“Above the Law”‘s Elie Mystal has crossed over from being a provocative, if often emotion-driven and unprofessional, legal news analyst to being an Angry Black Man for whom law and justice is tangential. As Ethics Alarms covered here, Mystal already has proclaimed that the existence of a single intransigent juror who hung the jury in the Michael Slager trial proves that whites are incapable of race-blind justice. In his latest stage of racist fury, Mistal now wants black jurors to sabotage the justice system.
“Black people lucky enough to get on a jury could use that power to acquit any person charged with a crime against white men and white male institutions. It’s not about the race of the defendant, but if the alleged victim is a white guy, or his bank, or his position, or his authority: we could acquit. Assault? Acquit. Burglary? Acquit. Insider trading? Acquit.Murder? … what the hell do you think is happening to black people out here? What the hell do you think we’re complaining about when your cops shoot us or choke us? Acquit. Don’t throw “murder” at me like it’s some kind of moral fault line where the risk of letting one go is too great. Black people ARE BEING MURDERED, and the system isn’t doing a damn thing to hold their killers accountable. Sorry I’m not sorry if this protest idea would put the shoe on the other foot for a change.”
You can read the rest; it’s all like this. Mystal is bonkers. There’s no reasoning or fairness in his screed. He’s just fulminating, growling and slobbering like a rabid dog. It’s sad. Nobody can take anyone who expresses this kind of irrational hate as a response to frustration seriously. He’s not accurate, he’s not truthful, he’s not responsible. He has left law and logic so far behind he may never work his way back to them.
I’ll touch on just a few splashes of Mystal’s projectile hate-vomit:
African-Americans live in a world where the police can murder us and get away with it. Walter Scott proved that, for anybody who still had a lingering doubt. There is no justice for black people.
One juror, whose motives Mystal cannot know, hung a jury. That’s proves to Ellie that there is no justice for black people. No wonder this guy just writes for a legal dish site. He couldn’t practice law if this is an example of his reasoning.
White juries regularly refuse to convict or indict cops for murder. White juries refuse to convict vigilantes who murder black children.
Guess what he’s referring to? Trayvon Martin! This is a pundit who accepts false narratives and employs them as authority! Later, he says,
“White people aren’t willing to indict a cop for choking a black man to death in broad daylight.”
Eric Garner? Who wasn’t “choked to death,” where the officers involved definitely didn’t want to kill him, where he wasn’t just a black man but a morbidly obese black man in terrible health, and where the city has already paid millions in damages to his family, which society regards as a large measure of justice when there is gross negligence but not malice.
My issue is with the purported “victim.” Minorities are victims of police brutality in this country, and there aren’t enough white citizens willing to do a damn thing. I no longer see why minorities should be expected to help white victims achieve the justice they so regularly deny people of color.
Exit ethics. This is an endorsement of Rationalization#2 A. Sicilian Ethics, or “They had it coming, ” the law of chaos. It is also, of course, a vile racist insult that in its color-reversed form would get any writer canned from any publication not run by “Chimpmania.”
This is something that intellectual black people with legal training talk about. Honestly, what the hell do you expect us to do? How do white people think we’re supposed to react when we watch cops murder us and get away with it, over and over and over again? We’re just supposed to take it? Wait for America to produce nicer white people? The options for black America in the face of this state-sponsored injustice seem pretty limited.
This is about all I can take. I would say that I expect Elie to grow up, but I don’t. He’s child throwing a fit, he’s incoherent, and if I were working in an office with him, I’d be watching him closely, with an eye on the nearest exit, or blunt object. His characterization of the justice system is demonstrably false, based on sensational and high visibility cases only, and so soaked with his own racial bias and hate that it defies orderly rebuttal.
The only possible reason Above the Law would keep him on is for click-bait. Maybe when he calls for African-Americans to slaughter whites in their beds, the site will decide he’s gone too far.
Meanwhile, he’s a hateful racist and an incompetent, irresponsible journalist. I was asked if he could be disbarred for this rant. No, lawyers still have freedom of speech. But Harvard Law School must want to legally change its name to have graduated a lawyer with this little comprehension of, ethics, law, society, race…this is how Donald Trump reasons. To think that at the college he graduated with the same major I did. So much for THAT credential. Time for a correspondence course.
I won’t be visiting “Above the Law” again until it does the responsible thing and fires Elie Mystal. Whatever he had, he’s lost it. When you resort to full-force destructive hate and incitement, lying as you do it, declaring, as a lawyer, that the legal system needs to be destroyed, you have no business writing legal commentary. You have officially become part of the problem you’re shouting about. These issues require thoughtful, objective analysis. Elie Mystal’s analysis has deteriorated into a declaration of war on peace, law, and society.