,530 --> 00:21:52,882
where we're taking this.
475
00:21:52,882 --> 00:21:54,590
We're talking about
defunding the police,
476
00:21:54,590 --> 00:21:57,520
and making it very clear
what we mean by defund.
477
00:21:57,520 --> 00:22:00,320
The reformist
conversations, the abolish
478
00:22:00,320 --> 00:22:03,110
the police conversations
are all important right now.
479
00:22:03,110 --> 00:22:05,860
So it's up to us to figure
out how to get there.
480
00:22:05,860 --> 00:22:07,790
And so when we take
regular people like me,
481
00:22:07,790 --> 00:22:10,760
and put them with academics,
and put them with other people
482
00:22:10,760 --> 00:22:12,907
from different walks of
life in the community,
483
00:22:12,907 --> 00:22:14,990
that's how we're going to
get somewhere with this.
484
00:22:14,990 --> 00:22:18,530
And so I'm thankful to be
on this panel with everyone,
485
00:22:18,530 --> 00:22:21,830
and I can't wait to see
what comes out of this.
486
00:22:21,830 --> 00:22:24,490
Thank you.
487
00:22:24,490 --> 00:22:26,140
ANDREW CRESPO:
Thank you so much.
488
00:22:26,140 --> 00:22:30,850
I see that we are joined, at
least virtually, by DA Rollins.
489
00:22:30,850 --> 00:22:34,840
As she gets set up and
plugged into Zoom--
490
00:22:34,840 --> 00:22:36,870
we'll really look forward
to hearing from her,
491
00:22:36,870 --> 00:22:41,787
but I think we're going to turn
right now to Professor Harmon.
492
00:22:41,787 --> 00:22:43,620
RACHEL HARMON: Thanks
so much for having me.
493
00:22:43,620 --> 00:22:45,570
It's an honor to
be on this panel.
494
00:22:45,570 --> 00:22:47,837
But before I talk about
policing in America today,
495
00:22:47,837 --> 00:22:49,670
I want to ask you a
question that follows up
496
00:22:49,670 --> 00:22:50,930
on what Sasha mentioned.
497
00:22:50,930 --> 00:22:52,790
Sasha said that
despite agreement
498
00:22:52,790 --> 00:22:56,410
about mass incarceration, we
haven't done enough to fix it.
499
00:22:56,410 --> 00:22:57,560
But you might ask--
500
00:22:57,560 --> 00:22:59,780
what's so wrong with
mass incarceration?
501
00:22:59,780 --> 00:23:02,120
I mean overwhelmingly,
people in prison today
502
00:23:02,120 --> 00:23:04,040
are guilty of the
crimes they committed.
503
00:23:04,040 --> 00:23:06,860
Most of those crimes
are pretty serious,
504
00:23:06,860 --> 00:23:09,500
and many people think that
punishing people for crimes
505
00:23:09,500 --> 00:23:12,920
by sending them to prison
is a legitimate thing to do.
506
00:23:12,920 --> 00:23:15,470
So in some sense, it should
be a little surprising
507
00:23:15,470 --> 00:23:17,780
that actually Americans
overwhelmingly
508
00:23:17,780 --> 00:23:20,660
agree that far too many
people are in prison,
509
00:23:20,660 --> 00:23:24,350
and that reforms should continue
to bring those numbers down.
510
00:23:24,350 --> 00:23:28,490
The answer to that question
helps us answer the question
511
00:23:28,490 --> 00:23:30,440
that Andrew asked at
the beginning-- which
512
00:23:30,440 --> 00:23:32,655
is, what's new in
the conversations
513
00:23:32,655 --> 00:23:33,530
about policing today?
514
00:23:33,530 --> 00:23:35,690
What's new in the protests?
515
00:23:35,690 --> 00:23:38,157
But let me step back one
step further and say,
516
00:23:38,157 --> 00:23:39,740
before we talk about
what's new, let's
517
00:23:39,740 --> 00:23:42,490
talk about what isn't new.
518
00:23:42,490 --> 00:23:46,020
Congressman Bush brought up some
of the issues that are not new.
519
00:23:46,020 --> 00:23:48,440
There is a longstanding
concern that officers
520
00:23:48,440 --> 00:23:51,530
engage in unnecessary
overpolicing and violence,
521
00:23:51,530 --> 00:23:54,100
especially against
racial minorities.
522
00:23:54,100 --> 00:23:56,930
And that there's an absence
of meaningful legal remedies
523
00:23:56,930 --> 00:23:58,160
for misconduct.
524
00:23:58,160 --> 00:24:00,350
So one journalist
described it this way,
525
00:24:00,350 --> 00:24:02,240
talking about
officers in New York,
526
00:24:02,240 --> 00:24:05,180
"it's not seldom that a
peaceful citizen meets a front
527
00:24:05,180 --> 00:24:06,830
at the hands of a policeman.
528
00:24:06,830 --> 00:24:09,890
Too often, an officer sees
a need for his interference
529
00:24:09,890 --> 00:24:13,280
where none exists, and nearly
as often, he's impolite or even
530
00:24:13,280 --> 00:24:14,960
insulting in his manners."
531
00:24:14,960 --> 00:24:16,460
The journalist goes
on to talk about
532
00:24:16,460 --> 00:24:19,340
whether a person treated this
way should resist or disobey,
533
00:24:19,340 --> 00:24:22,100
and says, not unless he's
utterly bereft of sense.
534
00:24:22,100 --> 00:24:24,950
Because doing so is going to
result in physical damage,
535
00:24:24,950 --> 00:24:27,440
and not to the
policeman, either.
536
00:24:27,440 --> 00:24:30,920
That article was published
this week, 122 years ago
537
00:24:30,920 --> 00:24:33,640
in the New York Tribune, 1898.
538
00:24:33,640 --> 00:24:35,540
You will hear in
today's protests,
539
00:24:35,540 --> 00:24:37,880
in the reform efforts, in
contemporary talk about
540
00:24:37,880 --> 00:24:40,010
policing, this age-old concern--
541
00:24:40,010 --> 00:24:42,460
that policing is racist,
that it's violent,
542
00:24:42,460 --> 00:24:43,460
and that it's arbitrary.
543
00:24:43,460 --> 00:24:45,693
Because the law's
too permissive,
544
00:24:45,693 --> 00:24:48,110
that police nevertheless break
that law, and when they do,
545
00:24:48,110 --> 00:24:50,152
they're not really held
accountable-- or at least
546
00:24:50,152 --> 00:24:50,888
not often enough.
547
00:24:50,888 --> 00:24:53,180
Now, I don't want to suggest
that those complaints have
548
00:24:53,180 --> 00:24:53,680
gone away.
549
00:24:53,680 --> 00:24:56,480
I think they're clearly there--
or that contemporary reform
550
00:24:56,480 --> 00:24:58,923
efforts aren't designed
to mitigate them.
551
00:24:58,923 --> 00:25:00,590
But I've been working
on policing issues
552
00:25:00,590 --> 00:25:02,600
for more than 20 years,
and it seems to me
553
00:25:02,600 --> 00:25:05,180
there is something new
in today's protests
554
00:25:05,180 --> 00:25:07,590
and the conversations
about police.
555
00:25:07,590 --> 00:25:09,320
There's a growing
concern that's not
556
00:25:09,320 --> 00:25:12,260
about the precise shape of
the law governing the police,
557
00:25:12,260 --> 00:25:15,800
or whether a specific incident
complied with or broke the law,
558
00:25:15,800 --> 00:25:18,050
but an argument that
it doesn't matter.
559
00:25:18,050 --> 00:25:21,440
That even accepting police is
necessary and useful to promote
560
00:25:21,440 --> 00:25:24,560
public safety, or bring
offenders to justice,
561
00:25:24,560 --> 00:25:28,040
and even assuming that most
of the damage the police do,
562
00:25:28,040 --> 00:25:30,020
in the name of those
goals, is legal,
563
00:25:30,020 --> 00:25:32,900
that policing's harms
have just, as a whole,
564
00:25:32,900 --> 00:25:36,080
gone too far in light of
its benefits, especially
565
00:25:36,080 --> 00:25:39,410
for individuals and communities
who pay most of the costs.
566
00:25:39,410 --> 00:25:43,247
And that's in lives lost, and
also in humiliation suffered.
567
00:25:43,247 --> 00:25:45,330
And we're not just talking
about people of color--
568
00:25:45,330 --> 00:25:47,480
we're talking about people
with mental and physical
569
00:25:47,480 --> 00:25:52,160
disabilities, the youth, people
with alcoholism and suffering
570
00:25:52,160 --> 00:25:54,990
from homelessness,
LGBT community.
571
00:25:54,990 --> 00:25:58,370
The new theme that I hear in
today's protests about policing
572
00:25:58,370 --> 00:26:02,360
is that policing's problem
is like mass incarceration.
573
00:26:02,360 --> 00:26:05,000
That whatever policing's
benefits, as a whole,
574
00:26:05,000 --> 00:26:07,220
it is doing too much harm.
575
00:26:07,220 --> 00:26:09,710
So you can see this in
a whole variety of ways.
576
00:26:09,710 --> 00:26:11,550
I'm going to mention
three of them.
577
00:26:11,550 --> 00:26:14,150
First, you can see it in the
swift and severe response
578
00:26:14,150 --> 00:26:17,310
of protesters to incidents
of deadly force today.
579
00:26:17,310 --> 00:26:20,720
So if you look nearly 30
years ago when Rodney King,
580
00:26:20,720 --> 00:26:24,320
a 25-year-old African-American
father of two daughters,
581
00:26:24,320 --> 00:26:27,110
was beaten by LAPD officers--
582
00:26:27,110 --> 00:26:31,550
LA burned with the worst urban
riot in the 20th century.
583
00:26:31,550 --> 00:26:33,860
But that didn't
happen until a year
584
00:26:33,860 --> 00:26:35,480
after the videos
were first shown
585
00:26:35,480 --> 00:26:38,060
on TV, when the
officers were acquitted
586
00:26:38,060 --> 00:26:40,970
in the state criminal trial.
587
00:26:40,970 --> 00:26:43,890
And you see that continuing.
588
00:26:43,890 --> 00:26:47,180
Congress member
Bush just mentioned
589
00:26:47,180 --> 00:26:49,610
the officers involved
in Stockley's death,
590
00:26:49,610 --> 00:26:52,460
the acquittal there and the
protests to which it led.
591
00:26:52,460 --> 00:26:54,230
But three months
ago, when Rayshard
592
00:26:54,230 --> 00:26:58,250
Brooks, who was a 27-year-old
African-American father
593
00:26:58,250 --> 00:27:00,980
of three daughters,
was killed in Atlanta.
594
00:27:00,980 --> 00:27:03,560
And a video showed his
killing was released,
595
00:27:03,560 --> 00:27:05,900
demonstrators
gathered within hours.
596
00:27:05,900 --> 00:27:07,760
And by the next day,
the Wendy's restaurant
597
00:27:07,760 --> 00:27:12,890
near where he was shot
was burned to the ground.
598
00:27:12,890 --> 00:27:15,290
Now, the officers
involved in Brooks's death
599
00:27:15,290 --> 00:27:16,640
have been charged.
600
00:27:16,640 --> 00:27:18,860
By my reading of the
facts and the law,
601
00:27:18,860 --> 00:27:20,840
I think that
prosecution is going
602
00:27:20,840 --> 00:27:23,420
to be a serious uphill battle.
603
00:27:23,420 --> 00:27:25,970
Because the video shows
Brooks resisting arrest,
604
00:27:25,970 --> 00:27:29,060
taking a taser from
one of the officers,
605
00:27:29,060 --> 00:27:30,860
and firing at another officer.
606
00:27:30,860 --> 00:27:34,790
Even though he's ultimately
shot as he runs away.
607
00:27:34,790 --> 00:27:38,450
Given the video, you might
read the immediate and angry
608
00:27:38,450 --> 00:27:40,460
presence of those
protesters as saying,
609
00:27:40,460 --> 00:27:42,370
in effect, it doesn't matter.
610
00:27:42,370 --> 00:27:45,330
It doesn't matter that
his arrest was obviously
611
00:27:45,330 --> 00:27:47,910
legal, it doesn't matter
that he resisted it,
612
00:27:47,910 --> 00:27:49,620
it doesn't matter
that he was caught
613
00:27:49,620 --> 00:27:51,780
on video grabbing
an officer's weapon
614
00:27:51,780 --> 00:27:53,550
and turning it on the police.
615
00:27:53,550 --> 00:27:55,740
The new emphasis in
the conversation today
616
00:27:55,740 --> 00:27:58,120
is that all of that
is beside the point.
617
00:27:58,120 --> 00:28:00,780
It's enough that Brooks was
one of too many black men
618
00:28:00,780 --> 00:28:03,660
whose death seems
pointless and avoidable,
619
00:28:03,660 --> 00:28:05,550
making the shooting
illegitimate,
620
00:28:05,550 --> 00:28:08,100
whether or not it was illegal.
621
00:28:08,100 --> 00:28:10,190
You can also see this
in the call for reforms.
622
00:28:10,190 --> 00:28:11,690
Now, many of the
reforms we're going
623
00:28:11,690 --> 00:28:14,910
to talk about today, and in
the course of this series,
624
00:28:14,910 --> 00:28:17,520
such as requiring independent
prosecutors for police
625
00:28:17,520 --> 00:28:20,240
misconduct, or eliminating
qualified immunity,
626
00:28:20,240 --> 00:28:23,250
are really contemporary
versions of an effort
627
00:28:23,250 --> 00:28:25,800
we've been talking about for
more than 100 years, which
628
00:28:25,800 --> 00:28:28,890
is strengthening whatever
accountability mechanisms are
629
00:28:28,890 --> 00:28:31,170
available for
individual officers.
630
00:28:31,170 --> 00:28:32,970
And those remain important.
631
00:28:32,970 --> 00:28:36,600
But I want to suggest that
Congress member Bush's
632
00:28:36,600 --> 00:28:39,660
reference to the call to
defund the police, that's
633
00:28:39,660 --> 00:28:41,340
a break with that tradition.
634
00:28:41,340 --> 00:28:43,800
And it's consistent
with this new theme.
635
00:28:43,800 --> 00:28:46,380
Defunding the police, which
usually means significantly
636
00:28:46,380 --> 00:28:48,270
cutting back the police
department's budget,
637
00:28:48,270 --> 00:28:51,000
isn't a way to make
police more accountable.
638
00:28:51,000 --> 00:28:54,240
And unlike abolition, it's not
a way to get rid of the police.
639
00:28:54,240 --> 00:28:57,600
It's a way to make policing
more harm-efficient.
640
00:28:57,600 --> 00:29:00,570
The idea is that with
reduced resources,
641
00:29:00,570 --> 00:29:03,390
police will be forced to
limit coercive policing
642
00:29:03,390 --> 00:29:05,340
to circumstances
in which it's most
643
00:29:05,340 --> 00:29:07,510
essential to achieving
public safety,
644
00:29:07,510 --> 00:29:10,482
such as stopping
ongoing violence.
645
00:29:10,482 --> 00:29:11,940
And in the process,
they'll give up
646
00:29:11,940 --> 00:29:14,490
practices like aggressive
stops and frisks
647
00:29:14,490 --> 00:29:19,380
that impose mass harm, in order
to discover or deter crime.
648
00:29:19,380 --> 00:29:21,630
Defunding advocates usually
take this one step further
649
00:29:21,630 --> 00:29:24,870
by repurposing the funds
from police departments
650
00:29:24,870 --> 00:29:28,060
to other less harmful methods
of achieving public safety.
651
00:29:28,060 --> 00:29:30,540
And the idea there, too, is
that with the same money,
652
00:29:30,540 --> 00:29:33,270
we can achieve some of the
same public safety benefits
653
00:29:33,270 --> 00:29:36,510
with less pain and more
dignity than we do now.
654
00:29:36,510 --> 00:29:39,930
Now, whatever you believe about
whether that defunding effort
655
00:29:39,930 --> 00:29:42,870
will work the way
advocates imagine,
656
00:29:42,870 --> 00:29:45,330
you should hear in this
idea this new emphasis
657
00:29:45,330 --> 00:29:47,940
on harm efficiency
over, or in addition
658
00:29:47,940 --> 00:29:50,610
to, officer accountability.
659
00:29:50,610 --> 00:29:53,790
My last example is actually--
660
00:29:53,790 --> 00:29:56,980
I call it harm efficiency, but
that's because I'm a professor.
661
00:29:56,980 --> 00:30:00,780
The demands for the
community input in the past
662
00:30:00,780 --> 00:30:03,690
have often focused on civilian
review, which is basically
663
00:30:03,690 --> 00:30:06,390
a way of making disciplinary
proceedings more thorough, more
664
00:30:06,390 --> 00:30:07,260
accurate.
665
00:30:07,260 --> 00:30:09,580
Today's protesters want
something different.
666
00:30:09,580 --> 00:30:11,250
They want to shift
decision-making
667
00:30:11,250 --> 00:30:14,160
about policing to those
who suffer its harms,
668
00:30:14,160 --> 00:30:17,130
rather than leave it with
traditional political elites.
669
00:30:17,130 --> 00:30:20,070
And I think that's not
just a demand for control,
670
00:30:20,070 --> 00:30:22,080
there's a more
subtle message there,
671
00:30:22,080 --> 00:30:24,030
that effectively
we will only get
672
00:30:24,030 --> 00:30:27,210
policing that's worth its
costs if we pay attention
673
00:30:27,210 --> 00:30:29,140
to what those costs are.
674
00:30:29,140 --> 00:30:31,110
And the only way to
do that is actually
675
00:30:31,110 --> 00:30:34,410
to give voice to
people who suffer them.
676
00:30:34,410 --> 00:30:37,170
The protests, in this
sense, are themselves
677
00:30:37,170 --> 00:30:39,330
a way to make policing
more efficient.
678
00:30:39,330 --> 00:30:42,160
Because they highlight the
real harms of police, the Black
679
00:30:42,160 --> 00:30:44,540
and brown bodies, especially.
680
00:30:44,540 --> 00:30:46,470
And for Americans
who don't experience
681
00:30:46,470 --> 00:30:49,470
those harms, and could
otherwise easily ignore them,
682
00:30:49,470 --> 00:30:51,510
the protests help
them understand
683
00:30:51,510 --> 00:30:53,250
the full cost of
policing, which may
684
00:30:53,250 --> 00:30:55,530
make them more likely
to demand policing
685
00:30:55,530 --> 00:30:58,830
that minimizes those harms.
686
00:30:58,830 --> 00:31:01,710
Now, maybe I'm reading
too much into all this.
687
00:31:01,710 --> 00:31:02,530
That's possible.
688
00:31:02,530 --> 00:31:06,360
A few years ago, I wrote an
article entitled, Why Arrest?
689
00:31:06,360 --> 00:31:10,110
And I argued that, even if
all of the 10 million arrests
690
00:31:10,110 --> 00:31:12,120
conducted by the police
each year were legal,
691
00:31:12,120 --> 00:31:13,530
they're unjustifiable.
692
00:31:13,530 --> 00:31:15,630
Because they're far too harmful.
693
00:31:15,630 --> 00:31:17,790
And as Brooks's
death reminds us,
694
00:31:17,790 --> 00:31:21,373
as does George Floyd's, there's
certainly a locus for violence.
695
00:31:21,373 --> 00:31:23,790
And it turns out, we don't
need them to protect the public
696
00:31:23,790 --> 00:31:25,710
or to start the
criminal process.
697
00:31:25,710 --> 00:31:28,830
If arrests weren't just the
automatic standard practice,
698
00:31:28,830 --> 00:31:31,500
and we actually evaluated
whether they were worth
699
00:31:31,500 --> 00:31:35,730
the harms they impose,
neither Brooks nor Floyd
700
00:31:35,730 --> 00:31:38,680
would be dead today.
701
00:31:38,680 --> 00:31:40,720
More broadly, I've
argued elsewhere,
702
00:31:40,720 --> 00:31:44,200
that every course of
policing practice,
703
00:31:44,200 --> 00:31:48,410
whatever its legality, should be
evaluated from this standpoint.
704
00:31:48,410 --> 00:31:51,400
It has to be necessary to
achieve important goals,
705
00:31:51,400 --> 00:31:53,860
the harms have to be
proportionate to the goals,
706
00:31:53,860 --> 00:31:55,420
and the harms have
to be minimized
707
00:31:55,420 --> 00:31:56,920
and fairly distributed.
708
00:31:56,920 --> 00:31:59,860
So given that I've
argued that in the past,
709
00:31:59,860 --> 00:32:02,620
I might be hearing
too much in what's
710
00:32:02,620 --> 00:32:04,390
going on in today's protests.
711
00:32:04,390 --> 00:32:05,990
But I don't think so.
712
00:32:05,990 --> 00:32:07,870
I think that critics
of policing today
713
00:32:07,870 --> 00:32:10,690
care deeply about the issues
with which policing has long
714
00:32:10,690 --> 00:32:13,930
grappled, but there
is this new emphasis
715
00:32:13,930 --> 00:32:17,290
that policing does too
much harm, more than it
716
00:32:17,290 --> 00:32:18,850
needs to get the job done.
717
00:32:18,850 --> 00:32:22,570
And actually, given the harms ,
not all the job is necessarily
718
00:32:22,570 --> 00:32:23,650
worth doing.
719
00:32:23,650 --> 00:32:26,500
Or to say it another way,
that policing's problem
720
00:32:26,500 --> 00:32:28,690
is like mass incarceration.
721
00:32:28,690 --> 00:32:30,790
And if that's true, if
the critics are right,
722
00:32:30,790 --> 00:32:32,710
then the public
policy challenge we
723
00:32:32,710 --> 00:32:36,460
face is a little bit different
than the one we faced before.
724
00:32:36,460 --> 00:32:39,880
Because taking our public
safety goals seriously,
725
00:32:39,880 --> 00:32:42,370
and maintaining a commitment
to fairness and legality
726
00:32:42,370 --> 00:32:44,560
in individual
encounters, we still
727
00:32:44,560 --> 00:32:48,820
have to think anew beyond
accountability to ways
728
00:32:48,820 --> 00:32:51,130
to ensure that
policing, as a whole,
729
00:32:51,130 --> 00:32:54,430
is something we can
and want to live with.
730
00:32:54,430 --> 00:32:56,710
I look forward to hearing
from the other panelists
731
00:32:56,710 --> 00:32:58,445
in discussing this further.
732
00:32:58,445 --> 00:33:00,570
ANDREW CRESPO: Thank you
so much, Professor Harmon.
733
00:33:00,570 --> 00:33:01,440
Professor Ocen?
734
00:33:01,440 --> 00:33:05,785
735
00:33:05,785 --> 00:33:07,410
PRISCILLA OCEN: Thank
you all, so much.
736
00:33:07,410 --> 00:33:09,035
Thank you Professor
Natapoff, and thank
737
00:33:09,035 --> 00:33:13,800
you Professor Crespo for
convening this amazing series.
738
00:33:13,800 --> 00:33:18,030
I look forward to attending
some of the later discussions.
739
00:33:18,030 --> 00:33:20,790
And thank you so much for
convening this amazing panel
740
00:33:20,790 --> 00:33:23,960
of powerful women--
741
00:33:23,960 --> 00:33:28,020
you know, it's rare that
you have a full panel
742
00:33:28,020 --> 00:33:29,712
of women on these topics.
743
00:33:29,712 --> 00:33:31,170
And so I really
appreciate the care
744
00:33:31,170 --> 00:33:33,300
with which this
panel was convened,
745
00:33:33,300 --> 00:33:36,240
and I appreciate hearing
from powerful voices
746
00:33:36,240 --> 00:33:40,320
like Congresswoman Bush
and Professor Harmon.
747
00:33:40,320 --> 00:33:43,830
I look forward to hearing from
the DA a little bit later.
748
00:33:43,830 --> 00:33:47,220
So what I want to talk about
is an intersectional analysis
749
00:33:47,220 --> 00:33:48,570
of the challenge of policing.
750
00:33:48,570 --> 00:33:51,138
And to start, I want
to talk about something
751
00:33:51,138 --> 00:33:52,680
I've written about
in the past, which
752
00:33:52,680 --> 00:33:56,340
is a collaboration
between different state
753
00:33:56,340 --> 00:33:59,790
entities in a city
called Lancaster
754
00:33:59,790 --> 00:34:02,850
in the state of California--
it's a suburb of Los Angeles.
755
00:34:02,850 --> 00:34:06,360
And for most of its history, it
was almost exclusively white.
756
00:34:06,360 --> 00:34:08,699
It was known as a sundown town.
757
00:34:08,699 --> 00:34:11,850
But in the early 2000s,
especially as the housing
758
00:34:11,850 --> 00:34:17,370
market imploded, those
demographic realities began
759
00:34:17,370 --> 00:34:19,650
to shift, and quite rapidly.
760
00:34:19,650 --> 00:34:22,290
Increasingly poor Black
and Latino families
761
00:34:22,290 --> 00:34:25,290
moved in, pushed out of
cities like Los Angeles
762
00:34:25,290 --> 00:34:28,139
due to exorbitant rents,
and pulled to the suburbs
763
00:34:28,139 --> 00:34:30,239
by the desire for
a better quality
764
00:34:30,239 --> 00:34:32,159
of life and affordable housing.
765
00:34:32,159 --> 00:34:34,739
Many were utilizing
Section 8 vouchers
766
00:34:34,739 --> 00:34:36,810
to pay for their housing.
767
00:34:36,810 --> 00:34:39,929
In 2000s-- roughly
around 2006, alarmed
768
00:34:39,929 --> 00:34:42,510
by the numbers of
poor Black households
769
00:34:42,510 --> 00:34:45,420
and Latinx households
coming into their community,
770
00:34:45,420 --> 00:34:49,560
the city of Lancaster,
in collaboration
771
00:34:49,560 --> 00:34:51,750
with the Los Angeles
Sheriff's department,
772
00:34:51,750 --> 00:34:55,020
the Lancaster department of
public housing, the school
773
00:34:55,020 --> 00:34:58,980
district, and the Department of
Children and Family Services,
774
00:34:58,980 --> 00:35:02,010
convened a task
force on ostensibly
775
00:35:02,010 --> 00:35:05,410
to address the
needs of people who
776
00:35:05,410 --> 00:35:07,320
were coming into the community.
777
00:35:07,320 --> 00:35:11,160
But in reality, it was
to manage and regulate
778
00:35:11,160 --> 00:35:13,230
what was seen as a nuisance--
779
00:35:13,230 --> 00:35:18,570
these families that were drawing
from public coffers and putting
780
00:35:18,570 --> 00:35:21,660
burdens on city resources.
781
00:35:21,660 --> 00:35:26,220
This task force was asked to
identify, surveil, and in fact,
782
00:35:26,220 --> 00:35:29,640
intimidate individuals
in Section 8
783
00:35:29,640 --> 00:35:31,140
housing, who were
disproportionately
784
00:35:31,140 --> 00:35:34,500
Black women and their children.
785
00:35:34,500 --> 00:35:37,710
Members of this task force,
particularly law enforcement,
786
00:35:37,710 --> 00:35:41,950
followed these women as they
took their children to school,
787
00:35:41,950 --> 00:35:43,860
or as they went to work.
788
00:35:43,860 --> 00:35:47,640
Teachers were contacted by
DCFS and by law enforcement
789
00:35:47,640 --> 00:35:50,860
and asked about the attendance
records of their children--
790
00:35:50,860 --> 00:35:52,440
which were used to
make allegations
791
00:35:52,440 --> 00:35:55,500
of criminal truancy, which
could, in some instances,
792
00:35:55,500 --> 00:35:58,950
land these women in jail
or result in hefty fines.
793
00:35:58,950 --> 00:36:01,650
Their homes were
searched for Section 8
794
00:36:01,650 --> 00:36:03,570
lease violations,
which are non-criminal,
795
00:36:03,570 --> 00:36:06,990
but could result in the loss
of their homes or housing
796
00:36:06,990 --> 00:36:07,940
vouchers.
797
00:36:07,940 --> 00:36:09,690
The Department of
Children Family Services
798
00:36:09,690 --> 00:36:12,600
investigated their homes
for abuse and neglect.
799
00:36:12,600 --> 00:36:15,120
And quite frankly,
when these women
800
00:36:15,120 --> 00:36:19,620
called the police for help, for
example, for domestic violence
801
00:36:19,620 --> 00:36:23,070
incidents, these women
were instead arrested
802
00:36:23,070 --> 00:36:24,390
rather than their perpetrators.
803
00:36:24,390 --> 00:36:26,190
And their homes
were searched again
804
00:36:26,190 --> 00:36:30,930
looking for evidence
of an illegal occupant.
805
00:36:30,930 --> 00:36:32,720
I tell this story,
which as I said,
806
00:36:32,720 --> 00:36:35,220
I examined it in a piece called
The New Racially Restrictive
807
00:36:35,220 --> 00:36:37,110
Covenant, to say this--
808
00:36:37,110 --> 00:36:41,040
if we are to understand the
expansive problems of policing,
809
00:36:41,040 --> 00:36:43,170
which Congresswoman
Bush described,
810
00:36:43,170 --> 00:36:48,180
in which Professor Harmon
articulated in her comments,
811
00:36:48,180 --> 00:36:51,660
then we have to not just
talk about traditional law
812
00:36:51,660 --> 00:36:53,070
enforcement.
813
00:36:53,070 --> 00:36:54,630
We can't just talk
about the police.
814
00:36:54,630 --> 00:36:56,040
We should view this moment--
815
00:36:56,040 --> 00:37:00,230
the uprisings and the reckoning
that the problems of policing
816
00:37:00,230 --> 00:37:01,750
that gave rise to this moment--
817
00:37:01,750 --> 00:37:03,390
through an
intersectional lens that
818
00:37:03,390 --> 00:37:06,270
elevates the concerns of women
like those who were targeted
819
00:37:06,270 --> 00:37:08,035
in the city of Lancaster.
820
00:37:08,035 --> 00:37:09,660
By that, I mean that
we have to examine
821
00:37:09,660 --> 00:37:12,540
the ways in which
marginalized identities render
822
00:37:12,540 --> 00:37:16,265
individuals and communities
vulnerable to state violence.
823
00:37:16,265 --> 00:37:17,640
And we also have
to pay attention
824
00:37:17,640 --> 00:37:20,280
to the multiple institutions
and systems that
825
00:37:20,280 --> 00:37:24,210
collide to produce a myriad
forms of state violence.
826
00:37:24,210 --> 00:37:29,160
So when we hear community
activists, scholars calling
827
00:37:29,160 --> 00:37:35,570
for defunding of police, they're
not just talking about police.
828
00:37:35,570 --> 00:37:38,640
And Miriam Makeba said
this in a wonderful op-ed
829
00:37:38,640 --> 00:37:41,970
in the New York Times--
we're talking about policing
830
00:37:41,970 --> 00:37:45,310
and the logics
that undergird it.
831
00:37:45,310 --> 00:37:47,130
And when I say
that, and when I say
832
00:37:47,130 --> 00:37:49,590
that we need to look at an
intersectional lens in terms
833
00:37:49,590 --> 00:37:53,100
of how we examine the
problem of policing,
834
00:37:53,100 --> 00:37:56,940
it helps us to understand
the ways in which policing
835
00:37:56,940 --> 00:38:00,690
is gendered and racialized,
and affects women-- like those
836
00:38:00,690 --> 00:38:03,021
who were impacted in Lancaster.
837
00:38:03,021 --> 00:38:05,740
All too often, when we
think about policing,
838
00:38:05,740 --> 00:38:08,830
we focus almost exclusively on
traditional police departments
839
00:38:08,830 --> 00:38:12,730
and police practices, such
as stops, searches, and use
840
00:38:12,730 --> 00:38:14,950
of force that target
Black and brown bodies,
841
00:38:14,950 --> 00:38:17,890
and rely on racialized
stereotypes of criminality
842
00:38:17,890 --> 00:38:19,450
as justification.
843
00:38:19,450 --> 00:38:22,210
This traditional view of
policing and police violence
844
00:38:22,210 --> 00:38:27,670
posits Black men and Latinx
men as the primary targets
845
00:38:27,670 --> 00:38:29,710
and victims of
policing, obscuring
846
00:38:29,710 --> 00:38:33,130
the ways in which girls, women,
and gender nonconforming people
847
00:38:33,130 --> 00:38:35,680
are subject to state
surveillance, control,
848
00:38:35,680 --> 00:38:36,940
and punishment.
849
00:38:36,940 --> 00:38:39,200
This traditional view
of policing, in turn,
850
00:38:39,200 --> 00:38:42,100
limits our ability
to create narratives
851
00:38:42,100 --> 00:38:45,140
around anti-Black
police violence
852
00:38:45,140 --> 00:38:47,650
that women, in
[INAUDIBLE] experience,
853
00:38:47,650 --> 00:38:50,960
to develop advocacy
strategies, to call attention
854
00:38:50,960 --> 00:38:54,400
to these dynamics, and to
draft policy interventions that
855
00:38:54,400 --> 00:38:58,240
address all of the ways that
policing writ large harms
856
00:38:58,240 --> 00:39:00,563
Black and brown communities.
857
00:39:00,563 --> 00:39:02,230
So I want to just
give a couple examples
858
00:39:02,230 --> 00:39:05,920
of the way in which this
intersectional lens can help
859
00:39:05,920 --> 00:39:09,640
us to lift up these
expansive forms of policing,
860
00:39:09,640 --> 00:39:12,610
and their racialized
and gendered harms
861
00:39:12,610 --> 00:39:16,240
that they inflict on Black
communities, and particularly
862
00:39:16,240 --> 00:39:18,370
Black women and girls.
863
00:39:18,370 --> 00:39:20,240
So here's a couple of examples.
864
00:39:20,240 --> 00:39:24,660
So if we talk about American
policing, race obviously
865
00:39:24,660 --> 00:39:29,220
[INAUDIBLE],, so is policing
of gender and sexuality.
866
00:39:29,220 --> 00:39:31,960
We talked about the experiences
of women in Lancaster
867
00:39:31,960 --> 00:39:36,130
who were being followed when
they were taking their children
868
00:39:36,130 --> 00:39:40,040
to school, when they
attempted to seek help
869
00:39:40,040 --> 00:39:42,080
as a result of
domestic incidents.
870
00:39:42,080 --> 00:39:45,290
And that's just the sort
of tip of the iceberg.
871
00:39:45,290 --> 00:39:48,550
There have been a number of
studies conducted by the AP,
872
00:39:48,550 --> 00:39:53,830
as well as a number of other
institutions, [INAUDIBLE]
873
00:39:53,830 --> 00:39:55,600
Bowling Green State
University, that
874
00:39:55,600 --> 00:39:58,990
found that the second most
complained about form of police
875
00:39:58,990 --> 00:40:01,630
misconduct-- when we're talking
about traditional policing--
876
00:40:01,630 --> 00:40:04,210
is sexual violence.
877
00:40:04,210 --> 00:40:06,880
In a year-long
investigation by the AP,
878
00:40:06,880 --> 00:40:08,980
they found that
over 1,000 officers
879
00:40:08,980 --> 00:40:12,580
lost their badges in a six-year
period because of allegations
880
00:40:12,580 --> 00:40:16,030
of rape, sodomy, or
other sexual assault.
881
00:40:16,030 --> 00:40:19,370
And [INAUDIBLE] is
one example of that.
882
00:40:19,370 --> 00:40:21,730
In the other study that
Bowling Green conducted,
883
00:40:21,730 --> 00:40:27,940
roughly 405 police officers
were prosecuted for rape,
884
00:40:27,940 --> 00:40:32,740
and another 600 were prosecuted
for forcible fondling,
885
00:40:32,740 --> 00:40:34,060
for example.
886
00:40:34,060 --> 00:40:36,040
But when we go beyond
traditional policing
887
00:40:36,040 --> 00:40:39,280
institutions, we still see
this happening-- this policing
888
00:40:39,280 --> 00:40:43,810
of gender, sexuality,
the way in which
889
00:40:43,810 --> 00:40:46,870
Black women appear
in their homes
890
00:40:46,870 --> 00:40:48,800
and attempt to care
for their families.
891
00:40:48,800 --> 00:40:52,330
So in the context of
welfare institutions,
892
00:40:52,330 --> 00:40:54,640
a case called Sanchez
versus the County
893
00:40:54,640 --> 00:40:56,290
of San Diego,
authorized warrantless
894
00:40:56,290 --> 00:40:59,170
searches of the homes
of individuals who
895
00:40:59,170 --> 00:41:03,080
were reliant on public housing.
896
00:41:03,080 --> 00:41:06,490
And this was done, again, by
members of law enforcement,
897
00:41:06,490 --> 00:41:08,320
this was done by
welfare investigators.
898
00:41:08,320 --> 00:41:10,540
And information
that was obtained
899
00:41:10,540 --> 00:41:12,610
during the course of
those warrantless searches
900
00:41:12,610 --> 00:41:17,050
could result in
criminal prosecution.
901
00:41:17,050 --> 00:41:19,040
Black women and
other women of color
902
00:41:19,040 --> 00:41:22,250
encounter surveillance
in hospitals and schools.
903
00:41:22,250 --> 00:41:24,760
There've been a number of
cases of Black women being
904
00:41:24,760 --> 00:41:27,550
subject to arrest and
prosecution for conduct
905
00:41:27,550 --> 00:41:28,940
during pregnancy.
906
00:41:28,940 --> 00:41:30,940
So we see all of
these other sites,
907
00:41:30,940 --> 00:41:34,030
outside of this sort of
traditional beat cop,
908
00:41:34,030 --> 00:41:37,060
outside of the traditional
forms of law enforcement, that
909
00:41:37,060 --> 00:41:41,478
cohere into forms of policing
that we also need to be talking
910
00:41:41,478 --> 00:41:43,270
about, that we also
need to be addressing--
911
00:41:43,270 --> 00:41:46,720
these logics of punishment that
Sasha mentioned, when we talk
912
00:41:46,720 --> 00:41:48,550
about governing through crime.
913
00:41:48,550 --> 00:41:52,060
So when we want to talk
about dismantling the police,
914
00:41:52,060 --> 00:41:54,830
or defunding the police,
or reforming the police,
915
00:41:54,830 --> 00:41:56,380
we have to be talking
about policing,
916
00:41:56,380 --> 00:41:59,320
and we have to look at
how these logics appear
917
00:41:59,320 --> 00:42:02,590
in multiple institutions, and
the way in which they affect
918
00:42:02,590 --> 00:42:05,080
a diverse set of
populations, including
919
00:42:05,080 --> 00:42:06,370
Black women and girls.
920
00:42:06,370 --> 00:42:08,830
And only when we can liberate
Black women and girls
921
00:42:08,830 --> 00:42:10,240
from these forms
of surveillance,
922
00:42:10,240 --> 00:42:12,730
policing, when we can
liberate trans people,
923
00:42:12,730 --> 00:42:14,590
and we can liberate
people who are
924
00:42:14,590 --> 00:42:16,840
disabled from these
systems of surveillance
925
00:42:16,840 --> 00:42:19,870
and policing that occur across
a broad swath of institutions,
926
00:42:19,870 --> 00:42:22,780
can we say that we have
firmly dealt with the problem
927
00:42:22,780 --> 00:42:24,533
of policing in America.
928
00:42:24,533 --> 00:42:25,700
That's all, I'll stop there.
929
00:42:25,700 --> 00:42:26,200
Thank you.
930
00:42:26,200 --> 00:42:26,388
931
00:42:26,388 --> 00:42:28,430
ANDREW CRESPO: Thank you
so much, Professor Ocen.
932
00:42:28,430 --> 00:42:30,090
And welcome, DA Rollins.
933
00:42:30,090 --> 00:42:31,690
It's wonderful to see you again.
934
00:42:31,690 --> 00:42:33,240
Thank you for making it.
935
00:42:33,240 --> 00:42:35,555
We've explained to our
audience the sad reasons
936
00:42:35,555 --> 00:42:37,680
why you weren't able to
join us right at the start.
937
00:42:37,680 --> 00:42:40,140
RACHAEL ROLLINS: The hardest
thing I've ever done in my life
938
00:42:40,140 --> 00:42:41,265
was getting onto this Zoom.
939
00:42:41,265 --> 00:42:41,880
But I made it.
940
00:42:41,880 --> 00:42:43,140
So I'm very happy.
941
00:42:43,140 --> 00:42:44,848
ANDREW CRESPO: We're
so glad you're here.
942
00:42:44,848 --> 00:42:45,450
Thank you.
943
00:42:45,450 --> 00:42:48,330
And you're here just in
time, because we've just
944
00:42:48,330 --> 00:42:51,810
come to where we are asking
folks to share their opening
945
00:42:51,810 --> 00:42:54,480
remarks, and we're up to you.
946
00:42:54,480 --> 00:42:56,340
And the question that
we put to the panel
947
00:42:56,340 --> 00:42:58,830
was just what should
we as a country
948
00:42:58,830 --> 00:43:00,720
be learning from the
killing of George
949
00:43:00,720 --> 00:43:02,190
Floyd and so many others?
950
00:43:02,190 --> 00:43:04,080
How should we
understand this summer
951
00:43:04,080 --> 00:43:05,430
of protests we've just seen?
952
00:43:05,430 --> 00:43:08,490
And where do we take
the institutions
953
00:43:08,490 --> 00:43:11,430
of policing, given this
potential crossroads
954
00:43:11,430 --> 00:43:12,180
we're standing at?
955
00:43:12,180 --> 00:43:13,680
And we'd love to
hear your thoughts.
956
00:43:13,680 --> 00:43:15,730
And then we'll ask some
questions of the group.
957
00:43:15,730 --> 00:43:17,070
RACHAEL ROLLINS: Sure.
958
00:43:17,070 --> 00:43:21,300
I think what many people
are seeing with respect
959
00:43:21,300 --> 00:43:23,820
to the murders of
George Floyd, Ahmaud
960
00:43:23,820 --> 00:43:25,450
Arbery, and Brianna Taylor--
961
00:43:25,450 --> 00:43:28,140
which, of course, we've now
had two different iterations
962
00:43:28,140 --> 00:43:31,470
after that batch there--
963
00:43:31,470 --> 00:43:36,250
is what many communities have
been screaming for centuries,
964
00:43:36,250 --> 00:43:37,320
right?
965
00:43:37,320 --> 00:43:42,000
I like to point out to people
that, where we find ourselves
966
00:43:42,000 --> 00:43:45,480
for cultural reference-- this
is why Colin Kaepernick silently
967
00:43:45,480 --> 00:43:49,320
took a knee and people lost
their minds, because he
968
00:43:49,320 --> 00:43:52,770
was silently protesting
police brutality.
969
00:43:52,770 --> 00:43:54,810
There was an amazing
article in the Washington
970
00:43:54,810 --> 00:43:58,050
Post a few months back
where it said, two knees--
971
00:43:58,050 --> 00:43:59,250
you have to choose one.
972
00:43:59,250 --> 00:44:04,180
Either Colin Kaepernick's, or
Derek Chauvin's-- you can't opt
973
00:44:04,180 --> 00:44:04,680
out.
974
00:44:04,680 --> 00:44:08,280
You must choose which one
that you will support.
975
00:44:08,280 --> 00:44:12,030
I think where we find ourselves
is a moment of reckoning
976
00:44:12,030 --> 00:44:13,740
and a need for atonement.
977
00:44:13,740 --> 00:44:17,430
And although the
police are getting--
978
00:44:17,430 --> 00:44:21,750
and I believe justifiably
in much of it--
979
00:44:21,750 --> 00:44:26,690
taken to task with
respect to some
980
00:44:26,690 --> 00:44:28,730
of this outrageous,
and murderous,
981
00:44:28,730 --> 00:44:32,840
and felonious behavior, we have
to look at district attorneys,
982
00:44:32,840 --> 00:44:33,500
as well.
983
00:44:33,500 --> 00:44:36,380
When we think about an
Ahmaud Arbery, all of us
984
00:44:36,380 --> 00:44:39,200
have watched that video
of a lynching-- which,
985
00:44:39,200 --> 00:44:41,300
let's be very clear,
the definition--
986
00:44:41,300 --> 00:44:43,730
yes, there was not a
rope, but that's not what
987
00:44:43,730 --> 00:44:46,490
the definition of lynching is.
988
00:44:46,490 --> 00:44:51,200
And three district attorneys'
offices watched that same video
989
00:44:51,200 --> 00:44:54,970
we've all seen of the
McMichaels hunting
990
00:44:54,970 --> 00:44:57,990
Ahmaud, and then killing him.
991
00:44:57,990 --> 00:45:00,200
We now know the youngest
McMichael, Travis,
992
00:45:00,200 --> 00:45:03,800
uttered a racial slur as
Ahmaud took his last breaths.
993
00:45:03,800 --> 00:45:05,840
Three district attorneys
watch that video
994
00:45:05,840 --> 00:45:07,640
and said, looks fine.
995
00:45:07,640 --> 00:45:11,120
Georgia has a citizen's
arrest statute.
996
00:45:11,120 --> 00:45:13,580
This seems clear.
997
00:45:13,580 --> 00:45:15,290
What I think where
we find ourselves
998
00:45:15,290 --> 00:45:19,550
is many other communities
are now recognizing
999
00:45:19,550 --> 00:45:21,860
that poor people and
Black and brown people,
1000
00:45:21,860 --> 00:45:26,600
overwhelmingly, receive a very
different police department
1001
00:45:26,600 --> 00:45:29,390
than other people
do, receive a very
1002
00:45:29,390 --> 00:45:33,140
different criminal legal
system than many others do.
1003
00:45:33,140 --> 00:45:35,810
And as a progressive
prosecutor myself,
1004
00:45:35,810 --> 00:45:37,910
I think people
are fearful that I
1005
00:45:37,910 --> 00:45:39,800
want to pull the
ceiling that they
1006
00:45:39,800 --> 00:45:44,480
get to walk in with the
assumption of innocence
1007
00:45:44,480 --> 00:45:47,120
and not guilt, walk
in with the belief
1008
00:45:47,120 --> 00:45:49,430
that the system
actually works, I
1009
00:45:49,430 --> 00:45:51,530
want to drag that
down to the floor
1010
00:45:51,530 --> 00:45:55,310
of where poor Black and brown
people experience the system.
1011
00:45:55,310 --> 00:45:57,770
And when they say that,
they don't use those words.
1012
00:45:57,770 --> 00:45:59,510
I say, but you're
proving my point.
1013
00:45:59,510 --> 00:46:01,410
There are two systems, right?
1014
00:46:01,410 --> 00:46:03,510
I want to lift the
floor to the ceiling.
1015
00:46:03,510 --> 00:46:06,890
I want everyone to feel
as though, because our tax
1016
00:46:06,890 --> 00:46:10,520
dollars pay for it, and
many individuals, immigrants
1017
00:46:10,520 --> 00:46:14,390
documented or undocumented,
some at times paying taxes
1018
00:46:14,390 --> 00:46:18,230
into our system, yet a system
that is failing them every day.
1019
00:46:18,230 --> 00:46:22,250
And not just failing them, in
some instances killing them
1020
00:46:22,250 --> 00:46:24,590
with impunity.
1021
00:46:24,590 --> 00:46:28,880
Deporting them for matters
that, if as an American,
1022
00:46:28,880 --> 00:46:31,490
we wouldn't even potentially
be looking at things.
1023
00:46:31,490 --> 00:46:36,500
I have stood up and fought on
behalf of individuals that had
1024
00:46:36,500 --> 00:46:40,970
a misdemeanor seven years ago,
that was going to be deported
1025
00:46:40,970 --> 00:46:44,990
back to Somalia, where he
spent two days of his life--
1026
00:46:44,990 --> 00:46:46,520
the first two days of his life--
1027
00:46:46,520 --> 00:46:48,590
then went to Saudi
Arabia, and then
1028
00:46:48,590 --> 00:46:53,050
ultimately came to the
United States in his teens--
1029
00:46:53,050 --> 00:46:54,350
was going to be deported back.
1030
00:46:54,350 --> 00:46:56,300
So I think where
we find ourselves,
1031
00:46:56,300 --> 00:47:00,210
what we see with police and law
enforcement-- which of course,
1032
00:47:00,210 --> 00:47:02,150
includes ICE and
the federal agents,
1033
00:47:02,150 --> 00:47:05,090
as well as state
and local actors--
1034
00:47:05,090 --> 00:47:07,130
is a moment of reckoning.
1035
00:47:07,130 --> 00:47:14,300
And I am optimistic that this
is-- cautiously optimistic--
1036
00:47:14,300 --> 00:47:21,890
that we are going to keep
the pressure on, and make
1037
00:47:21,890 --> 00:47:26,660
significant change with
respect to policing.
1038
00:47:26,660 --> 00:47:29,180
And I might not use
the word defund,
1039
00:47:29,180 --> 00:47:31,850
but I support whatever
words people are
1040
00:47:31,850 --> 00:47:33,980
using, because they're
fed up and tired,
1041
00:47:33,980 --> 00:47:36,290
as well they should be.
1042
00:47:36,290 --> 00:47:41,050
And when we protest
peacefully, nobody listens.
1043
00:47:41,050 --> 00:47:43,880
When we take a knee
quietly, nobody listens.
1044
00:47:43,880 --> 00:47:47,650
So when we scream and yell,
or maybe break a window
1045
00:47:47,650 --> 00:47:51,970
or engage in behavior with
respect to property damage--
1046
00:47:51,970 --> 00:47:54,970
our country values
property more than they
1047
00:47:54,970 --> 00:47:58,330
do our bodies, our Black
and brown and poor bodies.
1048
00:47:58,330 --> 00:48:02,170
And they will point
to that less than 1%
1049
00:48:02,170 --> 00:48:06,790
of the masses that might engage
in violence, where insurance
1050
00:48:06,790 --> 00:48:09,430
fixes those windows,
that building
1051
00:48:09,430 --> 00:48:11,530
gets that property back.
1052
00:48:11,530 --> 00:48:14,470
George Floyd's family is
never going to see him again,
1053
00:48:14,470 --> 00:48:18,080
neither is Brianna Taylor, or
Elijah McClain's, et cetera.
1054
00:48:18,080 --> 00:48:20,980
So we have to keep
the pressure on.
1055
00:48:20,980 --> 00:48:25,300
The unions, the police unions,
are fighting tooth and nail
1056
00:48:25,300 --> 00:48:29,380
to change any
situation that we have,
1057
00:48:29,380 --> 00:48:32,770
where there is going to be more
transparency, more oversight.
1058
00:48:32,770 --> 00:48:36,610
They love the fact that
they get to self-regulate.
1059
00:48:36,610 --> 00:48:42,220
And anyone who questions them
gets labeled soft on crime.
1060
00:48:42,220 --> 00:48:47,890
So we are in an incredibly
unique situation, but I think--
1061
00:48:47,890 --> 00:48:49,690
I'm cautiously optimistic
that we're going
1062
00:48:49,690 --> 00:48:53,120
to see some profound change.
1063
00:48:53,120 --> 00:48:54,620
ANDREW CRESPO: Thank
you all so much
1064
00:48:54,620 --> 00:48:57,890
for these terrific remarks
that just set the table
1065
00:48:57,890 --> 00:48:58,990
and set the frame.
1066
00:48:58,990 --> 00:49:02,030
Hopefully everyone at home
now is able to see all of us.
1067
00:49:02,030 --> 00:49:04,730
We're trying to have
the Brady Bunch set-up
1068
00:49:04,730 --> 00:49:08,450
now, because we're going to
move into some discussion.
1069
00:49:08,450 --> 00:49:11,250
And all of you who are sending
in questions to the Q&A,
1070
00:49:11,250 --> 00:49:11,750
thank you.
1071
00:49:11,750 --> 00:49:15,560
Because we can read them here,
and we're trying to both--
1072
00:49:15,560 --> 00:49:17,913
we're drawing on them and
melding some of them together.
1073
00:49:17,913 --> 00:49:20,330
So if we don't quite read out
your name and your question,
1074
00:49:20,330 --> 00:49:21,800
please note that
we're also reading
1075
00:49:21,800 --> 00:49:23,967
them and trying to get as
many into the conversation
1076
00:49:23,967 --> 00:49:24,780
as we can.
1077
00:49:24,780 --> 00:49:31,360
The first question
here is to Ms. Bush.
1078
00:49:31,360 --> 00:49:34,130
You know, hearing
you speak, there
1079
00:49:34,130 --> 00:49:37,130
is this powerful
language of activism
1080
00:49:37,130 --> 00:49:39,650
animating your diagnosis.
1081
00:49:39,650 --> 00:49:41,810
And then, hearing
Professor Harmon speak,
1082
00:49:41,810 --> 00:49:47,330
there was this similar diagnosis
in the language of legislation,
1083
00:49:47,330 --> 00:49:48,657
law, policy reform.
1084
00:49:48,657 --> 00:49:50,240
And it occurs to me,
hearing you talk,
1085
00:49:50,240 --> 00:49:53,150
that you're kind of on
the cusp of these two
1086
00:49:53,150 --> 00:49:54,800
ways of looking at the problem.
1087
00:49:54,800 --> 00:49:56,450
And I was reminded
in thinking of that,
1088
00:49:56,450 --> 00:49:58,232
of something that someone who--
1089
00:49:58,232 --> 00:49:59,690
again, come January,
is very likely
1090
00:49:59,690 --> 00:50:02,150
to be your colleague, the
chairwoman of the Congressional
1091
00:50:02,150 --> 00:50:04,310
Black Caucus,
representative Karen Bass,
1092
00:50:04,310 --> 00:50:06,770
who was asked recently about
some of the police reform
1093
00:50:06,770 --> 00:50:09,410
legislation that is working
its way through Congress.
1094
00:50:09,410 --> 00:50:11,300
And one of the things
she said in response
1095
00:50:11,300 --> 00:50:13,730
was, it's the role of
an activist to push us
1096
00:50:13,730 --> 00:50:15,350
as far as they can push us.
1097
00:50:15,350 --> 00:50:18,830
It's our role to legislate,
and that is a different role.
1098
00:50:18,830 --> 00:50:20,450
I'm just kind of
curious, as someone
1099
00:50:20,450 --> 00:50:24,150
who is in this maybe
transition moment in life,
1100
00:50:24,150 --> 00:50:27,800
or is straddling
these two worlds,
1101
00:50:27,800 --> 00:50:29,480
do you see those
roles as different?
1102
00:50:29,480 --> 00:50:31,820
If so, how are they
different, and what
1103
00:50:31,820 --> 00:50:35,150
is it that you are
hoping to accomplish
1104
00:50:35,150 --> 00:50:38,010
for all of these bills
you've talked about?
1105
00:50:38,010 --> 00:50:39,590
By making that
move from where you
1106
00:50:39,590 --> 00:50:43,520
have been, as an
organizer and an activist,
1107
00:50:43,520 --> 00:50:45,860
into the halls of
Congress as a legislator,
1108
00:50:45,860 --> 00:50:50,670
what are you most hoping
to achieve by that?
1109
00:50:50,670 --> 00:50:52,650
CORI BUSH: Most
hoping to achieve?
1110
00:50:52,650 --> 00:50:57,270
You know, just doing this
thing different in our day.
1111
00:50:57,270 --> 00:50:59,430
Some things aren't
happening just simply
1112
00:50:59,430 --> 00:51:01,500
because somebody who
has the vision to do
1113
00:51:01,500 --> 00:51:04,200
it just hasn't done it yet.
1114
00:51:04,200 --> 00:51:07,200
So I want to take us
from a place of thinking
1115
00:51:07,200 --> 00:51:09,720
that we have to
walk and do things
1116
00:51:09,720 --> 00:51:11,520
within the confines
of what we know,
1117
00:51:11,520 --> 00:51:15,120
or who did it before, or--
1118
00:51:15,120 --> 00:51:16,680
forget all of that.
1119
00:51:16,680 --> 00:51:18,788
What I saw on the
streets of Ferguson
1120
00:51:18,788 --> 00:51:20,580
was something that I
never thought I'd see.
1121
00:51:20,580 --> 00:51:21,360
1122
00:51:21,360 --> 00:51:25,740
But what I also saw was
how the entire world, just
1123
00:51:25,740 --> 00:51:27,540
all over the world,
people stood up.
1124
00:51:27,540 --> 00:51:30,780
And how many changes have
happened across our country
1125
00:51:30,780 --> 00:51:33,510
even now, six years later,
because people did something
1126
00:51:33,510 --> 00:51:35,130
that they never
thought they would do.
1127
00:51:35,130 --> 00:51:37,560
And people did-- people
spoke up and stood up.
1128
00:51:37,560 --> 00:51:39,832
Like people said that
they couldn't, you
1129
00:51:39,832 --> 00:51:41,790
know, oh, you can't do
that, you can't do that.
1130
00:51:41,790 --> 00:51:42,550
But we did it.
1131
00:51:42,550 --> 00:51:43,470
And now we're here.
1132
00:51:43,470 --> 00:51:48,360
So I'm walking into
the doors of Congress,
1133
00:51:48,360 --> 00:51:52,470
hopefully in January,
as a politivist--
1134
00:51:52,470 --> 00:51:55,890
you know, I'm being
told I have to shave off
1135
00:51:55,890 --> 00:51:59,370
the rough edges of the
activist and all of that
1136
00:51:59,370 --> 00:52:02,265
to come into these doors,
but I push back on that
1137
00:52:02,265 --> 00:52:03,640
and say, I don't
have to do that.
1138
00:52:03,640 --> 00:52:05,490
I'm bringing the
activist into Congress,
1139
00:52:05,490 --> 00:52:07,890
because it's the reason
why I want to go,
1140
00:52:07,890 --> 00:52:09,870
is because of what I've
seen as an activist,
1141
00:52:09,870 --> 00:52:12,630
and because I've had to
step into being an activist.
1142
00:52:12,630 --> 00:52:14,990
Because if there was nothing
there, I wouldn't have to--
1143
00:52:14,990 --> 00:52:16,740
I could be a nurse and
a pastor somewhere.
1144
00:52:16,740 --> 00:52:17,940
You know, I could
be taking care of--
1145
00:52:17,940 --> 00:52:19,315
I'm a single
parent, you know, me
1146
00:52:19,315 --> 00:52:22,230
and my kids, me and my three,
you know, that could be me.
1147
00:52:22,230 --> 00:52:24,990
But instead, there are all of
these problems that continue
1148
00:52:24,990 --> 00:52:26,590
to happen in our communities.
1149
00:52:26,590 --> 00:52:28,770
I remember, at one point
people kept saying to us,
1150
00:52:28,770 --> 00:52:30,960
oh, you activists are so mean.
1151
00:52:30,960 --> 00:52:32,550
You're so mean and
you're so angry.
1152
00:52:32,550 --> 00:52:34,140
Like where is your forgiveness?
1153
00:52:34,140 --> 00:52:35,880
You should be
forgiving, like we need
1154
00:52:35,880 --> 00:52:38,820
to move into a place of not
just truth, but reconciliation.
1155
00:52:38,820 --> 00:52:40,260
When do we get to
reconciliation?
1156
00:52:40,260 --> 00:52:42,990
And how do we get
to reconciliation
1157
00:52:42,990 --> 00:52:44,620
if you keep killing us?
1158
00:52:44,620 --> 00:52:46,528
And so we push truth
for a long time,
1159
00:52:46,528 --> 00:52:48,570
and then we're talking--
so many groups right now
1160
00:52:48,570 --> 00:52:49,740
are talking conciliation.
1161
00:52:49,740 --> 00:52:50,873
I got it.
1162
00:52:50,873 --> 00:52:52,290
But don't try to
get me to a place
1163
00:52:52,290 --> 00:52:54,750
of reconciling
and forgiving when
1164
00:52:54,750 --> 00:52:56,260
these things continue to occur.
1165
00:52:56,260 --> 00:52:58,710
And so I'm walking
into those doors
1166
00:52:58,710 --> 00:53:00,613
remembering what my
face felt like when
1167
00:53:00,613 --> 00:53:03,030
it hit the ground when I was
brutalized by the police when
1168
00:53:03,030 --> 00:53:04,200
they threw me in the air.
1169
00:53:04,200 --> 00:53:06,390
I remember seeing the stars
coming towards my face,
1170
00:53:06,390 --> 00:53:08,182
and then the ground
coming towards my face.
1171
00:53:08,182 --> 00:53:09,890
I couldn't understand
what was happening.
1172
00:53:09,890 --> 00:53:10,980
Why am I seeing the stars?
1173
00:53:10,980 --> 00:53:13,200
Didn't realize they had
threw me up in the air.
1174
00:53:13,200 --> 00:53:15,840
And then, just remembering how
my face felt on the ground,
1175
00:53:15,840 --> 00:53:18,570
on that hard concrete,
while it was being stomped
1176
00:53:18,570 --> 00:53:19,920
by several police officers.
1177
00:53:19,920 --> 00:53:23,460
Remembering every time I
saw someone hung upside down
1178
00:53:23,460 --> 00:53:25,530
and hog-tied, hanging
off of a baton,
1179
00:53:25,530 --> 00:53:27,360
because they said
no to an officer.
1180
00:53:27,360 --> 00:53:29,760
Every time somebody
stepped over off of a curb,
1181
00:53:29,760 --> 00:53:31,680
and just because they
stepped off of the curb,
1182
00:53:31,680 --> 00:53:34,108
and you got near that white
line in the street, that
1183
00:53:34,108 --> 00:53:36,150
meant you were impeding
traffic, so now you could
1184
00:53:36,150 --> 00:53:37,473
be brutalized by the police.
1185
00:53:37,473 --> 00:53:39,390
I remember all of that,
and I won't forget it.
1186
00:53:39,390 --> 00:53:41,895
I won't forget what the
rubber bullets felt like.
1187
00:53:41,895 --> 00:53:43,270
I won't forget
the bare mace that
1188
00:53:43,270 --> 00:53:47,060
burned my skin for 22 hours
back on July the 5th this year.
1189
00:53:47,060 --> 00:53:48,360
You know, I won't forget that.
1190
00:53:48,360 --> 00:53:49,980
And so I'm taking
that in those doors,
1191
00:53:49,980 --> 00:53:51,885
because that voice has
to be there, as well.
1192
00:53:51,885 --> 00:53:53,760
Yes, I will work on
policy because I remember
1193
00:53:53,760 --> 00:53:55,155
what that burning felt like.
1194
00:53:55,155 --> 00:53:57,030
Yes, I will remember
every single person that
1195
00:53:57,030 --> 00:53:59,113
was out there and the
things that we went through,
1196
00:53:59,113 --> 00:54:02,010
whether it was with the police,
or whether it was with the DA,
1197
00:54:02,010 --> 00:54:03,900
whether it was
with the judge, we
1198
00:54:03,900 --> 00:54:05,760
got to talk about
the entire system.
1199
00:54:05,760 --> 00:54:09,050
And so that is
how I'm going to--
1200
00:54:09,050 --> 00:54:12,600
and that will inform policy.
1201
00:54:12,600 --> 00:54:15,990
RACHAEL ROLLINS: If I could
add, as an elected myself--
1202
00:54:15,990 --> 00:54:19,080
and I wish I could vote in
wherever you're running,
1203
00:54:19,080 --> 00:54:22,240
Ms. Bush, because I
would send two votes in.
1204
00:54:22,240 --> 00:54:24,660
But I'm telling
you, I used to say
1205
00:54:24,660 --> 00:54:27,540
when everyone-- when we talk
about wealth-based disparities
1206
00:54:27,540 --> 00:54:30,000
and race-based disparities,
and people say to me,
1207
00:54:30,000 --> 00:54:32,520
as well, why don't you smile?
1208
00:54:32,520 --> 00:54:33,990
You're always so angry.
1209
00:54:33,990 --> 00:54:35,820
And I say, when do I smile?
1210
00:54:35,820 --> 00:54:39,330
When I'm talking
about, I don't know,
1211
00:54:39,330 --> 00:54:42,450
somebody squeezing the
life out of George Floyd
1212
00:54:42,450 --> 00:54:44,310
for eight minutes
and 46 seconds,
1213
00:54:44,310 --> 00:54:46,080
does the smile come after that?
1214
00:54:46,080 --> 00:54:47,430
When does the smile come?
1215
00:54:47,430 --> 00:54:49,380
None of this is funny.
1216
00:54:49,380 --> 00:54:52,410
If white communities
woke up and had--
1217
00:54:52,410 --> 00:54:54,540
they went to sleep and
then woke up the next day,
1218
00:54:54,540 --> 00:54:57,120
and all of their police
officers were black,
1219
00:54:57,120 --> 00:54:59,640
and they beat the crap
out of their kids,
1220
00:54:59,640 --> 00:55:03,058
or FIOed them constantly,
or were harassing them
1221
00:55:03,058 --> 00:55:05,100
on the way to school, and
pulling them over-- you
1222
00:55:05,100 --> 00:55:09,420
would have your congressman,
your senator, your mayor,
1223
00:55:09,420 --> 00:55:11,250
your city council,
the governor--
1224
00:55:11,250 --> 00:55:13,680
you'd be demanding
justice immediately.
1225
00:55:13,680 --> 00:55:17,460
That is what our lived
experience is every single day.
1226
00:55:17,460 --> 00:55:21,420
We are policed, and
over-policed and over-prosecuted
1227
00:55:21,420 --> 00:55:24,420
in every aspect of our lives.
1228
00:55:24,420 --> 00:55:27,030
And so for me, I
like to say, when
1229
00:55:27,030 --> 00:55:29,130
people say when do we
get to reconciliation?
1230
00:55:29,130 --> 00:55:31,980
I'm the oldest of five, and
if I looked at my brother
1231
00:55:31,980 --> 00:55:33,420
and slapped him
dead in the face,
1232
00:55:33,420 --> 00:55:35,810
and then said, from
this moment forward,
1233
00:55:35,810 --> 00:55:38,280
we are going to have peace
in this relationship.
1234
00:55:38,280 --> 00:55:42,120
As his cheek was stinging
he'd say, wait, so now
1235
00:55:42,120 --> 00:55:43,030
we have peace?
1236
00:55:43,030 --> 00:55:44,010
I don't get to--
1237
00:55:44,010 --> 00:55:46,510
you know, and nobody saying
we need to swing back.
1238
00:55:46,510 --> 00:55:49,770
But what you haven't even
done is acknowledge the harm.
1239
00:55:49,770 --> 00:55:51,840
We have a president right
now that does not even
1240
00:55:51,840 --> 00:55:56,370
want to acknowledge the 1619
Project from The New York
1241
00:55:56,370 --> 00:55:56,940
Times.
1242
00:55:56,940 --> 00:56:00,150
This isn't an article that
I'm writing in my home
1243
00:56:00,150 --> 00:56:02,040
as some zealot,
this is The New York
1244
00:56:02,040 --> 00:56:04,050
Times that is doing this work.
1245
00:56:04,050 --> 00:56:05,640
They don't even
want to acknowledge
1246
00:56:05,640 --> 00:56:09,480
the slavery, the redlining,
the reconstruction,
1247
00:56:09,480 --> 00:56:12,398
all of the Jim Crow era--
1248
00:56:12,398 --> 00:56:14,190
they don't want to talk
about it because it
1249
00:56:14,190 --> 00:56:16,020
makes them uncomfortable.
1250
00:56:16,020 --> 00:56:20,700
I think murder is Trump's
uncomfortability every--
1251
00:56:20,700 --> 00:56:21,780
you get my point.
1252
00:56:21,780 --> 00:56:23,490
I don't care about
your uncomfortability,
1253
00:56:23,490 --> 00:56:25,440
or being comfortable,
if my people
1254
00:56:25,440 --> 00:56:29,850
are still being murdered,
maimed, and brutalized in 2020.
1255
00:56:29,850 --> 00:56:33,720
So we need more people
that are politivists.
1256
00:56:33,720 --> 00:56:36,480
And I don't know whether
I'm a district attorneyist,
1257
00:56:36,480 --> 00:56:42,000
but I will tell you, what I love
about my job is the autonomy.
1258
00:56:42,000 --> 00:56:43,500
We need a Cori Bush.
1259
00:56:43,500 --> 00:56:46,560
We have already-- and we
are lucky in Massachusetts,
1260
00:56:46,560 --> 00:56:48,390
Congresswoman Ayanna Pressley.
1261
00:56:48,390 --> 00:56:53,370
People that lead, and are
their true and full selves.
1262
00:56:53,370 --> 00:56:57,360
But I agree with you, don't ever
forget those lived experience.
1263
00:56:57,360 --> 00:57:00,540
That is what needs to be brought
to our halls of Congress.
1264
00:57:00,540 --> 00:57:04,320
I don't forget as the DA
visiting my siblings who
1265
00:57:04,320 --> 00:57:08,160
have been incarcerated,
visiting my siblings who
1266
00:57:08,160 --> 00:57:10,620
struggle with mental health
issues or substance use
1267
00:57:10,620 --> 00:57:13,560
disorder, being the
guardian of two of my nieces
1268
00:57:13,560 --> 00:57:14,760
as a result of that.
1269
00:57:14,760 --> 00:57:18,540
I walk to work every day with
that lived experience, and try
1270
00:57:18,540 --> 00:57:23,310
to lead with that lens, not just
let's fling them all in jail
1271
00:57:23,310 --> 00:57:24,780
and let the sheriff
figure it out.
1272
00:57:24,780 --> 00:57:27,890
1273
00:57:27,890 --> 00:57:29,670
ALEXANDRA NATAPOFF: Wow.
1274
00:57:29,670 --> 00:57:33,360
I want to invite Professor
Ocen into this precise moment
1275
00:57:33,360 --> 00:57:35,830
of the conversation.
1276
00:57:35,830 --> 00:57:38,640
And DA Rollins, you just
mentioned the sheriff--
1277
00:57:38,640 --> 00:57:41,640
Professor Ocen, you are on
the oversight commission that
1278
00:57:41,640 --> 00:57:45,750
oversees the LA county
sheriff's department,
1279
00:57:45,750 --> 00:57:48,360
and you are also deeply
engaged in community
1280
00:57:48,360 --> 00:57:50,520
activism in Los Angeles.
1281
00:57:50,520 --> 00:57:53,070
And in many ways, you are
straddling that same line
1282
00:57:53,070 --> 00:57:57,570
that so many on this
panel are straddling.
1283
00:57:57,570 --> 00:58:00,090
In your previous remarks,
you mentioned something
1284
00:58:00,090 --> 00:58:04,110
that I don't think that we
appreciate enough, which
1285
00:58:04,110 --> 00:58:10,080
is the risk of impunity that
we grant to police officers,
1286
00:58:10,080 --> 00:58:11,850
not just on the job
but off the job.
1287
00:58:11,850 --> 00:58:15,540
You mentioned the very high
rates of domestic violence
1288
00:58:15,540 --> 00:58:20,360
that police officers engage in,
high rates of sexual assault.
1289
00:58:20,360 --> 00:58:23,370
And I want to ask you to
meditate on this question
1290
00:58:23,370 --> 00:58:28,980
of the role of law, when we
see examples of law enforcement
1291
00:58:28,980 --> 00:58:30,138
officials and--
1292
00:58:30,138 --> 00:58:32,430
and perhaps if you want to
talk about it, the sheriff's
1293
00:58:32,430 --> 00:58:37,380
department that you oversee,
feeling that they have
1294
00:58:37,380 --> 00:58:40,220
some ability to ignore the law.
1295
00:58:40,220 --> 00:58:45,250
And just ask you to join in
this conversation at that space.
1296
00:58:45,250 --> 00:58:47,970
PRISCILLA OCEN: Yes, so
part of what I've really
1297
00:58:47,970 --> 00:58:50,820
been thinking about in
terms of my academic work,
1298
00:58:50,820 --> 00:58:53,490
my activist work,
and my policy work,
1299
00:58:53,490 --> 00:58:58,020
is the efficacy of reform,
and the efficacy of law
1300
00:58:58,020 --> 00:59:00,750
and regulating and governing
police departments.
1301
00:59:00,750 --> 00:59:04,660
We see policing as
a basic social good,
1302
00:59:04,660 --> 00:59:07,740
as something that our
elected representatives
1303
00:59:07,740 --> 00:59:09,690
and our government
has an obligation
1304
00:59:09,690 --> 00:59:12,090
to provide to the
public to ensure
1305
00:59:12,090 --> 00:59:15,300
that we are all safe and
secure in our communities.
1306
00:59:15,300 --> 00:59:18,030
And that's effectuated
by police, who
1307
00:59:18,030 --> 00:59:19,300
also ensure the rule of law.
1308
00:59:19,300 --> 00:59:22,080
That's the sort of
traditional story.
1309
00:59:22,080 --> 00:59:27,480
And so when police fall afoul of
our basic expectations of them
1310
00:59:27,480 --> 00:59:33,360
by engaging in excessive use
of force, by murdering people,
1311
00:59:33,360 --> 00:59:36,660
brutalizing people, lying,
and so forth, we often
1312
00:59:36,660 --> 00:59:39,480
chalk that up because of how
valorized law enforcement is,
1313
00:59:39,480 --> 00:59:42,840
to a few bad apples
who can be reformed
1314
00:59:42,840 --> 00:59:45,930
or rooted out by policy reform.
1315
00:59:45,930 --> 00:59:49,110
We can appoint a
civilian oversight body,
1316
00:59:49,110 --> 00:59:51,930
we can eliminate
qualified immunity,
1317
00:59:51,930 --> 00:59:54,000
we can change the use
of force standards--
1318
00:59:54,000 --> 00:59:56,790
which is what we've been
doing here in California.
1319
00:59:56,790 --> 01:00:01,320
We can do any number of
things to try to give police
1320
01:00:01,320 --> 01:00:06,240
more inter-control
of their communities,
1321
01:00:06,240 --> 01:00:09,060
to ensure that police meet
the basic expectations
1322
01:00:09,060 --> 01:00:13,820
of professionalism, courtesy,
kindness, and law-abidingness
1323
01:00:13,820 --> 01:00:15,550
that we expect of them.
1324
01:00:15,550 --> 01:00:19,020
And so we utilize these
democratic reforms to try
1325
01:00:19,020 --> 01:00:20,820
to reform police departments.
1326
01:00:20,820 --> 01:00:23,850
And here's what I've learned
being on the civilian oversight
1327
01:00:23,850 --> 01:00:24,980
commission.
1328
01:00:24,980 --> 01:00:27,320
That these democratic
reforms don't work,
1329
01:00:27,320 --> 01:00:29,130
and we become
frustrated with them,
1330
01:00:29,130 --> 01:00:31,350
and we become angry--
especially the communities who
1331
01:00:31,350 --> 01:00:34,260
are directly impacted by them,
Black and Latino communities,
1332
01:00:34,260 --> 01:00:36,540
because we've been at
this for decades, trying
1333
01:00:36,540 --> 01:00:41,177
to reform inherently violent
and corrupt institutions.
1334
01:00:41,177 --> 01:00:43,260
And why haven't we been
able to reform the police,
1335
01:00:43,260 --> 01:00:45,840
despite decades and
decades of trying?
1336
01:00:45,840 --> 01:00:49,620
Despite multiple reports,
despite multiple commissions,
1337
01:00:49,620 --> 01:00:53,430
despite generations of
attention to this issue?
1338
01:00:53,430 --> 01:00:56,280
This is the conclusion I've come
to-- you can't fix the police
1339
01:00:56,280 --> 01:00:59,340
with democratic reforms
through the use of--
1340
01:00:59,340 --> 01:01:01,070
and through the
enactment of laws
1341
01:01:01,070 --> 01:01:02,700
through the democratic process.
1342
01:01:02,700 --> 01:01:06,420
Because the police are
inherently anti-democratic.
1343
01:01:06,420 --> 01:01:10,650
If you look at how they operate,
they routinely flout the law.
1344
01:01:10,650 --> 01:01:13,100
If we're talking about
consent decrees that
1345
01:01:13,100 --> 01:01:15,180
are imposed upon
police departments,
1346
01:01:15,180 --> 01:01:17,250
they intimidate
elected officials.
1347
01:01:17,250 --> 01:01:19,890
You can look at the
city of New York,
1348
01:01:19,890 --> 01:01:23,940
under Bill de Blasio, when
stop and frisk was terminated.
1349
01:01:23,940 --> 01:01:28,650
The way that the police unions
bullied and intimidated,
1350
01:01:28,650 --> 01:01:32,440
and attempted to intimidate
the mayor here in California.
1351
01:01:32,440 --> 01:01:36,150
We recently had an incident
where the police union ran ads
1352
01:01:36,150 --> 01:01:40,050
with a target on the back of
an elected representative.
1353
01:01:40,050 --> 01:01:44,700
They routinely lie in court
and on official documents,
1354
01:01:44,700 --> 01:01:48,970
when we expect our
law enforcement
1355
01:01:48,970 --> 01:01:51,090
entities to tell the truth.
1356
01:01:51,090 --> 01:01:54,965
They routinely flout directives
from their elected officials.
1357
01:01:54,965 --> 01:01:56,340
And that's the
problem that we're
1358
01:01:56,340 --> 01:01:58,830
having here in LA
county-- we have
1359
01:01:58,830 --> 01:02:01,110
been granted subpoena
power, which we've used.
1360
01:02:01,110 --> 01:02:03,120
Our sheriff has ignored it.
1361
01:02:03,120 --> 01:02:07,500
We have asked the sheriff to
cooperate with the inspector
1362
01:02:07,500 --> 01:02:10,260
general, in terms
of investigations
1363
01:02:10,260 --> 01:02:14,790
of police killings by members
of the sheriff's department.
1364
01:02:14,790 --> 01:02:16,350
We've been locked out.
1365
01:02:16,350 --> 01:02:19,485
We have asked the sheriff to
provide just basic information
1366
01:02:19,485 --> 01:02:22,110
about who is in our jails-- and
we have one of the largest jail
1367
01:02:22,110 --> 01:02:23,800
systems in the world.
1368
01:02:23,800 --> 01:02:25,590
We have been rebuffed.
1369
01:02:25,590 --> 01:02:28,370
Our sheriff has
called a Latina member
1370
01:02:28,370 --> 01:02:30,860
of our board of supervisors--
which funds the sheriff's
1371
01:02:30,860 --> 01:02:33,650
department-- a racial slur.
1372
01:02:33,650 --> 01:02:34,220
Why?
1373
01:02:34,220 --> 01:02:36,260
Because he knows he
can act with impunity,
1374
01:02:36,260 --> 01:02:40,040
and that there will be no
one to essentially check him,
1375
01:02:40,040 --> 01:02:42,270
aside from the voters
every four years.
1376
01:02:42,270 --> 01:02:45,665
And even then, those elections
have very low turnout,
1377
01:02:45,665 --> 01:02:47,540
and our sheriffs
essentially can't be checked
1378
01:02:47,540 --> 01:02:50,120
by any other democratic body.
1379
01:02:50,120 --> 01:02:53,930
So time and time again
we turn to the law,
1380
01:02:53,930 --> 01:02:57,410
we turn to the democratic
process to try to effect change
1381
01:02:57,410 --> 01:03:02,540
within violent law enforcement
institutions, and we fail.
1382
01:03:02,540 --> 01:03:04,700
Precisely because
law enforcement
1383
01:03:04,700 --> 01:03:07,490
simply flouts these
democratic initiatives,
1384
01:03:07,490 --> 01:03:10,450
and asserts their own
rules, their own culture
1385
01:03:10,450 --> 01:03:13,670
on the public with
tremendous harms, in the way
1386
01:03:13,670 --> 01:03:17,990
that Professor Harmon described.
1387
01:03:17,990 --> 01:03:20,870
ANDREW CRESPO: I think this
tees up for me what is--
1388
01:03:20,870 --> 01:03:24,500
directly it goes into a
question I have for DA Rollins.
1389
01:03:24,500 --> 01:03:27,470
DA Rollins, you live
between two worlds, also,
1390
01:03:27,470 --> 01:03:30,710
but of a different
sort of sort, right?
1391
01:03:30,710 --> 01:03:32,240
We've just heard
from Professor Ocen
1392
01:03:32,240 --> 01:03:36,320
about the enormous
power of police
1393
01:03:36,320 --> 01:03:38,180
unions, police institutions.
1394
01:03:38,180 --> 01:03:40,640
We're going to have an entire
session in this lecture
1395
01:03:40,640 --> 01:03:41,990
series on police unions.
1396
01:03:41,990 --> 01:03:46,010
But when Professor Ocen
talks about criticizing
1397
01:03:46,010 --> 01:03:48,140
or intimidated elected
officials, I mean,
1398
01:03:48,140 --> 01:03:49,640
a few days before
you were sworn in,
1399
01:03:49,640 --> 01:03:52,020
the National Police Association
filed a bar complaint
1400
01:03:52,020 --> 01:03:52,520
against you.
1401
01:03:52,520 --> 01:03:56,270
You've had you've had public
confrontations with police
1402
01:03:56,270 --> 01:03:58,488
unions locally and nationally.
1403
01:03:58,488 --> 01:04:00,530
And yet, at the same time,
I was listening to you
1404
01:04:00,530 --> 01:04:02,630
on WBUR just recently
talking about
1405
01:04:02,630 --> 01:04:05,512
how the vast majority of
police are doing a good job,
1406
01:04:05,512 --> 01:04:07,970
and that it's a problem of the
kind of focus on bad apples.
1407
01:04:07,970 --> 01:04:10,595
And obviously, you have to work
with police officers every day.
1408
01:04:10,595 --> 01:04:15,140
So I hear you speaking
in both senses here--
1409
01:04:15,140 --> 01:04:17,420
a focus on the police
as ally, and as partner
1410
01:04:17,420 --> 01:04:20,090
and as the essential other
arm of the law enforcement
1411
01:04:20,090 --> 01:04:21,350
team that you lead.
1412
01:04:21,350 --> 01:04:24,110
And yet, at the same time
also, as groups-- groups
1413
01:04:24,110 --> 01:04:27,560
that have criticized you,
and taken steps against you
1414
01:04:27,560 --> 01:04:30,260
as an elected official, that
are in some ways unprecedented.
1415
01:04:30,260 --> 01:04:32,090
So I'm just curious
how you think of that?
1416
01:04:32,090 --> 01:04:34,328
Question of the power
of organized policing,
1417
01:04:34,328 --> 01:04:35,870
or in police
institutions, as someone
1418
01:04:35,870 --> 01:04:38,300
who's interacting with
that institution in really
1419
01:04:38,300 --> 01:04:41,680
two different ways, with
potential tension between them.
1420
01:04:41,680 --> 01:04:43,070
RACHAEL ROLLINS:
Yeah, and again,
1421
01:04:43,070 --> 01:04:46,070
if anyone who's
ever handled fruit,
1422
01:04:46,070 --> 01:04:49,540
or knows what a bad apple looks
or feels like, it's disgusting.
1423
01:04:49,540 --> 01:04:53,035
It's infecting all the
other fruit in that bowl.
1424
01:04:53,035 --> 01:04:55,140
There are fruit
flies everywhere.
1425
01:04:55,140 --> 01:04:58,020
So this is not just
one or two bad apples.
1426
01:04:58,020 --> 01:05:01,760
I like to say, if there are 10
bad police officers and 1,000
1427
01:05:01,760 --> 01:05:05,600
good police officers who say
nothing about the 10 bad,
1428
01:05:05,600 --> 01:05:08,550
we have 1,010 bad
police officers.
1429
01:05:08,550 --> 01:05:11,300
That's why there are now
bystander requirements
1430
01:05:11,300 --> 01:05:14,060
that we've seen as a result
of things, where you can't
1431
01:05:14,060 --> 01:05:15,950
willfully look the other way.
1432
01:05:15,950 --> 01:05:19,970
Where we have seen abject
failures regarding IAD,
1433
01:05:19,970 --> 01:05:23,540
which is Internal Affairs
Division, and ACD.
1434
01:05:23,540 --> 01:05:25,520
These are the words we
use in Massachusetts,
1435
01:05:25,520 --> 01:05:27,353
I don't know what you
guys use in the states
1436
01:05:27,353 --> 01:05:30,620
that you're in, which is
Anti-corruption Division.
1437
01:05:30,620 --> 01:05:33,200
That's the criminal as
opposed to the procedural
1438
01:05:33,200 --> 01:05:35,610
or administrative violations.
1439
01:05:35,610 --> 01:05:38,720
It's become very clear to me
that the DA's office that I
1440
01:05:38,720 --> 01:05:42,170
inherited, just about
a year and a half ago,
1441
01:05:42,170 --> 01:05:43,760
had no oversight on that.
1442
01:05:43,760 --> 01:05:46,280
At the end of a process,
they might spit something out
1443
01:05:46,280 --> 01:05:49,130
and say, here you go, DA,
we think this is a crime.
1444
01:05:49,130 --> 01:05:52,640
Well, that doesn't help me if
you hand me two small things--
1445
01:05:52,640 --> 01:05:55,340
is that two of 12
things you looked at?
1446
01:05:55,340 --> 01:05:58,310
Is that two of 1,000
things you looked at?
1447
01:05:58,310 --> 01:06:02,990
If you're talking about $300
worth of overtime fraud,
1448
01:06:02,990 --> 01:06:04,640
but when I go into
the community I'm
1449
01:06:04,640 --> 01:06:07,010
hearing about
brutalization of people
1450
01:06:07,010 --> 01:06:09,440
by certain units in
our police department,
1451
01:06:09,440 --> 01:06:14,420
that's excessive use of force,
as opposed to a written rules
1452
01:06:14,420 --> 01:06:16,010
violation.
1453
01:06:16,010 --> 01:06:21,530
I think we have to be far better
as DAs looking at the police.
1454
01:06:21,530 --> 01:06:25,190
And why I think they were
most upset with me is they,
1455
01:06:25,190 --> 01:06:26,990
of course, had put
all of their money
1456
01:06:26,990 --> 01:06:30,590
and power and privilege behind
a candidate in the race,
1457
01:06:30,590 --> 01:06:33,200
who I can happily
say, came in second.
1458
01:06:33,200 --> 01:06:37,640
And so I owed nobody anything
as the elected candidate.
1459
01:06:37,640 --> 01:06:40,280
And I had made clear to
them, we aren't friends.
1460
01:06:40,280 --> 01:06:42,350
I don't report to you and
you don't report to me.
1461
01:06:42,350 --> 01:06:43,940
But the difference
between our role
1462
01:06:43,940 --> 01:06:47,120
is, when you break the
law, just like anyone else,
1463
01:06:47,120 --> 01:06:48,740
I'm holding you accountable.
1464
01:06:48,740 --> 01:06:50,250
Period, end of story.
1465
01:06:50,250 --> 01:06:53,300
And in fact, because we
have to work together,
1466
01:06:53,300 --> 01:06:56,150
if I don't hold you
accountable, the system,
1467
01:06:56,150 --> 01:06:59,555
which I believe and
know, is operating just
1468
01:06:59,555 --> 01:07:00,680
the way it was supposed to.
1469
01:07:00,680 --> 01:07:02,900
It's not broken,
it is working just
1470
01:07:02,900 --> 01:07:05,010
the way it was set up to work.
1471
01:07:05,010 --> 01:07:08,300
But people lose faith
if they say, wait
1472
01:07:08,300 --> 01:07:11,300
a minute, Massachusetts, you
have now no less than six
1473
01:07:11,300 --> 01:07:13,670
or seven state police scandals.
1474
01:07:13,670 --> 01:07:17,330
These troopers who have
stolen tens and tens if not
1475
01:07:17,330 --> 01:07:20,120
hundreds of thousands of
dollars in overtime fraud,
1476
01:07:20,120 --> 01:07:23,690
get to retire with dignity,
accept their pension,
1477
01:07:23,690 --> 01:07:28,040
and maybe get some slap
on the wrist in Florida
1478
01:07:28,040 --> 01:07:29,630
where they live now.
1479
01:07:29,630 --> 01:07:35,270
But if I shoplift $200 worth
of stuff, because I'm starving
1480
01:07:35,270 --> 01:07:39,370
and need food from a
supermarket or Target,
1481
01:07:39,370 --> 01:07:42,980
they're going to want me to
charge them with some crime
1482
01:07:42,980 --> 01:07:44,300
and put them in jail.
1483
01:07:44,300 --> 01:07:45,650
It's hypocrisy, right?
1484
01:07:45,650 --> 01:07:47,690
It's complete hypocrisy.
1485
01:07:47,690 --> 01:07:49,820
And the thing I will
just double down on
1486
01:07:49,820 --> 01:07:53,060
is the unions have the
power to label elected
1487
01:07:53,060 --> 01:07:55,340
officials as soft on crime.
1488
01:07:55,340 --> 01:07:57,200
They're unlike any
other unions we
1489
01:07:57,200 --> 01:07:59,360
have-- this isn't
the teachers union,
1490
01:07:59,360 --> 01:08:02,820
this isn't the nurses union.
1491
01:08:02,820 --> 01:08:05,780
The police have the
lethal and legal authority
1492
01:08:05,780 --> 01:08:08,750
to kill you, kill you,
with no oversight.
1493
01:08:08,750 --> 01:08:11,000
They don't have to stop
and make a phone call.
1494
01:08:11,000 --> 01:08:14,210
And what I like to tell them--
and it's my job afterwards
1495
01:08:14,210 --> 01:08:17,200
to see if that was reasonable
and justified or not.
1496
01:08:17,200 --> 01:08:21,520
So I'm proud that, before
these reforms were demanded,
1497
01:08:21,520 --> 01:08:23,290
and I know communities
demanded it
1498
01:08:23,290 --> 01:08:25,819
way before George
Floyd, Ahmaud Arbery
1499
01:08:25,819 --> 01:08:28,660
and Brianna Taylor and
others, but nobody was really
1500
01:08:28,660 --> 01:08:30,560
listening--
1501
01:08:30,560 --> 01:08:34,279
I created what is the first in
the nation, discharge integrity
1502
01:08:34,279 --> 01:08:34,779
team.
1503
01:08:34,779 --> 01:08:38,500
Where my office doesn't
even investigate
1504
01:08:38,500 --> 01:08:41,290
officer-involved
shootings, I do.
1505
01:08:41,290 --> 01:08:45,250
Outside of my office, I
have a community member,
1506
01:08:45,250 --> 01:08:50,410
a retired judge, a
criminal defense lawyer,
1507
01:08:50,410 --> 01:08:52,210
and an active member
of law enforcement,
1508
01:08:52,210 --> 01:08:53,890
and I'm the fifth member.
1509
01:08:53,890 --> 01:08:57,130
I only have one, two, or
three people in my office
1510
01:08:57,130 --> 01:08:58,720
that present to us.
1511
01:08:58,720 --> 01:09:01,970
We don't meet in our
office, we meet monthly,
1512
01:09:01,970 --> 01:09:04,359
and we meet with the community,
and we discuss with them
1513
01:09:04,359 --> 01:09:08,859
what we are doing so that they
have at least a sliver of faith
1514
01:09:08,859 --> 01:09:10,000
in the system.
1515
01:09:10,000 --> 01:09:12,370
As opposed to these
officer-involved shootings
1516
01:09:12,370 --> 01:09:14,439
happen, they go to
the DA's office,
1517
01:09:14,439 --> 01:09:16,450
they don't hear
anything for years.
1518
01:09:16,450 --> 01:09:18,550
And then quietly, they
say, yeah, reasonable,
1519
01:09:18,550 --> 01:09:20,140
justified, not a big deal.
1520
01:09:20,140 --> 01:09:23,590
And I will end with Black
communities overwhelmingly,
1521
01:09:23,590 --> 01:09:28,689
and brown in some circumstances,
we fail in both realms.
1522
01:09:28,689 --> 01:09:31,359
We never get the
criminal prosecution
1523
01:09:31,359 --> 01:09:33,790
that we are entitled to
when we are murdered,
1524
01:09:33,790 --> 01:09:35,710
and we're of course
blamed for our murder--
1525
01:09:35,710 --> 01:09:38,660
we're the only group of people--
most culturally appropriate
1526
01:09:38,660 --> 01:09:40,630
a group of people
on the planet earth,
1527
01:09:40,630 --> 01:09:42,640
who are then blamed
for our murder.
1528
01:09:42,640 --> 01:09:46,399
But above and beyond that, we
now, with qualified immunity,
1529
01:09:46,399 --> 01:09:48,460
we don't even get
the ability to get
1530
01:09:48,460 --> 01:09:50,770
a dime as a result
of this behavior
1531
01:09:50,770 --> 01:09:53,649
in certain
circumstances, where that
1532
01:09:53,649 --> 01:09:56,650
is the other place that not
only does that person go to jail
1533
01:09:56,650 --> 01:09:59,620
for murder, but
then, the city has
1534
01:09:59,620 --> 01:10:02,980
to pay the millions of
dollars out to that family.
1535
01:10:02,980 --> 01:10:04,720
Which, of course,
doesn't fill the hole
1536
01:10:04,720 --> 01:10:07,900
in the void of the loss,
but at least can get them
1537
01:10:07,900 --> 01:10:12,090
some sort of accountability.
1538
01:10:12,090 --> 01:10:13,830
ALEXANDRA NATAPOFF: Thank you.
1539
01:10:13,830 --> 01:10:17,250
Professor Harmon, I want
to join up a thread.
1540
01:10:17,250 --> 01:10:19,650
DA Rollins mentioned
this challenge
1541
01:10:19,650 --> 01:10:23,160
of maintaining the legitimacy
of the criminal process
1542
01:10:23,160 --> 01:10:23,820
that we have.
1543
01:10:23,820 --> 01:10:28,740
And you mentioned in your
remarks what, I think--
1544
01:10:28,740 --> 01:10:32,640
the insight that the people do
not wait for the legal system
1545
01:10:32,640 --> 01:10:34,905
anymore.
1546
01:10:34,905 --> 01:10:39,230
They enter the streets as
soon as the injustice occurs.
1547
01:10:39,230 --> 01:10:44,010
And I took you to be implying--
or maybe not implying--
1548
01:10:44,010 --> 01:10:46,500
that it's a reflection
of a loss of faith,
1549
01:10:46,500 --> 01:10:48,730
that we don't need
to wait anymore.
1550
01:10:48,730 --> 01:10:50,700
We have no faith
that the outcome
1551
01:10:50,700 --> 01:10:53,490
will vindicate those interests.
1552
01:10:53,490 --> 01:10:55,710
And I think that's
such a powerful point.
1553
01:10:55,710 --> 01:10:57,810
And it's particularly
powerful coming from you,
1554
01:10:57,810 --> 01:11:02,410
because you have spent your
career grappling with the law.
1555
01:11:02,410 --> 01:11:04,770
We-- Professor
Harmon and I both--
1556
01:11:04,770 --> 01:11:09,060
serve as an advisor
to the project
1557
01:11:09,060 --> 01:11:12,240
that she is an associate
reporter for the American Law
1558
01:11:12,240 --> 01:11:14,910
Institute, attempting
to articulate
1559
01:11:14,910 --> 01:11:20,100
what principles of policing
should look like under the law.
1560
01:11:20,100 --> 01:11:24,390
And I just wanted to invite
you to join this theme that we
1561
01:11:24,390 --> 01:11:29,550
are hearing emerging from
this panel on the role of law,
1562
01:11:29,550 --> 01:11:35,870
its limitations, what
can we do to render--
1563
01:11:35,870 --> 01:11:38,860
what is our ability to
render it legitimate?
1564
01:11:38,860 --> 01:11:40,770
We are, after all,
at a law school,
1565
01:11:40,770 --> 01:11:45,780
speaking to dozens
of people who are
1566
01:11:45,780 --> 01:11:47,790
entering the legal profession.
1567
01:11:47,790 --> 01:11:50,910
What can we say to them
about the possibilities
1568
01:11:50,910 --> 01:11:53,750
and the limits of the
law in this space?
1569
01:11:53,750 --> 01:11:55,500
RACHEL HARMON: Well,
I'm happy to continue
1570
01:11:55,500 --> 01:11:57,630
to listen to these
three brilliant
1571
01:11:57,630 --> 01:12:00,510
and powerful
African-American women,
1572
01:12:00,510 --> 01:12:02,180
so I don't need to say anything.
1573
01:12:02,180 --> 01:12:04,180
But if I'm going to say
something about the law,
1574
01:12:04,180 --> 01:12:07,237
I would say that one of the
reasons I left the Justice
1575
01:12:07,237 --> 01:12:08,820
Department is because
I thought, well,
1576
01:12:08,820 --> 01:12:11,430
prosecuting police
officers can't possibly be
1577
01:12:11,430 --> 01:12:13,280
the way to solve the problem.
1578
01:12:13,280 --> 01:12:16,680
But you know, when you look at
people marching in the street,
1579
01:12:16,680 --> 01:12:19,110
demanding those
prosecutions, I started
1580
01:12:19,110 --> 01:12:21,473
to have to pay more
attention to the idea
1581
01:12:21,473 --> 01:12:23,640
that even though they didn't
solve the problems, one
1582
01:12:23,640 --> 01:12:25,890
of the things the victims
told me is that it was
1583
01:12:25,890 --> 01:12:28,560
the first time in their
lives when I said, look,
1584
01:12:28,560 --> 01:12:31,320
I'm from the Justice Department,
what happened to you was wrong
1585
01:12:31,320 --> 01:12:33,690
and I'm going to do
something about it,
1586
01:12:33,690 --> 01:12:37,270
they felt like that was a sign
of respect from the government.
1587
01:12:37,270 --> 01:12:42,820
And so prosecution, civil
damages, this is not enough.
1588
01:12:42,820 --> 01:12:44,100
This isn't close to enough.
1589
01:12:44,100 --> 01:12:45,900
But it doesn't mean
it's not important.
1590
01:12:45,900 --> 01:12:49,420
It is a sign of the government's
respect for individuals.
1591
01:12:49,420 --> 01:12:53,880
And so we need to continue
to refine and improve
1592
01:12:53,880 --> 01:12:56,820
the laws we have
governing police conduct,
1593
01:12:56,820 --> 01:12:59,430
and the methods we have for
holding police accountable.
1594
01:12:59,430 --> 01:13:02,580
But at the same time, we have to
use law for the bigger mission.
1595
01:13:02,580 --> 01:13:06,540
And you could see this
in DA Rollins's reforms,
1596
01:13:06,540 --> 01:13:09,420
that you both have to
focus on the system
1597
01:13:09,420 --> 01:13:11,880
as a whole, on what
it's achieving,
1598
01:13:11,880 --> 01:13:17,100
whatever its intent is, whatever
its individual incidents might
1599
01:13:17,100 --> 01:13:21,810
seem to justify, what
it is doing to people,
1600
01:13:21,810 --> 01:13:23,520
who it's actually affecting.
1601
01:13:23,520 --> 01:13:25,680
And to do that, you have
to hear from those voices.
1602
01:13:25,680 --> 01:13:29,010
Which is why congress
member Bush's election
1603
01:13:29,010 --> 01:13:29,770
is so important.
1604
01:13:29,770 --> 01:13:33,810
It's bringing into
the lawmaking process
1605
01:13:33,810 --> 01:13:37,080
the voice of people who know
the effects the system is
1606
01:13:37,080 --> 01:13:38,850
having on people on the street.
1607
01:13:38,850 --> 01:13:41,860
And so, I think the law
plays multiple roles.
1608
01:13:41,860 --> 01:13:44,550
I don't think accountability
is unimportant.
1609
01:13:44,550 --> 01:13:48,600
I don't think the rules
governing what police should do
1610
01:13:48,600 --> 01:13:49,740
are unimportant.
1611
01:13:49,740 --> 01:13:52,950
I don't think the structure
of political systems,
1612
01:13:52,950 --> 01:13:55,830
which allow the voices to
get heard, are unimportant.
1613
01:13:55,830 --> 01:13:57,790
But I think we have
to, on top of that,
1614
01:13:57,790 --> 01:14:03,750
think about the tools that
we have to improve outcomes
1615
01:14:03,750 --> 01:14:05,878
more broadly.
1616
01:14:05,878 --> 01:14:07,420
ANDREW CRESPO:
Professor Harmon, when
1617
01:14:07,420 --> 01:14:09,700
you speak of the
importance of a voice
1618
01:14:09,700 --> 01:14:13,840
here, I see a theme in probably
five or six of the questions
1619
01:14:13,840 --> 01:14:16,570
that have come in, that
actually focus a lot
1620
01:14:16,570 --> 01:14:19,480
on the language of this moment.
1621
01:14:19,480 --> 01:14:23,920
So much of this moment is
marked by phrases that we hear--
1622
01:14:23,920 --> 01:14:25,630
defund the police.
1623
01:14:25,630 --> 01:14:27,340
On the other hand,
back to the blue.
1624
01:14:27,340 --> 01:14:29,910
There's this language
that comes of all of this.
1625
01:14:29,910 --> 01:14:33,910
And a bunch of people
are asking about how
1626
01:14:33,910 --> 01:14:36,520
people who are in
the activism space,
1627
01:14:36,520 --> 01:14:41,170
or the space that is generating
these moment-defining phrases,
1628
01:14:41,170 --> 01:14:43,510
how do you navigate the
tension between trying
1629
01:14:43,510 --> 01:14:47,440
to appeal to people who
don't agree with you,
1630
01:14:47,440 --> 01:14:50,650
and maybe win over people
who don't agree with you,
1631
01:14:50,650 --> 01:14:53,140
on the one hand,
without giving up
1632
01:14:53,140 --> 01:14:56,470
the centrality and
the urgency that we're
1633
01:14:56,470 --> 01:14:57,663
seeing on this panel?
1634
01:14:57,663 --> 01:14:59,830
So a lot of folks have been
asking in the Q&A about,
1635
01:14:59,830 --> 01:15:01,995
for example, the phrase,
defund the police.
1636
01:15:01,995 --> 01:15:03,370
On the one hand
they think, gosh,
1637
01:15:03,370 --> 01:15:07,600
this feels like
maybe a hazy phrase.
1638
01:15:07,600 --> 01:15:09,793
On the one hand, some
folks are saying, gosh,
1639
01:15:09,793 --> 01:15:11,710
it feels almost inherently
conservative-- it's
1640
01:15:11,710 --> 01:15:13,810
about just taking a
little bit of money
1641
01:15:13,810 --> 01:15:15,970
away, or taking some money
away, and repurposing it
1642
01:15:15,970 --> 01:15:18,362
to other state agencies.
1643
01:15:18,362 --> 01:15:20,320
On the other hand, we
see in our national media
1644
01:15:20,320 --> 01:15:22,300
that defund the
police is described
1645
01:15:22,300 --> 01:15:25,710
more frequently than not as
a kind of fully radical idea.
1646
01:15:25,710 --> 01:15:27,880
I'm just curious,
as those of you
1647
01:15:27,880 --> 01:15:29,770
who try to navigate
the politics of this,
1648
01:15:29,770 --> 01:15:32,430
how do you think through
this question of--
1649
01:15:32,430 --> 01:15:36,310
are you trying to persuade
people who disagree with you?
1650
01:15:36,310 --> 01:15:41,475
And what do you do if some of
the ways that we go about this
1651
01:15:41,475 --> 01:15:42,100
put people off.
1652
01:15:42,100 --> 01:15:43,920
We have a comment from
a student who says,
1653
01:15:43,920 --> 01:15:45,670
you know, honestly, I
have a lot of police
1654
01:15:45,670 --> 01:15:46,970
officers in my family.
1655
01:15:46,970 --> 01:15:49,262
And when I hear things spoken
about some of these ways,
1656
01:15:49,262 --> 01:15:51,340
my instinctive reaction,
this person says,
1657
01:15:51,340 --> 01:15:55,800
is to feel defensive and
on guard and not trusting.
1658
01:15:55,800 --> 01:15:57,780
And maybe it's an
inherent tension,
1659
01:15:57,780 --> 01:15:59,530
but I'd love to just
hear those of you who
1660
01:15:59,530 --> 01:16:01,390
give so much thought
to the dynamics
1661
01:16:01,390 --> 01:16:02,890
of this talk about that.
1662
01:16:02,890 --> 01:16:08,290
I see you singling me,
Congresswoman Bush, please.
1663
01:16:08,290 --> 01:16:11,340
CORI BUSH: Yeah, so that
feeling that that student just
1664
01:16:11,340 --> 01:16:15,780
spoke about, that's how we
feel every day just in life.
1665
01:16:15,780 --> 01:16:18,150
So hearing about what happened--
1666
01:16:18,150 --> 01:16:21,720
hearing about that thing
that's making you uncomfortable
1667
01:16:21,720 --> 01:16:24,270
when people say these
things about police,
1668
01:16:24,270 --> 01:16:26,670
that's how we feel
every single day.
1669
01:16:26,670 --> 01:16:29,340
And we can't even just say,
walking out of our home.
1670
01:16:29,340 --> 01:16:31,890
Brianna was murdered in her bed.
1671
01:16:31,890 --> 01:16:35,020
So we can't just say that--
1672
01:16:35,020 --> 01:16:37,650
Atatiana Jefferson wasn't
murdered outside of her home,
1673
01:16:37,650 --> 01:16:39,360
she was in her home, you know.
1674
01:16:39,360 --> 01:16:41,250
So that's how we feel.
1675
01:16:41,250 --> 01:16:44,830
So I understand that that
thing makes you uncomfortable,
1676
01:16:44,830 --> 01:16:46,580
but it makes you
uncomfortable the thought
1677
01:16:46,580 --> 01:16:49,080
of something, the hearing some
words makes you uncomfortable.
1678
01:16:49,080 --> 01:16:51,163
But we're talking about
our lives are on the line,
1679
01:16:51,163 --> 01:16:53,220
so I'm asking you to
push in a little further,
1680
01:16:53,220 --> 01:16:56,130
and think about what it's
like for people who only--
1681
01:16:56,130 --> 01:16:58,680
This is the thing, there
is a physical reaction
1682
01:16:58,680 --> 01:17:00,870
that people have when
they see my skin,
1683
01:17:00,870 --> 01:17:03,240
a physical reaction,
a negative reaction
1684
01:17:03,240 --> 01:17:04,660
happens in their bodies.
1685
01:17:04,660 --> 01:17:09,390
And so then that comes out some
way, either in their actions,
1686
01:17:09,390 --> 01:17:13,060
verbally, or comes out
some other way later.
1687
01:17:13,060 --> 01:17:14,800
We're talking about
stopping that.
1688
01:17:14,800 --> 01:17:17,080
So when we say defund,
I'm sorry if the language
1689
01:17:17,080 --> 01:17:18,580
makes you uncomfortable.
1690
01:17:18,580 --> 01:17:20,080
And I'm not trying
to be ignorant,
1691
01:17:20,080 --> 01:17:22,520
or anything like that.
1692
01:17:22,520 --> 01:17:24,670
But when we say defund,
it made you think.
1693
01:17:24,670 --> 01:17:28,570
Because let me say this,
when education was defunded,
1694
01:17:28,570 --> 01:17:29,800
did anybody say anything?
1695
01:17:29,800 --> 01:17:31,900
Education has been
defunded for a long time.
1696
01:17:31,900 --> 01:17:35,590
We've been moving money
from the education system,
1697
01:17:35,590 --> 01:17:37,780
putting it into private
prisons for a long time,
1698
01:17:37,780 --> 01:17:40,030
and nobody is saying
anything about that.
1699
01:17:40,030 --> 01:17:42,730
But when we say defund the
police, because the police have
1700
01:17:42,730 --> 01:17:46,480
to be this treasure,
look, we want money
1701
01:17:46,480 --> 01:17:49,480
to go to places that
are underfunded.
1702
01:17:49,480 --> 01:17:51,910
So do I want money
to go from MRAPs?
1703
01:17:51,910 --> 01:17:54,640
If a MRAP is
$300,000, my community
1704
01:17:54,640 --> 01:17:57,977
could probably use that money
for our unhoused population.
1705
01:17:57,977 --> 01:17:59,560
We could have used
that money to bring
1706
01:17:59,560 --> 01:18:02,170
COVID-1o supplies quicker
into our communities,
1707
01:18:02,170 --> 01:18:03,440
but that didn't happen.
1708
01:18:03,440 --> 01:18:08,140
We could use that money
to pay our mental health
1709
01:18:08,140 --> 01:18:11,015
professionals, instead of
having our police be mental
1710
01:18:11,015 --> 01:18:12,640
health professionals,
instead of having
1711
01:18:12,640 --> 01:18:14,140
our police be social workers.
1712
01:18:14,140 --> 01:18:17,172
Let's have them do what they're
supposed to do, and then
1713
01:18:17,172 --> 01:18:19,630
have the people who have gone
to school to do these things,
1714
01:18:19,630 --> 01:18:21,740
let them be paid to do that job.
1715
01:18:21,740 --> 01:18:23,770
Because let's face this--
1716
01:18:23,770 --> 01:18:26,430
social workers aren't even paid
the wage that they deserve.
1717
01:18:26,430 --> 01:18:28,160
But we won't even
go into all of that.
1718
01:18:28,160 --> 01:18:37,060
You know, I think about as a
nurse, the amazing DA Rollins,
1719
01:18:37,060 --> 01:18:40,580
was talking about the bad
officers and the good officers.
1720
01:18:40,580 --> 01:18:42,930
You know, I think it was
Chris Rock that said,
1721
01:18:42,930 --> 01:18:46,293
can we be have a bad pilot?
1722
01:18:46,293 --> 01:18:47,460
Can you have the bad pilots?
1723
01:18:47,460 --> 01:18:48,700
Or who wants the bad pilot?
1724
01:18:48,700 --> 01:18:50,650
Who wants the bad chef,
the chef of the restaurant?
1725
01:18:50,650 --> 01:18:52,980
Yeah, come on in, some of them
are good, some of them are bad.
1726
01:18:52,980 --> 01:18:53,647
But sit on down.
1727
01:18:53,647 --> 01:18:56,950
You know, no-- we can't have
good officers and bad officers.
1728
01:18:56,950 --> 01:18:59,890
There should be officers, and
then extraordinary officers,
1729
01:18:59,890 --> 01:19:01,260
the ones that get the medals.
1730
01:19:01,260 --> 01:19:03,420
That should be all that we have.
1731
01:19:03,420 --> 01:19:06,640
Because I think about it as a
nurse working in a hospital,
1732
01:19:06,640 --> 01:19:11,410
look, when I'm at the
hospital, and I have my staff,
1733
01:19:11,410 --> 01:19:13,990
if I have a staff member that
continues to murder people
1734
01:19:13,990 --> 01:19:18,670
because this nurse can't
figure out 100 units of insulin
1735
01:19:18,670 --> 01:19:21,210
to give to this person,
versus 100 milligrams
1736
01:19:21,210 --> 01:19:23,290
of insulin to give
to this person.
1737
01:19:23,290 --> 01:19:26,110
And this nurse is
always killing folks,
1738
01:19:26,110 --> 01:19:28,470
or this person is
always hurting people.
1739
01:19:28,470 --> 01:19:29,970
And then I say,
well, you know what,
1740
01:19:29,970 --> 01:19:31,360
we got to keep that amongst us.
1741
01:19:31,360 --> 01:19:33,580
You know, we're going to
just do better next time.
1742
01:19:33,580 --> 01:19:35,427
Tell the kids I say, hello.
1743
01:19:35,427 --> 01:19:36,760
Is that what you expect from me?
1744
01:19:36,760 --> 01:19:38,177
When you show up
to that hospital,
1745
01:19:38,177 --> 01:19:40,420
you expect the quality
care that nurses bring.
1746
01:19:40,420 --> 01:19:43,660
In the end, if a nurse
does something wrong,
1747
01:19:43,660 --> 01:19:44,950
it makes the paper.
1748
01:19:44,950 --> 01:19:46,360
Like it goes into the--
1749
01:19:46,360 --> 01:19:49,270
you know, the state
sends out a paper,
1750
01:19:49,270 --> 01:19:53,030
the nurses send out
a paper every month,
1751
01:19:53,030 --> 01:19:55,840
and it has a portion in it
where it says, this nurse,
1752
01:19:55,840 --> 01:19:57,250
such as such-- by name--
1753
01:19:57,250 --> 01:19:59,560
this nurse did this, and
this is what happened when
1754
01:19:59,560 --> 01:20:00,880
the investigation happened.
1755
01:20:00,880 --> 01:20:03,580
Just because-- just because
we turned it in and said,
1756
01:20:03,580 --> 01:20:04,810
this nurse did this.
1757
01:20:04,810 --> 01:20:07,640
It goes somewhere and that
information is made public.
1758
01:20:07,640 --> 01:20:10,240
So we're holding even
nurses to a standard
1759
01:20:10,240 --> 01:20:12,580
that police officers
aren't being held to.
1760
01:20:12,580 --> 01:20:16,810
And so I have to push back on
the comfortability of people
1761
01:20:16,810 --> 01:20:20,500
and how things make you feel and
what labels make you feel like.
1762
01:20:20,500 --> 01:20:22,750
If saying defund
made you stand up
1763
01:20:22,750 --> 01:20:25,780
and say, oh, something is wrong
with this-- you paid attention.
1764
01:20:25,780 --> 01:20:28,180
And look, I'm
asking you to not be
1765
01:20:28,180 --> 01:20:33,070
upset when you have your foot--
1766
01:20:33,070 --> 01:20:34,703
you're stepping on
my foot and I say,
1767
01:20:34,703 --> 01:20:37,120
you know what, get off my foot,
and you don't do anything.
1768
01:20:37,120 --> 01:20:38,980
Hey, you know what, would
you move, get off my foot?
1769
01:20:38,980 --> 01:20:40,063
And you don't do anything.
1770
01:20:40,063 --> 01:20:42,490
But when I push you off
my foot, and now you want
1771
01:20:42,490 --> 01:20:44,440
to say, why are you pushing me?
1772
01:20:44,440 --> 01:20:45,460
Why you getting mad?
1773
01:20:45,460 --> 01:20:46,460
You can't do that.
1774
01:20:46,460 --> 01:20:47,860
No, you should have
moved the first time,
1775
01:20:47,860 --> 01:20:49,443
or you shouldn't
have even been there.
1776
01:20:49,443 --> 01:20:50,680
That's what we're saying.
1777
01:20:50,680 --> 01:20:52,638
So it's not about
your comfortability--
1778
01:20:52,638 --> 01:20:53,680
if I'm making a word up--
1779
01:20:53,680 --> 01:20:55,960
it's not about your
comfortability,
1780
01:20:55,960 --> 01:20:59,430
it's about what's
right for all people.
1781
01:20:59,430 --> 01:21:00,950
RACHAEL ROLLINS:
If I could jump in.
1782
01:21:00,950 --> 01:21:04,280
I mean, to her point, my
mom's a registered nurse--
1783
01:21:04,280 --> 01:21:05,660
the reason why it
makes the paper
1784
01:21:05,660 --> 01:21:08,150
is because she's licensed,
just like lawyers are.
1785
01:21:08,150 --> 01:21:10,550
And many police
officers aren't, right?
1786
01:21:10,550 --> 01:21:13,010
And I, as a lawyer,
we don't have
1787
01:21:13,010 --> 01:21:14,630
the death penalty
in Massachusetts,
1788
01:21:14,630 --> 01:21:18,960
but I can't kill
you with my pen--
1789
01:21:18,960 --> 01:21:20,420
writing something.
1790
01:21:20,420 --> 01:21:24,630
I can make enormous
changes in people's lives
1791
01:21:24,630 --> 01:21:27,050
with the decisions I
make, and the autonomy.
1792
01:21:27,050 --> 01:21:30,080
But police officers have the
legal and lethal authority
1793
01:21:30,080 --> 01:21:31,340
to kill.
1794
01:21:31,340 --> 01:21:33,500
And that-- they aren't licensed.
1795
01:21:33,500 --> 01:21:35,930
At least in Massachusetts
they are not.
1796
01:21:35,930 --> 01:21:37,640
And we're hopefully
moving toward that.
1797
01:21:37,640 --> 01:21:40,100
Budgets are a value statement.
1798
01:21:40,100 --> 01:21:41,910
Budgets are a value statement.
1799
01:21:41,910 --> 01:21:46,700
And when we, in Massachusetts,
or Boston, have a $14 million
1800
01:21:46,700 --> 01:21:49,160
budget for the Boston
Police Department,
1801
01:21:49,160 --> 01:21:52,850
and then somewhere else
$60 million in overtime,
1802
01:21:52,850 --> 01:21:56,240
you shouldn't have to have a
Nobel Peace Prize in economics
1803
01:21:56,240 --> 01:21:58,670
to read a budget of a city.
1804
01:21:58,670 --> 01:22:01,070
It should just be
like police budget,
1805
01:22:01,070 --> 01:22:04,430
all the stuff should be there,
and it should be explained.
1806
01:22:04,430 --> 01:22:06,740
And that's four
times as much money
1807
01:22:06,740 --> 01:22:09,320
as the Boston Public
Health Commission makes.
1808
01:22:09,320 --> 01:22:11,690
When we think about
education and prisons--
1809
01:22:11,690 --> 01:22:15,170
and I testified in front of
our legislature and said,
1810
01:22:15,170 --> 01:22:19,730
when we were asking for
$17,000 more per student
1811
01:22:19,730 --> 01:22:27,230
in rural poor schools, and
urban poor schools, to say,
1812
01:22:27,230 --> 01:22:30,110
we want to be equal with some of
these more wealthy communities,
1813
01:22:30,110 --> 01:22:32,600
where their taxes
allow the public school
1814
01:22:32,600 --> 01:22:35,930
systems to be better, I
was peppered and drilled
1815
01:22:35,930 --> 01:22:37,080
with questions.
1816
01:22:37,080 --> 01:22:39,200
And I said, whoa, whoa,
whoa, hold on a minute--
1817
01:22:39,200 --> 01:22:41,600
I was just here a
couple months ago,
1818
01:22:41,600 --> 01:22:49,400
and we pay $55,000 a year for a
prisoner at Nashua Street jail,
1819
01:22:49,400 --> 01:22:51,170
and you didn't ask
me a single question.
1820
01:22:51,170 --> 01:22:54,020
You don't care about the
end of the system, where
1821
01:22:54,020 --> 01:22:57,350
it's three times as much
money to pay for a prisoner--
1822
01:22:57,350 --> 01:23:00,050
which, by the way, two to
three prisoners-- every two
1823
01:23:00,050 --> 01:23:02,420
to three prisoners,
one correction officer.
1824
01:23:02,420 --> 01:23:03,890
That's the ratio there.
1825
01:23:03,890 --> 01:23:07,780
In our schools, it's 28
students to one teacher,
1826
01:23:07,780 --> 01:23:12,740
and we're hemming and hawing
about $15,000 to $17,000.
1827
01:23:12,740 --> 01:23:17,270
Our system is set
up for failure.
1828
01:23:17,270 --> 01:23:21,080
And I can tell you as the DA,
one of the best indicators
1829
01:23:21,080 --> 01:23:23,240
as to whether or
not you will touch
1830
01:23:23,240 --> 01:23:24,680
the criminal legal system--
1831
01:23:24,680 --> 01:23:28,730
not the only-- but is, are you
getting a quality education?
1832
01:23:28,730 --> 01:23:31,560
What is your housing situation?
1833
01:23:31,560 --> 01:23:34,410
Are you suffering from
environmental racism,
1834
01:23:34,410 --> 01:23:38,240
which is very real, and higher
levels of COPD and asthma
1835
01:23:38,240 --> 01:23:39,680
because you live
in a place where
1836
01:23:39,680 --> 01:23:44,000
there are bridges and roads
going through everywhere,
1837
01:23:44,000 --> 01:23:49,940
and toxins and emissions
are significantly
1838
01:23:49,940 --> 01:23:51,530
higher in your community.
1839
01:23:51,530 --> 01:23:56,870
I will just also point out
that when our government--
1840
01:23:56,870 --> 01:23:59,330
when attorney
general, Jeff Session
1841
01:23:59,330 --> 01:24:01,820
cut all the consent decrees,
and there was no longer
1842
01:24:01,820 --> 01:24:05,300
any oversight on all of these
rogue police departments,
1843
01:24:05,300 --> 01:24:09,920
nobody questioned the
defunding of that, right?
1844
01:24:09,920 --> 01:24:12,620
The regulation, they're
like, oh, this is wonderful.
1845
01:24:12,620 --> 01:24:14,960
He's fiscally
responsible, right?
1846
01:24:14,960 --> 01:24:19,580
But it resulted in more
harm to our communities.
1847
01:24:19,580 --> 01:24:22,040
And then, as far
as protesters, it's
1848
01:24:22,040 --> 01:24:24,752
part of why, when I hear
the professor talk about--
1849
01:24:24,752 --> 01:24:26,210
and I love this--
people don't wait
1850
01:24:26,210 --> 01:24:28,230
for the criminal
legal system anymore.
1851
01:24:28,230 --> 01:24:29,660
They take to the streets.
1852
01:24:29,660 --> 01:24:31,850
You're right-- that same
criminal legal system
1853
01:24:31,850 --> 01:24:35,570
that allowed Derek Chauvin
to have 17 infractions,
1854
01:24:35,570 --> 01:24:38,510
and didn't do anything, that is
now going to investigate Derek
1855
01:24:38,510 --> 01:24:41,060
Chauvin for the homicide
of George Floyd,
1856
01:24:41,060 --> 01:24:44,510
and the DA's office that
didn't look into Derek
1857
01:24:44,510 --> 01:24:47,210
and prosecute him if any
of those were crimes,
1858
01:24:47,210 --> 01:24:48,170
absolutely right.
1859
01:24:48,170 --> 01:24:50,180
They should be
outraged and out there.
1860
01:24:50,180 --> 01:24:53,060
And it's why I've said, I
believe in the First Amendment.
1861
01:24:53,060 --> 01:24:55,400
And unless there is violence--
1862
01:24:55,400 --> 01:24:58,880
and I don't mean disrespect,
or loud language,
1863
01:24:58,880 --> 01:25:01,160
or stepping off
of a curb, I mean
1864
01:25:01,160 --> 01:25:05,420
violence and significant harm--
1865
01:25:05,420 --> 01:25:06,920
we are not going
to be prosecuting
1866
01:25:06,920 --> 01:25:10,880
protesters in Boston.
1867
01:25:10,880 --> 01:25:12,710
ALEXANDRA NATAPOFF:
So, I wish we could
1868
01:25:12,710 --> 01:25:16,310
go on for many more hours.
1869
01:25:16,310 --> 01:25:17,510
We are out of time.
1870
01:25:17,510 --> 01:25:20,930
I'm going to exercise
moderator privilege, because we
1871
01:25:20,930 --> 01:25:23,060
started five minutes late.
1872
01:25:23,060 --> 01:25:27,920
So I'm going to ask everyone
to stay a couple minutes more.
1873
01:25:27,920 --> 01:25:31,100
I would love to give our
extraordinary panelists one
1874
01:25:31,100 --> 01:25:36,860
last minute to say a few
parting words to our students,
1875
01:25:36,860 --> 01:25:38,300
to this group.
1876
01:25:38,300 --> 01:25:40,910
DA Rollins, if we
could start with you.
1877
01:25:40,910 --> 01:25:43,220
And then I'll ask
Professor Harmon, and then
1878
01:25:43,220 --> 01:25:45,530
Professor Ocen, and then
we'll give Congresswoman Bush
1879
01:25:45,530 --> 01:25:47,060
the last word.
1880
01:25:47,060 --> 01:25:51,080
Anything you would to leave
our students and our community
1881
01:25:51,080 --> 01:25:51,733
with?
1882
01:25:51,733 --> 01:25:53,150
RACHAEL ROLLINS:
Yeah, just that I
1883
01:25:53,150 --> 01:25:55,760
think that there's
this false dichotomy
1884
01:25:55,760 --> 01:25:57,530
where it's police
reform, but what
1885
01:25:57,530 --> 01:25:58,910
about Black on Black crime?
1886
01:25:58,910 --> 01:26:03,710
Or if you harm a police
officer, people say,
1887
01:26:03,710 --> 01:26:06,980
but what about police brutality?
1888
01:26:06,980 --> 01:26:11,030
I think we can believe
Black lives matter,
1889
01:26:11,030 --> 01:26:17,300
and also want to make sure that
police officers aren't harmed.
1890
01:26:17,300 --> 01:26:19,430
We look at what happened
in LA with these two
1891
01:26:19,430 --> 01:26:20,840
deputy sheriffs--
1892
01:26:20,840 --> 01:26:22,490
I'm praying for their recovery.
1893
01:26:22,490 --> 01:26:25,250
And I will say that out
loud, of course I will.
1894
01:26:25,250 --> 01:26:28,610
We oppose violence, period.
1895
01:26:28,610 --> 01:26:30,410
We're not saying we
want white people
1896
01:26:30,410 --> 01:26:32,880
to experience the same
thing that we do every day.
1897
01:26:32,880 --> 01:26:34,130
We don't want violence at all.
1898
01:26:34,130 --> 01:26:36,260
We just want it
acknowledged that it's
1899
01:26:36,260 --> 01:26:40,070
happening at an incredibly
disparate rate for us.
1900
01:26:40,070 --> 01:26:42,920
So I will say, I think there's
a false dichotomy that's
1901
01:26:42,920 --> 01:26:43,880
out there.
1902
01:26:43,880 --> 01:26:46,370
I do think it's important
that we continue maybe
1903
01:26:46,370 --> 01:26:49,400
not trying to persuade, but
speaking to people that we
1904
01:26:49,400 --> 01:26:50,450
disagree with.
1905
01:26:50,450 --> 01:26:55,730
We have to start having very
uncomfortable conversations
1906
01:26:55,730 --> 01:26:57,200
period, end of story.
1907
01:26:57,200 --> 01:27:02,660
And to the congresswoman's
point, uncomfort
1908
01:27:02,660 --> 01:27:05,960
and maiming or murder,
your uncomfort,
1909
01:27:05,960 --> 01:27:07,160
you can deal with that.
1910
01:27:07,160 --> 01:27:07,940
I promise you.
1911
01:27:07,940 --> 01:27:10,340
Being a little bit
uncomfortable because you
1912
01:27:10,340 --> 01:27:12,170
hurt some words that
hurt your feelings--
1913
01:27:12,170 --> 01:27:15,860
and I'm not belittling that--
but as opposed to the George
1914
01:27:15,860 --> 01:27:20,060
Floyd family, your uncomfort
is, I'm sorry for that,
1915
01:27:20,060 --> 01:27:23,060
let's keep it moving and
speed up a little bit,
1916
01:27:23,060 --> 01:27:25,610
Because our uncomfort
is that's just
1917
01:27:25,610 --> 01:27:28,490
the level I wake
up with every day,
1918
01:27:28,490 --> 01:27:31,820
and the assumptions that are
made about me as a visibly
1919
01:27:31,820 --> 01:27:33,620
brown and Black woman.
1920
01:27:33,620 --> 01:27:36,950
So I will say, be
involved, even if you
1921
01:27:36,950 --> 01:27:38,480
disagree with what I'm saying.
1922
01:27:38,480 --> 01:27:42,050
And if this is at Harvard Law
School where people are local,
1923
01:27:42,050 --> 01:27:45,230
let's engage in a conversation.
1924
01:27:45,230 --> 01:27:46,860
Or debate, you
know, that's fine.
1925
01:27:46,860 --> 01:27:49,790
But let's start a
conversation if we disagree,
1926
01:27:49,790 --> 01:27:53,030
because where we are is
harming too many people,
1927
01:27:53,030 --> 01:27:55,560
and we need to start moving
forward in the process.
1928
01:27:55,560 --> 01:27:58,460
And then, I'm just honored
to be with these amazing two
1929
01:27:58,460 --> 01:28:00,740
professors and this woman.
1930
01:28:00,740 --> 01:28:04,810
So Wesley Bell and Kim Gardner
are my two good friends,
1931
01:28:04,810 --> 01:28:07,700
so you know I'm texting them
about it now in Missouri.
1932
01:28:07,700 --> 01:28:09,787
All right, but thank
you for having me.
1933
01:28:09,787 --> 01:28:11,870
ALEXANDRA NATAPOFF: I'll
just take the opportunity
1934
01:28:11,870 --> 01:28:15,530
to mention that Wesley Bell
will be at our next session
1935
01:28:15,530 --> 01:28:17,630
on October 16, so
I hope everybody
1936
01:28:17,630 --> 01:28:21,020
will remember to
join us again for
1937
01:28:21,020 --> 01:28:23,540
future extraordinary sessions.
1938
01:28:23,540 --> 01:28:25,070
Professor Harmon?
1939
01:28:25,070 --> 01:28:28,550
RACHEL HARMON: I
guess, you know, police
1940
01:28:28,550 --> 01:28:32,090
can and do play a
really important role
1941
01:28:32,090 --> 01:28:35,990
in making people and
making communities safer
1942
01:28:35,990 --> 01:28:37,640
and making them more livable.
1943
01:28:37,640 --> 01:28:40,430
But they don't play that
role in every community.
1944
01:28:40,430 --> 01:28:42,920
And until they do,
we're going to have
1945
01:28:42,920 --> 01:28:45,170
to talk about the
harms that police do,
1946
01:28:45,170 --> 01:28:48,120
as well as the benefits
that they can bring.
1947
01:28:48,120 --> 01:28:51,780
And so yes, there are hard
conversations to be had.
1948
01:28:51,780 --> 01:28:55,820
But that really
shouldn't be taken
1949
01:28:55,820 --> 01:28:57,980
as a lack of faith
in what policing can
1950
01:28:57,980 --> 01:29:00,310
achieve in the United States.
1951
01:29:00,310 --> 01:29:01,878
ALEXANDRA NATAPOFF:
Professor Ocen?
1952
01:29:01,878 --> 01:29:03,420
PRISCILLA OCEN: I
would say that this
1953
01:29:03,420 --> 01:29:06,030
is a movement not a moment.
1954
01:29:06,030 --> 01:29:10,320
So for many, the uprisings
in cities across the country
1955
01:29:10,320 --> 01:29:12,090
seems quite sudden.
1956
01:29:12,090 --> 01:29:14,550
But when we look at
the historical record,
1957
01:29:14,550 --> 01:29:18,840
this reckoning has been
decades, or centuries even,
1958
01:29:18,840 --> 01:29:21,360
in the making, in terms of
even when the first police
1959
01:29:21,360 --> 01:29:24,870
departments were founded to
regulate labor in the North,
1960
01:29:24,870 --> 01:29:27,060
and to regulate
unpaid labor, i.e.,
1961
01:29:27,060 --> 01:29:29,910
enslaved people in the South.
1962
01:29:29,910 --> 01:29:31,620
So this has been a
long time coming,
1963
01:29:31,620 --> 01:29:34,590
in terms of trying
to align policing
1964
01:29:34,590 --> 01:29:39,360
with our democratic norms,
our democratic expectations,
1965
01:29:39,360 --> 01:29:43,410
our anti-discrimination
norms broadly.
1966
01:29:43,410 --> 01:29:46,770
And what produced this moment
is an abject failure on all
1967
01:29:46,770 --> 01:29:50,430
of those counts, in terms of
regulating police departments
1968
01:29:50,430 --> 01:29:54,100
along the lines of democracy,
along the lines of equality,
1969
01:29:54,100 --> 01:29:56,250
along the lines of
ensuring that people
1970
01:29:56,250 --> 01:29:58,530
can live with dignity
in their communities,
1971
01:29:58,530 --> 01:30:02,740
notwithstanding their race,
gender, sexual orientation,
1972
01:30:02,740 --> 01:30:04,420
disability, and so forth.
1973
01:30:04,420 --> 01:30:07,080
And so the work that's
been done over the decades
1974
01:30:07,080 --> 01:30:08,520
is significant.
1975
01:30:08,520 --> 01:30:10,590
And it has helped
us to understand
1976
01:30:10,590 --> 01:30:13,810
the true nature of the
problem that we're addressing.
1977
01:30:13,810 --> 01:30:16,590
So it's not just with regard
to police departments--
1978
01:30:16,590 --> 01:30:18,660
it's with regard to
our political systems.
1979
01:30:18,660 --> 01:30:22,860
Its with regard to our civil
institutions that perpetuate
1980
01:30:22,860 --> 01:30:24,520
the logics of policing.
1981
01:30:24,520 --> 01:30:27,360
So when folks say,
defund the police,
1982
01:30:27,360 --> 01:30:30,870
what they're talking about is
not merely shifting resources.
1983
01:30:30,870 --> 01:30:33,570
They're talking about
bankrupting a particular kind
1984
01:30:33,570 --> 01:30:38,550
of ideology that views police
as the frontline of segregation,
1985
01:30:38,550 --> 01:30:42,570
that views police as a mechanism
for regulating the poor,
1986
01:30:42,570 --> 01:30:45,450
the racially
marginalized, and those
1987
01:30:45,450 --> 01:30:48,370
who are differently abled--
those who are not normative.
1988
01:30:48,370 --> 01:30:50,130
And so that's really
the question in terms
1989
01:30:50,130 --> 01:30:51,180
of what are we defunding?
1990
01:30:51,180 --> 01:30:53,490
We're not only shifting the
resources that fund police,
1991
01:30:53,490 --> 01:30:55,460
but the ideologies
that undergird them.
1992
01:30:55,460 --> 01:30:58,200
And those ideologies exist
in a number of institutions
1993
01:30:58,200 --> 01:31:00,840
outside of law enforcement,
traditional law enforcement
1994
01:31:00,840 --> 01:31:03,220
agencies, as I was discussing.
1995
01:31:03,220 --> 01:31:05,670
So if we're going to
divest from police,
1996
01:31:05,670 --> 01:31:07,410
we can not
simultaneously reinvest
1997
01:31:07,410 --> 01:31:09,180
in other punitive institutions.
1998
01:31:09,180 --> 01:31:11,370
So we really have to pay
attention to those logics.
1999
01:31:11,370 --> 01:31:13,960
That work is there,
it's decades long.
2000
01:31:13,960 --> 01:31:16,380
And at this moment, folks
are being called in--
2001
01:31:16,380 --> 01:31:17,160
not called out.
2002
01:31:17,160 --> 01:31:19,520
They're being called
in to be allies.
2003
01:31:19,520 --> 01:31:21,480
And that includes law
students, law professors.
2004
01:31:21,480 --> 01:31:24,510
We have a lot of work
to do to really question
2005
01:31:24,510 --> 01:31:28,020
the role that we play in
facilitating police violence,
2006
01:31:28,020 --> 01:31:31,320
and legitimizing
policing in the way
2007
01:31:31,320 --> 01:31:35,040
that it has been exercised
in the United States.
2008
01:31:35,040 --> 01:31:38,100
And we need to be partners
in really dismantling
2009
01:31:38,100 --> 01:31:42,090
the ideological underpinning of
policing in the United States
2010
01:31:42,090 --> 01:31:45,060
in the way it affects those
who are the most vulnerable
2011
01:31:45,060 --> 01:31:45,940
in our communities.
2012
01:31:45,940 --> 01:31:48,720
And I hope that the folks
who are watching this now
2013
01:31:48,720 --> 01:31:52,470
will take that invitation
and will join us
2014
01:31:52,470 --> 01:31:55,530
in asking these critical
questions about the role of law
2015
01:31:55,530 --> 01:31:59,100
in democracy in
regulating public safety,
2016
01:31:59,100 --> 01:32:01,145
and what public safety
means more generally.
2017
01:32:01,145 --> 01:32:02,520
ALEXANDRA NATAPOFF:
And I'll just
2018
01:32:02,520 --> 01:32:04,320
take this moment remind
everyone that there
2019
01:32:04,320 --> 01:32:07,170
are some supplemental
readings from some
2020
01:32:07,170 --> 01:32:10,620
of our academic
colleagues on the website
2021
01:32:10,620 --> 01:32:13,620
if you're interested in reading
more deeply about these issues.
2022
01:32:13,620 --> 01:32:16,680
Congresswoman Bush,
can you send us off?
2023
01:32:16,680 --> 01:32:18,220
CORI BUSH: Absolutely.
2024
01:32:18,220 --> 01:32:20,310
I just want to ask
a question, just
2025
01:32:20,310 --> 01:32:23,130
for people to think about later
on as you go through your day,
2026
01:32:23,130 --> 01:32:26,970
and hopefully that you can
mull over the next few weeks,
2027
01:32:26,970 --> 01:32:29,070
you know, thinking
about this subject
2028
01:32:29,070 --> 01:32:31,920
and what is your
anti-racism work?
2029
01:32:31,920 --> 01:32:35,010
And how does that plug into what
we've been talking about today?
2030
01:32:35,010 --> 01:32:37,590
You know, we're always
told, can we get past this?
2031
01:32:37,590 --> 01:32:41,550
Or if you all will comply, and
all of these things, and then
2032
01:32:41,550 --> 01:32:44,755
I think about how in 2015, one
year after year after Michael
2033
01:32:44,755 --> 01:32:46,380
Brown was murdered
and we had protested
2034
01:32:46,380 --> 01:32:50,400
for more than 400 days
with the Ferguson uprising,
2035
01:32:50,400 --> 01:32:53,070
and we ended up with a
blue lives matter law.
2036
01:32:53,070 --> 01:32:58,650
We ended up with a 70% of Black
drivers were more likely--
2037
01:32:58,650 --> 01:33:01,020
Black drivers were 70% more
likely to be pulled over
2038
01:33:01,020 --> 01:33:02,610
in Missouri than white drivers.
2039
01:33:02,610 --> 01:33:07,950
Now, in 2019, we were 95%
more likely to be pulled over
2040
01:33:07,950 --> 01:33:09,990
by police officers
than white drivers,
2041
01:33:09,990 --> 01:33:12,180
in a state where
we're only 11.8%--
2042
01:33:12,180 --> 01:33:18,650
where the white community
is 83% in this state.
2043
01:33:18,650 --> 01:33:21,480
And where and our Latinx and
Hispanic community is 4.3%--
2044
01:33:21,480 --> 01:33:24,060
we were 95% more likely
to be pulled over,
2045
01:33:24,060 --> 01:33:28,440
40% more likely to be
stopped and searched,
2046
01:33:28,440 --> 01:33:31,140
and 40% more likely
to be arrested,
2047
01:33:31,140 --> 01:33:33,750
even though we were the
ones, a lot of times,
2048
01:33:33,750 --> 01:33:35,800
didn't have anything on
us when we were searched.
2049
01:33:35,800 --> 01:33:37,920
So what is your
anti-racism work,
2050
01:33:37,920 --> 01:33:40,460
and how can you use that
to help fix this problem?
2051
01:33:40,460 --> 01:33:42,675
And I'm saying that because
everybody has a place.
2052
01:33:42,675 --> 01:33:44,050
I don't care if
you're a student,
2053
01:33:44,050 --> 01:33:45,990
I don't care what your
place is right now,
2054
01:33:45,990 --> 01:33:47,700
there is a work that you can do.
2055
01:33:47,700 --> 01:33:50,490
Take it to your families,
to your network,
2056
01:33:50,490 --> 01:33:53,670
if you have a religious
affiliation, whatever groups
2057
01:33:53,670 --> 01:33:54,420
you're a part of.
2058
01:33:54,420 --> 01:33:55,837
Take it to the
board room, take it
2059
01:33:55,837 --> 01:33:58,950
to wherever, whatever
access you have, use that
2060
01:33:58,950 --> 01:34:00,080
and put it to this work.
2061
01:34:00,080 --> 01:34:01,950
Because that's the only
way we'll change it.
2062
01:34:01,950 --> 01:34:03,408
And if you think
that if you're not
2063
01:34:03,408 --> 01:34:04,790
a part of-- if
there is something
2064
01:34:04,790 --> 01:34:08,000
that you can not bring, you
haven't dug deep enough.
2065
01:34:08,000 --> 01:34:09,590
So go back and
look at this thing.
2066
01:34:09,590 --> 01:34:13,100
Every single person
has a place in this
2067
01:34:13,100 --> 01:34:16,020
to fix this in this
country for all of us.
2068
01:34:16,020 --> 01:34:19,960
Because if I die tomorrow,
if I'm murdered tomorrow,
2069
01:34:19,960 --> 01:34:22,490
can you say that you did
the work to make sure
2070
01:34:22,490 --> 01:34:25,070
that Black lives matter?
2071
01:34:25,070 --> 01:34:26,650
Thank you.
2072
01:34:26,650 --> 01:34:28,050
ALEXANDRA NATAPOFF: Thank you.
2073
01:34:28,050 --> 01:34:31,060
Like to thank our
extraordinary panel.
2074
01:34:31,060 --> 01:34:36,190
This has been illuminating
and inspiring.
2075
01:34:36,190 --> 01:34:37,840
I'll turn it over
to Professor Crespo,
2076
01:34:37,840 --> 01:34:42,010
if you'd like to leave
us with any few words.
2077
01:34:42,010 --> 01:34:44,200
I'd like to thank all
the students and all
2078
01:34:44,200 --> 01:34:46,720
our participants who listened.
2079
01:34:46,720 --> 01:34:49,690
And I hope everybody
appreciates the time
2080
01:34:49,690 --> 01:34:53,230
that these extraordinarily
busy and overcommitted people--
2081
01:34:53,230 --> 01:34:57,660
none of these panelists
have any time,
2082
01:34:57,660 --> 01:35:01,750
and they donated that
time today to us,
2083
01:35:01,750 --> 01:35:03,490
so that we could
do our work better,
2084
01:35:03,490 --> 01:35:05,840
so that we could proceed
in our education better.
2085
01:35:05,840 --> 01:35:07,892
So thank you, we're
very, very grateful.
2086
01:35:07,892 --> 01:35:09,600
ANDREW CRESPO: Thank
you all so, so much.
2087
01:35:09,600 --> 01:35:12,430
Echoing the DA and the
future congresswoman.
2088
01:35:12,430 --> 01:35:15,762
As the DA said, part of the
work is having a conversation.
2089
01:35:15,762 --> 01:35:17,470
Certainly not all of
the work, but that's
2090
01:35:17,470 --> 01:35:18,873
what we're hoping to do here--
2091
01:35:18,873 --> 01:35:20,290
to have this type
of conversation,
2092
01:35:20,290 --> 01:35:23,680
to have at last a full
year, and to put in the time
2093
01:35:23,680 --> 01:35:25,707
that we can to make
sure that we explore
2094
01:35:25,707 --> 01:35:27,790
these questions as thoroughly
and as thoughtfully,
2095
01:35:27,790 --> 01:35:31,180
but with the urgency that
the moment calls for.
2096
01:35:31,180 --> 01:35:32,885
And many of your
questions in the chat,
2097
01:35:32,885 --> 01:35:35,260
as I was reading through them,
I thought, OK, well, we've
2098
01:35:35,260 --> 01:35:36,280
got a whole session on that.
2099
01:35:36,280 --> 01:35:37,420
Which is why those
questions might not
2100
01:35:37,420 --> 01:35:38,660
have been asked today.
2101
01:35:38,660 --> 01:35:40,690
But we hope that you'll
go to policinginameric
2102
01:35:40,690 --> 01:35:43,927
a.law.harvard.edu, you can
see the full slate of topics
2103
01:35:43,927 --> 01:35:45,010
we're going to talk about.
2104
01:35:45,010 --> 01:35:47,080
You can see our
future panelists.
2105
01:35:47,080 --> 01:35:48,850
And we look forward
to seeing many of you
2106
01:35:48,850 --> 01:35:50,110
back here in October.
2107
01:35:50,110 --> 01:35:52,130
And to our amazing
panelists, one more time
2108
01:35:52,130 --> 01:35:54,370
I'll just say, thank
you so, so much.
2109
01:35:54,370 --> 01:35:57,130
2110
01:35:57,130 --> 01:35:59,220
RACHAEL ROLLINS:
Thanks for having us.
2111
01:35:59,220 --> 01:36:04,000
173662
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