Tag Archives: injustice

Whatever Happened to Justice? Supreme Court OKs Police Tasering Pregnant Women

By John W. Whitehead

Once again, the United States Supreme Court has proven Clarence Darrow, a civil liberties attorney and long-time advocate for the Constitution, correct in his assertion that “there is no such thing as justice—in or out of court.” In meting out this particular miscarriage of justice, the Supreme Court recently refused to hear the case of a pregnant woman who was repeatedly tasered by Seattle police during a routine traffic stop simply because she refused to sign a speeding ticket.

Malaika Brooks, 33 years old and seven months pregnant, was driving her 11-year-old son to school on a November morning in 2004, when she was pulled over for driving 32 mph in a 20 mph school zone. Instructing her son to walk the rest of the way to school, Malaika handed over her driver’s license to Officer Juan Ornelas for processing. However, when instructed to sign the speeding ticket—which the state inexplicably requires, Malaika declared that she wished to contest the charge, insisting that she had not done anything wrong and fearing that signing the ticket would signify an admission of guilt.

What happened next is a cautionary tale for anyone who still thinks that they can defy a police officer, even if it’s simply to disagree about a speeding ticket. Rather than issuing a verbal warning to the clearly pregnant (and understandably emotional) woman, Officer Ornelas called for backup. Officer Donald Jones subsequently arrived and told Brooks to sign the ticket. Again she refused. The conversation became heated. The cops called in more backup. The next to arrive was Sergeant Steven Daman, who directed Brooks to sign the ticket, pointing out that if she failed to do so, she would be arrested and taken to jail. Again, Malaika refused.

On orders from Sgt. Daman, Ornelas ordered a distraught Brooks to get out of the car, telling her she was “going to jail.” Malaika refused, and the second cop, Jones, responded by pulling out his taser electro-shock weapon, asking her if she knew what it was and warning her it would be used on her if she continued to resist. Brooks told him “No,” and then said, “I have to go to the bathroom, I am pregnant, I’m less than 60 days from having my baby.”

Jones and Ornelas then proceeded to discuss how best to taser the pregnant woman and forcibly remove her from the car. One officer said, “Well, don’t do it in her stomach; do it in her thigh.” Opening the car door, Ornelas twisted Malaika’s arm behind her back. Desperate, Brooks held on tightly to the steering wheel, while Jones cycled the taser as a demonstration of its capacity to cause pain.

With the taser in a “drive-stun” mode, Officer Jones then pressed the taser against Brooks’ thigh while Ornelas held her hand behind her back. Brooks, in obvious pain, began to cry and honk her car horn—hoping someone would help. Thirty-six seconds later, Ornelas pressed it into her left arm. Six seconds later, he again stunned her, this time on the neck. After being tasered numerous times, Brooks’ pregnant body eventually gave way. As Malaika fell over and out of the car, the officers dragged her onto the street, placing the pregnant woman face down on the pavement, handcuffing her and transporting her to jail.

Unfortunately, this is where what happened to Malaika Brooks at the hands of the police—behavior that should be roundly condemned and prohibited—becomes yet another example of the cowardice of our justice system and the corrupt nature of life in a police state. Even though the Ninth Circuit of the United States Court of Appeals recognized that Malaika posed no threat to anyone, nor did she pose a physical threat to the officers, that none of her offenses were serious, and that officers clearly used “excessive force” against her, the justices granted qualified immunity to the officers—a ruling that the U.S. Supreme Court ostensibly upheld when it refused to hear the case. In doing so, the courts have essentially given police carte blanche authority when it comes to using tasers against American citizens.

Indeed, this case highlights a growing trend in which police officers use tasers to force individuals into compliance in relatively non-threatening situations. Originally designed to restrain violent criminals, tasers are now used with impunity against individuals who pose no bodily harm to the police. Rowdy schoolchildren, the elderly, and mentally ill individuals are increasingly finding themselves on the receiving end of these sometimes lethal electroshock devices. Cops who have been shocked in the course of their training have described being tased as “the most profound pain,” and “like getting punched 100 times in a row.”

While law enforcement advocates may suggest otherwise, these incongruous and excessive uses of force by the police are quickly becoming the rule, not the exception. A 2011 New York Civil Liberties Union report showed that of the eight police departments surveyed across the state, over 85 percent of taser uses occurred in cases where suspects were not armed. Incredibly, 40 percent of taser uses were aimed at the elderly, children, the mentally ill, or the severely intoxicated.

As John Lennon once remarked, “The trouble with government as it is, is that it doesn’t represent the people. It controls them.” Indeed, the varied expressions of the government’s growing power—the excessive use of tasers by police on non-threatening individuals, allowing drones to take to the skies domestically for purposes of surveillance, the government’s monitoring of our emails and phone calls, and on and on—which get more troubling by the day, are merely the outward manifestations of an inner, philosophical shift underway in how the government views not only the Constitution and the Bill of Rights, but “we the people,” as well.

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. He can be contacted at johnw@rutherford.org. Information about the Institute is available at www.rutherford.org.

Paying for Health Care Reform

By Daniel Downs

President Obama often said people like himself could pay for health care reform. That is, high-income taxpayers can afford high tax rates to help fund universal health care.

Thomas Jefferson held a similar view. He was critical of industrious citizens getting rich while others citizens were going without. He believed the wealthy should assist the less fortunate to achieve a livable income.

The difference between the views of Obama and Jefferson may not be apparent. Nevertheless, there is a significant difference in their views. Obama adheres to a form of contemporary liberalism that has embraced the values of humanism, egalitarianism, and welfare socialism. Although Jefferson was more liberal than many of his day, he was nevertheless a rock solid natural law proponent. His values were characterized by traditional moral values, entrepreneurial capitalism, and natural rights equality. Stated more simply, Obama tends towards being a big government socialism while Jefferson was oriented toward being a limited government capitalism.

To Jefferson, the term capitalist meant entrepreneurs of small businesses including farms, repair shops, small manufacturers or craftsmen, merchants, and the like.

Today, the term capitalism certainly includes owners of small businesses; but, in practice, many modern politicians favor a big business view. Internationalists, like Obama and most federal politicians, give their allegiance to supporting national, international, and especially Wall Street business.

However, Jefferson, as did Adam Smith, opposed big business as a threat to independent “capitalists”. One reason was that they regarded big business as quasi-governmental entities, and so do many financial experts today. Like incorporated federal banks and Fannie Mae, for-profit corporations are government created entities.

The point is this: Obama, as representative of the Democratic Party, says he wants the more wealthy to pay for their welfare based benefits program for middle and lower income citizens. The obvious problem is high income citizens live off the productivity of lower income employees, taxpayers, and consumers. Early Americans like Thomas Jefferson were very critical of it. Why? As expressed by John Locke, property and productivity belonged to the worker. In other words, the means of production belonged to all Americans equal to their need and capacity.

Taxing for the limited functions of government was and is the necessary cost to secure property and life as well as to maintain the freedom to pursue as much happiness as possible. Taxing for redistribution from the haves to the have-nots was regarded as robbery just as the low wage living was regarded as slavery.

Returning health care and how to pay for it, we can restate the issue like this: the wealthy own businesses, investment and legal firms, as well as medical practices. The so-called poor do not. Therefore, the rich should pay more to provide adequate health care for the poor and middle-class.

Yet, one could argue that most businesses already pay their employees’ health care. They also pay into Medicare as well as into group health care. Employees pay a small portion of the health insurance costs. It is part of the overall wage.

So then, why should we make businesses pay their employees higher wages?

The only reason to pay employees higher wages would be for them to pay 100 percent of the cost of health care insurance. Who says it has to be a responsibility of employers and government. Are not individuals capable of purchasing their own group insurance?

The same is true of all other government-initiated social safety net programs including social security, welfare, and ESEA (now called No Child Left Behind), and S-CHIP. With the proper education, individuals and their local communities would be more capable of and efficient at providing their own social safety nets.

Without poor wage earners, all of those programs would not be needed and would be more difficult to justify.

Those social safety net programs were all good ideas, but all became means to enlarging federal powers over American lives. Except for Social Security, most of those programs never produced the results that were sold to American citizens. Corporations whose revenues are in the multi-millions and billions often get welfare subsidies. Are not the bank and manufacturer bailouts a form of welfare? After billions of taxpayer funding, the ESEA program still has not closed the educational gap between children of poor families and others; it still has resolved the huge school drop out problem; add it still has not made American children’s globally competitive in math and science. One would think that over 40 years or 3 generations Americans would have achieved this goal. Then there is S-CHIP (State Children Health Insurance Program) that never has been used strictly to help the children of poor families. Why? Because the agenda of liberal bureaucrats always has been to complete the goal of making the middle class welfare dependents or good socialists.

Democrats justify their health care reform based on the millions of Americans without adequate health care. Yet, Congressional Budget Office analysis of so-called Affordable Health Care for America Act (HR 3962) shows over 18 million will still be uninsured by 2019 under the bogus reform bill.

The fake reform will not even end the injustice perpetrated by the the government’s so-called safety net. After paying 20-40 years into the Medicare retirement age health care fund, the state often takes every possession of those who cash in on the supposed safety net. That seems more like a big brother scam and not a safety net.

Maybe, Bernie Madoff’s real crime was learning and practicing the art of his liberal big brother.

The answer to the health care problem is not the enlargement of government or government run health care. It is reforming the political economy. If as President Obama, Jim Wallis, and others claim, the rich can afford to pay more taxes for health care reform, they could afford to pay better wage rates so that all American could purchase health care they and their families want. The cure for making health care affordable (reducing costs and increasing earned income) would solve many other societal problems tied to America’s political economy.