If We Cannot Enforce Our Rights We Have No Rights!

In August 2016 the Obama Justice Department released a blistering report of racial bias in the Baltimore Police Department (BPD). The Report found among numerous other violations that "...BPD engages in a pattern or practice of making stops, searches, and arrests in violation of the Fourth and Fourteenth Amendments..." and that these violations were primarily against African Americans. In short the BPD has for years targeted African Americans for stops, searches and arrests without provocation and therefore illegally.

What the report found, in the simplest terms, is widespread unconstitutional policing. Let that term sink in for a moment. Widespread, means it’s happening all over the city, unconstitutional means it is illegal. Can you say illegal policing?

What then is illegal policing? In a word it’s gangsterism. It is no different than so-called street justice and vigilantism. OK so that may be an exaggeration. But the point is that those who are sworn to uphold the law but break the law are nothing but criminals with badges who are also licensed to kill. That is not an exaggeration.

Frankly, I see little difference in a criminal who robs me of my wallet and a police officer who robs me of my constitutional rights. The real question is whose fault is it that this situation exists in the first place? Is it the fault of the police officer (the so-called bad apple) who never should have been sworn in the first place? Or is it the law by which he operates?

Let's give the question a closer look. We will view it through the lens of the Freddie Gray murder. On September 13, 2017 the Jefferson Beauregard Sessions Department of Justice (DOJ)announced that it will not charge the officers in the Freddie Gray case with civil rights violations because of lack of evidence. No surprise there. But here are some things to remember.

First, the Freddie Gray murder took place in Baltimore where the DOJ found that the police basically violate the rights of African Americans with impunity. Second it was a result of an illegal stop. Freddie Gray hadn’t broken any law but ended up dead in police custody. So what really happened?

According to the police report Mr.Gray exchanged glances with police and ran. It is not illegal to run from the police as long as you have not been detained or an order has not be issued (Stop!). Moreover, the report says they "exchanged glances". What does that mean? Does it mean Mr. Gray was looking in the direction of the police officer? Or is it possible his flight had absolutely nothing to do with the police officer's presence? Be that as it may, Mr. Gray was subsequently arrested for being in possession of a switchblade. Problem is it wasn't a switchblade and more importantly the knife was not illegal. That's assuming that the knife belonged to him. At very least the arresting officer must be presumed to have known that the knife was not illegal.

The point here is that Mr. Gray had not committed a crime. Therefore, his detention and transportation against his will was, in fact, a kidnapping. Kidnapping is, in all jurisdictions, a felony offense. When a death occurs during the commission of a felony it becomes felony murder. Whether the death was intentional or merely negligent is, as a matter of law, irrelevant. It is certainly irrelevant to the deceased. Moreover, all of the participants are culpable.

Of course, the law does not recognize this argument but rather creates a legal fiction that safely and consistently shields the police officer and the state from being held accountable for their actions. It also gives notice to the police that they can pretty much do anything they want to (including extra judicial execution) as long as the person is in a "high crime" area, is Black or poor.

This is why RadiKal Review is so important. These matters are never addressed in mainstream media. These organizations represent the Fourth Estate (or power) and as such are part of the white supremacist conglomerate known as the United States Government. How long will it take African Americans to understand that the law is a white supremacist conspiracy. In order to defeat we must know how it operates. It is the law that makes it possible!

When we claim that "the law is the law" or "the law must be obeyed" or such other misleading euphemisms such as "the rule of law" we are giving validity to the system that has denied our constitutional rights even while proclaiming them. This is not a land of laws but a land of hypocrisy.

Be that as it may we must focus on what is necessary to destroy the political, economic, cultural infrastructure that is white supremacy masquerading as democracy. Our ultimate goal must be to attain power proportionality in America. Then and only then will we be able to protect and defend our rights and our posterity. This is not a laughing matter. While we argue about whether Donald Trump is a white supremacist (he is) he is assembling a juggernaut that will soon steam roll our rights and our communities. Remember too that by definition rights only exist to the extent that they can be enforced. If you cannot enforce a right you do not have a right - you have, at best, a privilege.

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Johnnie Cordero holds a Bachelor's degree in Political Science and a Doctorate in Jurisprudence. He is the author of Total Black Empowerment: A Guide to Critical Thinking in the Age of Trump. His new book Theodicy and The Power of the African Will is sheduled for release in October 2017.