Good Morning, Black Saturday!

1 Self promotion Dept. I’m going to be back on NPR (WBUR, D.C.) in what I think is a live panel discussion (“Barbershop” is the show—I wonder what a ‘barbershop” is? ) hosted at 5: 30 pm, EST by the estimable Michel Martin. The topic is The Harvey Weinstein Ethics Train Wreck, though that’s not what they’ll be calling it.

2. “For every time, Spin Spin Spin, there is a season..” I may mention this New Republic article, or at least be ready to torch a fellow panelist who cites it favorably. The tortured reasoning of writer David Dayen led him to assert that the “sexual harassment crisis” resulted from ” a broken justice system.” Let me summarize it for you: men harass women in the workplace because it’s too hard to convict people and put them in jail. When did liberals start being the ones who want to dispense with civil rights protections and due process assurances in court?

“But we should identify the real culprit for this state of affairs: the long, slow abandonment of the rule of law in America. The reason adjudicating sexual misconduct claims has been left to the media and the crowd is that people have no expectation that the legal system will adjudicate those claims fairly. How can anyone blame them? They have witnessed endless instances of powerful people, mostly wealthy men, getting away with criminality and deception, in every context imaginable. When you don’t have a working justice system, you get a kind of vigilantism as a result. The problem isn’t the vigilantism—it’s the broken framework that leads desperate people to take matters into their own hands. That powerful people face little sanction for misbehavior is an old story, as true in gender as it is in class. But brazen impunity for the powerful is a hallmark of our era. The worst financial crisis in America in nearly a century led to practically no convictions for those whose actions facilitated the meltdown. The Catholic Church shuttled around sex-abusing priests for decades with little reckoning. Cops shoot black people and go back on the job….”

None of this has much to do with sexual harassment, which isn’t a crime, and the three examples cherry-picked by Dayen don’t support his stated argument. The Wall Street wheeler-dealers operated primarily within loopholes and gray areas in the laws and regulations. There were few convictions because it was hard to prove that laws were broken. When the molesting priests were identified, still living, and in the U.S., many were sent to prison. (That the Catholic Church behaved abysmally doesn’t show that the U.S. justice system is broken, obviously). And “Cops shoot black people and go back on the job” is deceitful, simple-minded agitprop. Colin Kaepernick, is that you?

The article is a desperate and clumsy attempt at ethics jujitsu, with the recent exposure of progressive hypocrites as sexual predators being flipped to pivot to the talking point that “everything is rigged against the poor, blacks and women.” What Dayen ends up arguing is that we need to make it easier to prove criminal guilt when we just know the defendants are bad dudes (white, male and rich) —shouldn’t that be enough?— and all the “beyond a reasonable doubt” stuff should be junked…except when black “non-violent drug offenders” are involved.

3.  It’s still illegal. Fark.com called this story “a woman being arrested for mothering while black.” Nice. David Dayen, is that you? Continue reading →