Poor Marks for Cuban Corruption    

According to the Corruption Perception Index 2023 (CPI), from Transparency International, Cuba fell for the fifth consecutive year . . . [and now] appears in 76th place, among 180 countries, with only 42 points out of 100.[1]

“Corruption advances”rapidly in Cuba, almost at the same pace as political repression and hunger. And each small step in the direction of economic opening deepens the inequality of opportunities: the communist caste expands its capitalist privileges, and uses public powers and resources to do so. Meanwhile, authentic entrepreneurs sweat their shirts, fiscally and literally speaking.”

Lennier López, adjunct professor at Miami Dade College, asserts, “There is a discretionary power of the State. Private property in Cuba is a kind of favor, so to speak. The State has the discretion to choose which businesses are approved, which MSMEs exist and which do not. This generates an arbitrary and unfair incentive, and public officials are bribed to obtain permits.”

Lopez, also the academic supervisor of the Cuba Próxima ideas laboratory, “recognizes that ‘a certain liberalization of markets entails risks of increased corruption.’ But on the Island it is decisive, ‘because the State continues to have a monopoly on the production and import of products and services.’”

Dr. Ivette García González, university professor and member of the CubaxCuba civic thought laboratory, warns that the [Cuban] situation “is more serious” than what the CPI indicates, “considering the opacity and lack of government transparency, the complexity of the phenomenon and the limitations of the measuring instrument itself.” Indeed, Dr. Garcia Gomsalez, says “Corruption is practically in all [Cuban] institutions.” Cuba’s “greater weight in the public sector and . . .resources or quotas of power, emanating from prohibitions and chronic shortcomings,  . . . allow the trafficking of influences, money, and nepotism.”

Luciana Torchiaro, Transparency International advisor for Latin America and the Caribbean, says that Cuba has regressed quite a bit since 2012, and a decline has been seen in recent years.” She “believes it is essential [for Cuba] to improve the levels of transparency in public organizations, establish accountability systems, eliminate discretion and respect political and civil rights, including press freedoms, expression and association, and the right to information.”

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[1] Suarez, Do the rankings reflect the depth of corruption in Cuba?, Diario de Cuba (Feb. 2, 2024);Transparency International, CPI 2023: Cuba, (Jan. 30, 2024).

 

Memory Issues for People in Their Eighties

Joe Biden, who just turned 80, will be 86 in 2028 should he be re-elected and serve another four-year term as U.S. President. This has prompted political speculation whether his age is or should be a disqualifying attribute for his seeking re-election. This issue was discussed in an interesting New York Times article about memory issues facing people in their 80’s in the U.S.[1]

The article starts with the following general comments:

  • “[W]hile the risk of life-threatening diseases, dementia and death rises faster with each passing decade of a person’s life, experts in geriatrics say that people in their 80s who are active, engaged and have a sense of purposecan remain productive and healthy — and that wisdom and experience are important factors to consider.”
  • “ Biden, . . . experts agreed, has a lot going in his favor: He is highly educated, has plenty of social interaction, a stimulating job that requires a lot of thinking, is married and has a strong family network — all factors that, studies show, are protective against dementia and conducive to healthy aging. He does not smoke or drink alcohol and, according to the White House, he exercises five times a week. He also has top-notch medical care.”
  • “His race is another [positive] factor. The life expectancy for the average white, 80-year-old man is another eight years, said Dr. John Rowe, a professor of health policy and aging at Columbia University. ‘And that’s the average,’ Dr. Rowe said. ‘A lot of those 80-year-olds are already sick; they are already in the nursing home.’”
  • “Scientists who study aging stress that chronological age is not the same as biological age — and that the two often diverge as people grow older. It is true that older people tend to decline physically, and the brain also undergoes changes. But in people who are active, experts say, the brain continues to evolve and some brain functions can even improve— a phenomenon experts call the ‘neuroplasticity of aging.’”
  • “’This idea that old age is associated with only declines is not true,’ said  Dilip Jeste, a psychiatrist who has studied aging at the University of California, San Diego. ‘There are studies that have been done all over the world which show that in people who keep active physically, socially, mentally and cognitively there is increased connectivity among specific networks, and even new neurons and synapses can form in selected brain regions with older age.’”

Further comments were provided by five additional experts.

“Dr. Dan Blazer, professor emeritus and psychiatric epidemiologist at Duke University School of Medicine, who led a committee of experts that examined “cognitive aging” for the National Academy of Sciences in 2015, said, ‘Slippage of memory is something that is usual, but it is not a real deficit.’ He described such slippage this way: ‘They forget, they remember they have forgotten and they eventually remember what they have forgotten.’”

Another expert on aging, Dr. Gill Livingston, a psychiatrist at University College London, who led a commission on dementia in 2020, observed, ‘Once people reach 65, the risk of dementia doubles every five years. In general, she said, in high-income countries like the United States, dementia will affect 10 percent of people aged 80 to 84 and 20 percent of those aged 85 to 89.”

Lisa Berkman, a professor of public policy at the Harvard School of Public Health who studies health and aging, added a more nuanced view. ‘People in their 80s commonly experience declines; we shouldn’t be naïve about that. And at the same time, there is so much variability. People who are doing well and are in the top level of functioning, have the odds of going for another 10 years, of doing really well during this time and making very important contributions.’”

Jay Olshansky, an epidemiologist at the University of Illinois Chicago, names both Mr. Biden and former President Donald J. Trump, who is 76, as likely fitting the profile of “super-agers” — a ‘subgroup of people that maintain their mental and physical functioning and tend to live longer than the average person their age.’”

“Dr. Olshansky also says it is a misconception to think being president ages a person; in fact, former presidents tend to live longer, as an analysis he published in 2011 showed. Former President Jimmy Carter, who has been active well into his 90s, turned 98 last month. President George H.W. Bush was 94 when he died in 2018.”

“As the baby boom cohort ages, the number of octogenarians is growing into what experts have called a “silver tsunami.” In its 2020 Profile of Older Americans, the federal Department of Health and Human Services reported that the 85-and-older population was projected to more than double from 6.6 million in 2019 to 14.4 million in 2040.”

Reactions

On November 21, the Times published 583 comments on this article. Here are a few of them:

  • Jim K said, “If either party offers a younger candidate with a fresher and less polarizing vision/agenda for the nation, that party’s candidate will probably win the election. In my opinion, that is who the independents – the middle of the road types – would vote for.”
  • Joe Barnett said, “If he decides not to run, he can wait until the primaries and then endorse or just watch the Democrats pull from their wealth of talent to replace him.”
  • Northern D offered, “It will actually speak to Biden’s legacy if he knows when to leave and still be capable of helping his successor not matter who he or she is. In my estimation that should be sooner rather than later.”
  • Therion boston, “Step down Man! The United States needs a leader that is younger, fresher, and more vibrant. Our whole country needs to put forward a fresh face.”
  • MCM said, “The appropriate question is whether the United States can run the risk that he may not be. And the article suggests that while he has many advantages, that possibility exists.”
  • WHC says, “By their mid80s most individuals have some cognitive decline, and if there is one job where we don’t want the holder to have cognitive decline it’s president of the United States. Yes, decline is not guaranteed, but the odds are clearly rising, and shutting your eyes to it—or to declare legitimate worries ageism, as though he’s just a laid off fifty something—isn’t serving your readers.”

Although I voted for Mr. Biden in the 2020 election, I think he should not run for re-election because of concerns about the potential adverse effects of his aging during a second term and of some voters declining to vote for him for that reason. I also think that many of the younger voters, who turned out in great numbers in the 2020 election, would appreciate having a younger candidate to vote for. My recommendations: U.S. Senators Cory Booker or Amy Klobuchar.

As a mid-80’s white male, retired lawyer with three university degrees who is in relatively good health and active in various ways, I am glad to learn that my age does not automatically mean that I am destined to suffer significant physical and mental decline in the balance of my 80’s. However, I acknowledge that my short-term memory is not as sharp as it used to be. When I mentioned this issue to a friend of my generation, he loaned me a book, “Remember” that emphasizes forgetting is part of being human while some memories are built to last only a few seconds and others can last a lifetime. The book’s author, Lisa Genova, is a neuroscientist and acclaimed novelist. I look forward to reading this book and hopefully getting tips on improving my memory.[2]

================================

[1] Stolberg, The President Is Turning 80. Experts Say Age Is More Than a Number, N.Y. Times (Nov. 20, 2022),

[2] Author Spotlight: Lisa Genova, Harmony Books.

U.S. Resettlement of Refugees and Recent Afghan Evacuees

The U.S. currently is engaged in resettling in this country refugees from around the world under previously established international refugee resettlement processes as well as recent Afghan evacuees under newly modified processes for Afghans.

Here is a summary of the legal requirements and administrative procedures for these important developments.

U.S. Resettlement of Refugees

  1. International Legal Protection of Refuges[1]

In 1951 an international conference of diplomats adopted an international treaty to protect refugees (Convention Relating to the Status of Refugees).

This treaty went into effect or force in April 1954 after its ratification by six states. However, the U.S. did not directly ratify this treaty, but did so indirectly in 1968 when under the leadership of President Lyndon Johnson the U.S. ratified a treaty amendment (Protocol Relating to the Status of Refugees).

The U.S., however, did not adopt implementing legislation until 1980, when President Jimmy Carter led the adoption of the U.S. Refugee Act of 1980, which included the treaty’s following definition of “refugee” (with U.S. express addition for “past” persecution):

  • “ (A)ny person who is outside any country of such person’s nationality . . . and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of [past] persecution or a well-founded fear of [future] persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.. . . ”

As of January 20, 2020, there were 146 parties to the Convention and 147 to the Protocol.

  1. International Resettlement of Refugees[2]

After international cooperation on resettlement of specific groups of refugees, 1956-1995, the United Nations High Commissioner for Refugees (UNHCR) in 1995 organized the Annual Tripartite Consultations on Resettlement for the UNHCR, nation states and civil society. By the end of 2019, these consultations had established a global resettlement policy and procedures to attempt to provide locations for such resettlement that can provide the services that refugees need. These procedures have resulted in resettlement of over 1 million refugees: 90 percent of whom came from Myanmar, Syrian Arab Republic, Iraq, Democratic Republic of Congo and Somalia and were resettled in the U.S., Canada, Australia, Sweden and the United Kingdom.

At the end of 2019, the UNHCR estimated there were 26 million refugees in the world, about one half of whom are under the age of 18. This group is part of the 79.5 million forcibly displaced people in the world (the other 53.5 million are forcibly displaced within their own countries and thus not entitled to refugee status).

  1. U.S. Resettlement of Refugees[3]

The U.S. has participated in this international resettlement program under the overall direction of the Departments of State and Homeland Security.

Under U.S. law the U.S. President establishes annual quotas for such resettlements. The largest such quota was 200,000 in 1980 when President Carter led the U.S. adoption of the Refugee Act of 1980. In 1999 under President Clinton the quota was 132,631, and in 2016 under President Obama it was 84,994.

For Fiscal 2019 President Trump reduced the number of refugees for resettlement in U.S. to 15,000 and required cities and counties to file written affirmative consents for such resettlements with the State Department, but a federal court held that requirement was illegal. Nevertheless, many states, including Minnesota, granted such consents along with statements about the many contributions by refugees to their states.

President Biden initially said he would maintain the 15,000 quota set by Trump for this fiscal year, but after strong objections by influential Senators and others, the White House on May 3, 2021, stated the it was revising the quota to 62,500 for this fiscal year although it was unlikely that it would meet that number by that year’s end on 9/30/21. President Biden also said that he intends to increase the quota for the next fiscal year to 125,000.

  1. Refugee Resettlement in Minnesota [4]

From 2005 through 2019 the State of Minnesota had resettled 33,189 refugees. The largest numbers came from Somalia (13,674), Burma (8,604), Ethiopia (2,194), Laos (2,042), Iraq (1,290), Bhutan (1,188) and Liberia (1,171).

For Fiscal 2021 (ending 9/30/21), Minnesota had a resettlement goal of 500, but as of 5/12/21 had received only 30. They came from the Democratic Republic of Congo, Ethiopia, Somalia, Ukraine and Republic of Moldova (Eastern European county and former part of USSR). Because of COVID-19, the goal of 500 probably will not be met.

For Fiscal 2022 (before the evacuation of Afghans), Minnesota expected to have a resettlement goal of 1,900 given President Biden’s stated intent to increase the national total to 125,000.

Such resettlements are coordinated by refugee resettlement agencies in the State: Minnesota Council of Churches (Refugee Services), International Institute of Minnesota, Lutheran Social Services of Minnesota, Catholic Charities of Southern Minnesota and Arrive Ministries.

Minneapolis’ Westminster Presbyterian Church, where this blogger is a member, is launching its Refugee Co-Sponsorship Team of six to twelve individuals under the leadership of three “champions” with guidance of the Minnesota Council of Churches and anticipates receiving its first refugee family this October.

Our Team’s commitment is for four to six months starting with setting up an apartment selected by the Council with furnishings that it and our Team provides; welcoming the family on their arrival at the Minneapolis-St. Paul Airport and transporting them to their apartment;  helping the family’s orientation to their new neighborhood, city and services; transporting them to various meetings and shopping; assisting school registration for any children and adult ESL enrollment; providing information about various public services and obligations; and helping them find employment. In short, being friends to our new residents. The co-sponsorship ends with a closing ceremony, transitioning the relationship to mutual friendship, rather than a continued helping relationship. [5]

U.S. Resettlement of Recent Afghan Evacuees.

The recent turmoil in Afghanistan has resulted  in the U.S. evacuation from that country of approximately 130,000 people (124,000 Afghans and 6,000 U.S. citizens).

Many of the Afghan allies with U.S. special immigrant visa applications and their families who recently escaped Afghanistan were flown from Kabul to Washington, D.C. for their subsequent transfer to U.S. forts in Virginia (Fort Lee),Texas (Fort Bliss) and western Wisconsin (Fort McCoy, which is about 169 miles southeast of Minneapolis). Others were flown to U.S. military bases in other countries for processing and hoped-for transfers to the U.S.[6]

This summary is based upon the cited sources with recognition that this is a very complex and changing situation and readers’ corrections and amplifications are most welcome.

  1. Legal Status of Afghan Evacuees[7]

Most, if not all, of these Afghans have not been through the previously described procedures for resettlement of refugees and have not been determined to meet the requirements for refugee status. (Some articles erroneously refer to them as “Afghan refugees.”)

Instead, they are being vetted by U.S. agencies for meeting the following requirements for Afghan Special Immigrant Visas (“SIVs”):

  • employment in Afghanistan for at least one year between October 7, 2001, and December 31, 2023, by or on behalf of the U.S. government or by the International Security Assistance Force (ISAF), or a successor mission in a capacity that required the applicant to serve as an interpreter or translator for U.S. military personnel while traveling off-base with U.S. military personnel stationed at ISAF or to perform activities for U.S. military personnel stationed at ISAF; and
  • Have experienced or be experiencing an ongoing threat as a consequence of their employment.

Alternatively some Afghans might be eligible for Priority 2 (P-2) designation granting U.S. Refugee Admissions Program access for Afghans and their eligible family members by satisfying one of the following conditions:

  • “Afghans who do not meet the minimum time-in-service for a SIV but who work or worked as employees of contractors, locally-employed staff, interpreters/translators for the U.S. government, U.S. Forces Afghanistan (USFOXRX-A), International Security Assistance Force (ISAF), or Resolute Support;”
  • “Afghans who work or worked for a U.S. government-funded program or project in Afghanistan supported through a U.S. government grant or cooperative agreement;” or
  • “Afghans who are or were employed in Afghistan by a U.S.-based media organization or non-governmental organization.”

Afghans also could be eligible for “the Priority (P-1) program by virtue of their circumstances and apparent need for resettlement who are referred to the P-1 program . . .  by the UN High Commissioner for Refugees (UNHCR), a U.S. embassy, or a designated NGO.”

However, an Associated Press reporter claims that “the majority will arrive without visas as ‘humanitarian parolees,’ lacking a path to legal U.S. residency and the benefits and services offered to traditional refugees, according to U.S. officials and worried aid groups working closely with the government.” Instead, “Afghan parolees who have arrived at U.S. military bases will be eligible for an ad hoc State Department program that provides limited assistance for up to 90 days, including a one-time $1,250 stipend. But they will not have the full range of medical, counseling and resettlement services available to immigrants who arrive through the U.S. refugee program.”

  1. U.S. Administrative Agencies Involved in “Operation Allies Welcome[8]

On August 19, 56 Senators sent a bipartisan letter to President Biden calling for “the urgent evacuation of Afghan Special Immigrant Visa (SIV) applicants and their families, as well as the full and immediate implementation of [the above legislation] to expand the Afghan SIV program and streamline the application process.”

That message was in accord with the Biden Administration’s desires. On August 29, President Biden directed the Department of Homeland Security to be the lead agency coordinating this resettlement effort and that agency’s Secretary (Alejandro N. Mayorkas) simultaneously appointed Robert J. Fenton, Jr. with 29 years of experience in FEMA large-scale response and recovery efforts to lead the interagency Unified Coordination Group in this effort. He will be working with Jack Markell, a former Delaware Governor and now the White House’s coordinator of “Operation Allies Welcome.”

  1. Resettlement of Afghan Evacuees in U.S. [9]

Operation Allies Welcome is asking the nonprofit organizations that have contracted with the U.S. State Department for resettlement of refugees to also handle the resettlement of the Afghan evacuees. This task is made much more difficult by last year’s shrinkage of these agencies caused by President Trump’s reduction of the quota for such resettlement to 15,000 and the associated reduction of federal financial support for same and by the size and unresolved issues about the Afghan evacuees.

  1. Societal Reactions to Afghan Resettlement [10]

There are general reports about positive reactions to such resettlement from U.S. citizens and organizations.

The State of Minnesota did so in an August 19, 2021, letter to President Biden from Minnesota Governor Tim Walz and Lieutenant Governor Peggy Flanagan. It stated that Minnesota “in the past . . . has stepped forward to help those who are fleeing desperate situations and need a safe place to call home” while acknowledging, “New Minnesotans strengthen our communities and contribute to the social fabric of our state. They are our neighbors.” Therefore, “we [in Minnesota] stand ready to work with you and your administration to welcome [Afghan] families as this effort to provide safety and refuge continues.”

Minnesota’s U.S. Senator Amy Klobuchar has voiced a similar opinion by offering her office’s assistance to American citizens and Afghan allies looking to evacuate that country and by signing a bipartisan letter to the President urging support for evacuation efforts.

In addition, Temple Israel of Minneapolis is embarking on a program to help some of these Afghans to resettle in Minnesota and has enlisted Westminster Presbyterian Church as a co-sponsor for such resettlements. The Temple’s program probably springs from the Hebrew Immigrant Aid Society (HIAS) as well as a continuous Jewish presence in the territory of Afghanistan from the 8th century CE until the 20th century.[11]

Conclusion[12]

Westminster’s involvement with immigrants is not new in our 160 years. Indeed, the church was established in 1857 by Scottish and Welsh newcomers on land that had been home to the Dakota people for many generations. In 1870 we established our first global mission partnership after our third pastor had visited China and in the 1880s began a formal ministry teaching English and providing support to Chinese immigrants that continued in the 20th century.

Our church also has partnerships with Protestant churches in Cuba, Cameroon and Palestine.

These Westminster ministries are inspired by various Biblical passages.

The book of Leviticus says, “When an alien resides with you in your land, you shall not oppress the alien. The alien who resides with you shall be to you as the citizen among you. You shall love the sojourner as yourself, for you were sojourners in the land of Egypt. I am the Lord your God.” (Leviticus 19: 33-34.) (The Hebrew word for “alien” is “ger,”which means stranger in the land, one who sojourns among you.)

Jesus, of course, told stories about heroes who are disliked foreigners, like the good Samaritan (Luke 10: 25-37) , or when He welcomes those whom others shun as outsiders, like the Samaritan woman at the well (John 4: 1-26) and when He ignores the then current mandate no to pay attention to people living with leprosy or other illnesses (Matthew 8: 1-3).  As our Pastor, Rev. Tim Hart-Andersen said in his recent sermon, “As Christians, our core conviction insists on hospitality to those deemed other by the world around us—and anyone else known to be the most vulnerable in the community.”

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[1] UNHCR, Convention and Protocol Relating to the Status of RefugeesRefugee Act of 1980; Convention Relating to the Status of Refugees, Wikipedia; List of Posts to dwkcommentaries—Topical: LAW (REFUGEE & Asylum).

[2]  UNHCR, The History of Resettlement (2019).

[3] U.S. State Dep’t, About Refugee AdmissionsU.S. State Governments Celebrate Refugee Accomplishments, dwkcommentaries.com (Feb. 2, 2020); U.S. State Dep’t, Report to Congress on Proposed Refugee Admissions for Fiscal Year 2021 (Oct. 22, 2020); U.S. Reduces Refugee Admissions to 15,000 for Fiscal 2021, dwkcommentaries.com (Oct.  2, 2020); U.S. State Dep’t, Report to Congress on the Proposed Emergency Presidential Determination on Refugee Admissions for Fiscal Year 2021 (Feb. 12, 2021); Joe Biden Raises Trump refugee cap  after backlash, BBC News (May 4, 2021);UNHCR, UNHCR applauds US decision to increase refugee resettlement (May 3, 2001). Minnesota Council of Churches, Refugee Services.

[5]  Minnesota Council of Churches, Refugee Services; Minnesota Council of Churches, Help Afghan Refugees (Aug. 30, 2021); Campbell, Schulze & Krohnke, Our Refugee Family Co-Sponsorship: An Invitation to Love the Sojourner Among Us, Westminster News (Sept. 2021).

[6] U.S. Defense Dep’t, U.S. Seeks to Open More Locations to Aid Evacuation From Kabul, General Says, DOD News (Aug. 21, 2021); Assoc. Press, Afghan refugees arrive, temporarily, in northern Virginia, Wash. Post (Aug. 22, 2021); Assoc. Press, Afghan refugees begin arriving at Fort McCoy in western Wisconsin, StarTribune (Aug. 23, 2021); Musa, The United States Needs an Afghan Refugee Resettlement Act, Foreign Policy (Aug. 19, 2021), ; Baghdassarian & Carney, Special Immigrant Visas for the United States’ Afghan Allies, Lessons Learned from Promises Kept and Broken, Lawfare (Aug. 19, 2021),

[7] State Dep’t, Special Immigrant Visas for Afghans—Who Were Employed by/on behalf of the U.S. Government; State Dep’t, U.S. Refugee Admissions Program Priority Designation 2 for Afghan Nationals (Aug. 2, 2021); Press Release, BREAKING: Senate Passes Shaheen-Ernst Bill to Protect Afghan Allies through SIV Program as Part of Supplemental Spending Bill (July 29, 2021); Emergency Security Supplemental Appropriations Act, 2021, Public Law 117-331, enacted on July 30, 2021; Assoc. Press, For Afghan evacuees arriving to U.S., a tenuous legal status and little financial support, Wash. Post (Sept. 1, 2021).

[8] Shaheen, Ernst Lead Bipartisan Effort Urging the Administration on Immediate Evacuation & Full Implementation of their SIV Legislation Aug. 19, 2021). Homeland Security Dep’t, DHS to Serve as Lead Federal Agency Coordinating Efforts to Resettle Vulnerable Afghans, (Aug. 29, 2021); Sacchetti, Miroff & Demirjian, Biden names former Delaware governor Jack Markell to serve as point person on Afghan resettlement in the United States, Wash. Post (Sept. 3, 2021).

[9] U.S. Refugee Organizations Race to Prepare for Influx of Afghans, W.S.J. (Aug. 31, 2021). Hackman, Afghan Refugees in the U.S.: How They’re Vetted, Where They Are going and How to Help, W.S.J. (Sept. 3, 2021). Assoc. Press, US faith groups unite to help Afghan refugees after war, StarTribune (Sept. 2, 2021).

[10] Office of Governor Walz & Lt. Governor Flanagan, Governor Walz and Lieutenant Governor Peggy Flanagan: Minnesota Stands ready to Welcome Afghan Refugee Families (Aug. 19, 2021); Assoc. Press, Walz extends Minnesota’s welcome mat to Afghan refugees (StarTribune (Aug. 20, 2021). News Release, Klobuchar Announces Office Assistance for Americans and Afghan Allies Evacuating Afghanistan (Aug. 18, 2021).

[11] HIAS Statement on Afghanistan Crisis (Aug. 16, 2021); History of the Jews in Afghanistan, Wikipedia; Oreck, Afghanistan Virtual Jewish History Tour, Jewish Virtual Library; The Jews of Afghanistan, Museum of the Jewish People.  Westminster’s Response to Crisis in Afghanistan (Aug. 8, 2021).

[12] Rev. Timothy Hart-Andersen & Rev. David Tsai Shinn, Sermon: Concerning the Sojourner (June 20, 2021). Westminster Presbyterian Church, Global Partners Ministry Team.

 

Election Message from James H. Lowry

James H. Lowry, a Grinnell College classmate (1961), friend, and accomplished social activist and business executive, has written the following inspiring election message which he asked me to share. (Here is his biography in The History Makers (the nation’s largest African-American video oral history collection).

“As we near Election Day 2020, I’ve been reflecting on my own relationship with politics and the importance of exercising perhaps our most sacred civic duty, voting. In my new book, Change Agent: A Life Dedicated to Creating Wealth for Minorities, I recount how early on in my life and career I was inspired by politics. From kitchen table talks with my mother, Camille, and big brother Bill about who she wanted to vote for, witnessing the passing of Civil Rights legislation and policy under the Kennedy Administration, and working closely with Senator Robert Kennedy to implement the Bedford-Stuyvesant Restoration Corporation in 1967, I saw the benefits and possibilities of politics from the very beginning. But even then, I knew the fight was just beginning.”

“Under the Obama administration, I felt immense pride in the Claims Resolution Act, granting payouts to BIPOC farmers, and the Fair Sentencing Act that served to reduce incarceration disparities. But still I knew, the fight was just beginning.”

“In 2012 the U.S. Supreme Court overturned part of the Voting Rights Act of 1965 that mandated states to secure federal permission before changing voting laws or practices. Now, in 2020, as our country continues to grapples with a global pandemic thats requiring most Americans to vote from home, we’ve seen states refuse mail in ballots to their electorates, our national postal service gutted under political motivations, false ballot dropboxes in California, and a president that uses every platform he has to sow division while simultaneously undermining our democracy by questioning the legitimacy of our electoral process.”

“As we draw nearer to potentially the most consequential election of our lifetimes, I implore you to make a plan! Whether it be taking your mail-in ballot to a ballot drop box today, going in person early between now and Nov 2nd, or taking the necessary precautions to keep you and your family safe on Election Day, make sure you use your ballot and voice are heard! The fight isn’t over, it is just beginning!”

“If you’re unsure what steps you need to make your voting plan, go to www.vote.org and begin the process of making your voice heard! We’re all counting on us to win this fight!”

 

 

 

Pandemic Journal (# 31): What Will Be the New Normal?

The COVID-19 Pandemic has been so long and so thoroughly disruptive to what used to be our “normal” lives, we wonder what life will be like after the pandemic is over. Will it be a return to what we thought was “normal.”? I think not. We will start to engage in a new way of life with details to be negotiated among all people and institutions.

This was the point recently made by Fareed Zakaria.[1]

Zakaria’s Vision for the New World

The world that is being ushered in as a consequence of the covid-19 pandemic is new and scary. The health crisis has accelerated a number of forces that were already gathering steam. Most fundamentally, it is now blindingly clear that human development as it is happening now is creating ever-greater risks. The backlash from nature is all around us, from wildfires to hurricanes to pandemics, of which covid-19 may simply be the first in a series. The pandemic has intensified other trends, too. For demographic and other reasons, countries will likely see more sluggish economic growth. Inequality will get worse, as the big get bigger in every sphere. Machine learning is moving so fast that, for the first time in history, human beings might lose control over their own creations. Nations are becoming more parochial, their domestic politics more isolationist. The United States and China are headed toward a bitter and prolonged confrontation.” (Emphases added.)

“It is a dangerous moment. But it is also in times like these that we can shape and alter such trends. To complete the story of our future, we must add in human agency. People can choose which direction they want to push themselves, their societies and their world. In fact, we have more leeway now. In most eras, history proceeds along a set path and change is difficult. But the novel coronavirus has upended society. People are disoriented. Things are already changing and, in that atmosphere, further change becomes easier than ever. . . .” (Emphases added.)

“We could continue with business as usual and risk cascading crises from climate change and new pandemics. Or we could get serious about a more sustainable strategy for growth. We could turn inward and embrace nationalism and self-interest, or we could view these challenges — which cross all borders — as a spur to global cooperation and action. We have many futures in front of us. . . .” (Emphases added.)

The current pandemic presents . . . choices. We could settle into a world of slow growth, increasing natural dangers and rising inequality — and continue with business as usual. Or we could choose to act forcefully, using the vast capacity of government to make massive new investments to equip people with the skills and security they need in an age of bewildering change. We could build a 21st-century infrastructure, putting to work many of those most threatened by new technologies. We could curb carbon emissions simply by placing a price on them that reflects their true cost. And we could recognize that, along with dynamism and growth, we need resilience and security — or else the next crisis could be the last. . . .” (Emphasis added.)

The . . . tension between integration and isolation can be seen throughout the world. The pandemic is leading countries to look inward. But enlightened leaders will recognize that the only real solution to problems such as pandemics — and climate change and cyberwar — is to look outward, toward better cooperation. The solution to a badly funded and weak World Health Organization is not to withdraw from it in the hope that it withers away, but rather to fund it better and give it more autonomy so that it could stand up to China — or the United States — if a health emergency requires it. No single country can organize the entire world anymore. None wants to. That leaves only the possibilities of chaos, cold war, or cooperation.” (Emphasis added.)

“It is true, as the critics charge, that real international collaboration requires some element of collective decision-making. While it sounds sinister to some ears, it is, in fact, what countries do all the time. It is the mechanism by which we regulate everything from international telephone calls to air travel to trade and intellectual property to the emission of chlorofluorocarbons. There is no global “one world government,” and there never will be — it is just a phrase designed to scare people into imagining a secret army descending on them in black helicopters. What actually exists, and what we need more of, is global governance, agreements among sovereign nations to work together to solve common problems. It shouldn’t be so hard. Cooperation is one of the most fundamental traits in human beings, one that many biologists believe is at the root of our survival over the millennia. If we are to survive well into the future, cooperation will surely help us more than conflict.” (Emphases added.)

The imperative for cooperation is nowhere more evident than in the relationship between the world’s two greatest powers, the United States and China. We are entering a bipolar world — characterized by a reality in which two countries are simply head-and-shoulders above the rest in hard power. . . .” (Emphasis added.)

“The pandemic has made so many — nations and individuals — turn inward and become selfish. But an even larger crisis had the opposite effect on the greatest statesmen of the age. Twenty years after D-Day, CBS News invited the former supreme commander of the Allied operations, Dwight D. Eisenhower, to revisit the beaches of Normandy with Walter Cronkite and reflect. Eisenhower had seen the worst of humanity — the German Wehrmacht’s brutal fight to the finish — and yet, he had come out of that experience determined to try cooperation. As they sat overlooking the rows of graves in Normandy, Eisenhower said to Cronkite, “These people gave us a chance, and they bought time for us, so that we can do better than we have before. So every time I come back to these beaches, or any day when I think about that day 20 years ago now, I say once more, we must find some way to work to peace, and really to gain an eternal peace for this world.” (Emphasis added.)

“So, too, in our times, this ugly pandemic has created the possibility for optimism, change and reform. It has opened a path to a new world. It’s ours to take that opportunity or to squander it. Nothing is written [beforehand about what we should do].” (Emphasis added.)

Reactions

I concur in the need for more international cooperation on a multitude of issues.

In addition, the pandemic has shown the many deficiencies in the U.S. Everyone needs basic health insurance that is not tied to a specific employer which means if an individual is fired or laid off due to an economic downturn or another pandemic, the individual loses health insurance. We need a huge revision of the federal income tax laws to eliminate loopholes and other provisions that benefit only the super wealthy. We need to do something about income and wealth inequality. We need to have one federal election system that guarantees and enforces the right to vote for every U.S. citizen who is over 18 years of age, stops gerrymandering, and eliminates the electoral college and the equal representation of states regardless of population in the U.S. Senate. We need to eliminate racism and sexism in our institutions and society. Those are starters for a new normal.

An invitation is extended to readers of this blog to express their desires for a “new normal” after we get through this pandemic.

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[1] Zakaria, The pandemic upended the present. But it’s given us the chance to remake the future, Wash. Post (Oct. 6, 2020). This article is adapted from Zakaria’s new book, Ten Lessons for a Post-Pandemic World (W.W. Norton & Co. 2020).

Pandemic Journal (# 30): More Days in the Pandemic

One of the objectives of this Journal is recording what it is like to live during the COVID-19 pandemic. Here is another such report.[1]

First, here are the latest pandemic statistics as of September 27 (2:06 p.m. EDT). The world has 32,892,000 cases and 994,400  deaths. The U.S., 7,119,400 (the most in the world) and 204,400; and Minnesota, 96,786 and 6,938.[2]

Now to more positive news from my wife and me, both grateful to continuing to be healthy.

Last Wednesday (September 23) we started our first excursion outside the City of Minneapolis and nearby western suburbs during the pandemic by driving 237 miles from Minneapolis to Tofte on the North Shore of Lake Superior.

Our initial drive on Interstate 35 from Minneapolis to Duluth was blessed by a beautiful sunny day and by listening to classical music on the Symphony Hall channel of SiriusXM on our car radio. I especially enjoyed the last movement of Beethoven’s 9th Symphony with its joyous choral music. Although I do not know the German words that the choir was singing, I know the melody and enjoyed singing the melody along with the choir. Hearing this symphony again reminded me of its  thrilling performance  by the Minnesota Orchestra in Soweto, South Africa in August 2018.

We also listened to Mozart’s oboe concerto and a Haydn symphony. All of this music reminded me of the genius of these composers and their ability to continue to thrill us today.

Moreover, this music relieved my mind from obsessing about the many problems facing the U.S. and the world.

When we got to Duluth we stopped at a Dunn Brothers Coffee Shop on London Road to buy one delicious chicken sandwich on cranberry/wild-rice bread to share. Then we went up the hill in the city to the Hawk Ridge Nature Reserve, where we have been many times, hoping to see migrating hawks and other birds. Unfortunately for that objective, it was very warm with little wind and hence no birds.

After Duluth it was northeast on State Highway 61 along the North Shore.

In the town of Silver Bay we stopped to buy a bottle of wine, but could not find the store. In a parking lot I asked two masked women where we could find such a store. They did not know. Although it is often difficult to recognize people who are wearing masks to protect against the pandemic, one of the women’s distinctive hair enabled me to recognize her as a friend from my Minneapolis church, so I called out her name, and I was correct. She said she thought she had recognized my voice. Another woman, whom I did not know, then directed us to the nearby store, and a bottle of wine was secured.

When we arrived at Tofte we drove north on County Road 2 (the Sawbill Trail) to go west on Range Road 166 (Heartbreak Ridge, which is named for early loggers’ broken hearts for their inability to haul logs up or down the ridge during the winter). After arriving at Range Road 343, we turned around and went back to the Sawbill Trail, seeing beautiful fall foliage both ways.

We then returned to Tofte and checked into the AmericInn in the town, where we have stayed before. Because of pandemic restrictions, there was a more limited free breakfast designed for take-out or eating in your room. There was no servicing of our room during our two-night stay so that the two of us would be the only ones in the room. The motel clerk said they had had an extremely busy Fall, which confirmed our earlier unsuccessful attempts this summer to go to the North Shore.

The first night we ordered take-out from the Bluefin Grill across Highway 61; the salmon and salad were acceptable.

On Thursday (September 24), after breakfast at the motel, we returned to the Sawbill Trail to drive north in order to go east on Range Road 164 (the Honeymoon Trail), which is famous for its colorful fall foliage. Indeed, the yellow leaves of the poplar trees and the red of the maple trees were gorgeous.

At the end of the Honeymoon Trail, we turned and went north a short distance on the Caribou Trail (County Road 4). Then we turned right and went east on Murmur Creek Road (Range Road 332) and Pike Lake Road (County Road 45) to see more beautiful fall foliage. Then it was south on County Road 7 to return to State Highway 61.

We then drove northeast on Highway 61 past many places we had seen before—Lutsen Resort, Cascade River State Park and Grand Marais—to Judge C.R. Magney State Park, where on a beautiful early afternoon we hiked uphill along the Brule River and the easier downhill hike back.

Afterwards we returned to Grand Marais and stopped at our favorite restaurant—The Angry Trout—for a wonderful meal sitting outside on its deck overlooking the Harbor on a beautiful (but breezy and cool 49 degree) day. My wife had a white fish dinner while I had a bison steak dinner.

Then it was back to the motel in Tofte. The next day was colder and rainy so we left to return home. We were glad we had been to the North Shore again, had seen the beautiful fall foliage and had excellent meals. Indeed, we did not recall the intensity of fall colors on previous trips to the North Shore, and we learned afterwards that the birch and poplars in their fall yellow finery were a week or so early. We were lucky.

We thus re-emerged in the turmoil of U.S. politics: Trump’s nomination of Amy Coney Barrett  to replace Ruth Bader Ginsburg on the U.S. Supreme Court and Senator McConnell’s intent to orchestrate an immediate Senate confirmation of Barrett, even before the November 3 presidential election; Trump’s continued threats to not abide by the results of that election; and more. These issues will be discussed in future posts.

This morning I attended the virtual worship service at my Minneapolis church (Westminster Presbyterian). The sermon (“The Wonder Table”) by Rev.Tim Hart-Andersen, Senior Pastor, was based on Exodus 7:1-18 and Luke 13:10-21. He called for us to have a sense of wonder and curiosity to see what else there might be beyond the immediate situations of life. He also pointed out that people with hard hearts like the Pharaoh in the passage from Exodus will protect their power at all costs and that Jesus called out the hypocrisy of the synagogue leaders in the passage from Luke.(After the text of this sermon is available, another post will explore its message.)

This sermon also quoted from a recent New York Times column by David Brooks, who has spoken several times at our church’s Town Hall Forum.[3] Brooks said in  his column, “I came to faith in middle age after I’d been in public life for a while. I would say that coming to faith changed everything and yet didn’t alter my political opinions all that much. That’s because assenting to a religion is not like choosing to be a Republican or a Democrat. It happens on a different level of consciousness.”

Brooks continued, “During my decades as an atheist, I thought the stories were false but the values they implied were true. These values — welcome the stranger, humility against pride — became the moral framework I applied to think through my opinions, to support various causes. Like a lot of atheists, I found the theology of Reinhold Niebuhr very helpful.” He also added the following comments on his personal journey of faith:

  • “About seven years ago I realized that my secular understanding was not adequate to the amplitude of life as I experienced it. There were extremes of joy and pain, spiritual fullness and spiritual emptiness that were outside the normal material explanations of things.”
  • “I was gripped by the conviction that the people I encountered were not skin bags of DNA, but had souls; had essences with no size or shape, but that gave them infinite value and dignity. The conviction that people have souls led to the possibility that there was some spirit who breathed souls into them.”
  • “What finally did the trick was glimpses of infinite goodness. . . .Divine religions are primarily oriented to an image of pure goodness, pure loving kindness, holiness. In periodic glimpses of radical goodness — in other people, in sensations of the transcendent — I felt, as Wendell Berry put it, “knowledge crawl over my skin.” The biblical stories from Genesis all the way through Luke and John became living presences in my life.”
  • “These realizations transformed my spiritual life: awareness of God’s love, participation in grace, awareness that each person is made in God’s image. Faith offered an image of a way of being, an ultimate allegiance.”
  • “I spent more time listening, trying to discern how I was being called. I began to think with my heart as much as my head. . . . But my basic moral values — derived from the biblical metaphysic — were already in place and didn’t change that much now that the biblical stories had come alive.”
  • “My point is there is no neat relationship between the spiritual consciousness and the moral and prudential consciousnesses. When it comes to thinking and acting in the public square, we believers and nonbelievers are all in the same boat — trying to apply our moral frameworks to present realities. Faith itself doesn’t make you wiser or better.”
  • “In a society that is growing radically more secular every day, I’d say we have more to fear from political dogmatism than religious dogmatism. We have more to fear from those who let their politics determine their faith practices and who turn their religious communities into political armies. We have more to fear from people who look to politics as a substitute for faith.”
  • “And we have most to fear from the possibility that the biblical metaphysic, which has been a coherent value system for believers and nonbelievers for centuries, will fade from our culture, the stories will go untold, and young people will grow up in a society without any coherent moral ecology at all.”

I thank David Brooks for speaking so eloquently about his spiritual journey.

Here ends this report on several days of this individual’s life during the coronavirus pandemic.

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[1] See also List of Posts to dwkcommentaries–Topical: Pandemic Journal.

[2] Covid in the U.S.: Latest Map and Case Count, N.Y. Times (Sept. 27, 2020); Covid World Map: Tracking the Global Outbreak, N.Y. Times (Sept. 27, 2020).

[3] David Brooks Speaks on “The Role of Character in Creating an Excellent Life,” dwkcommentaries.com (May 16, 2015); Brooks, How Faith Shapes My Politics, N.Y.Times (Sept. 24, 2020).

Pandemic Journal (# 29): Current Reflections on COVID-19 Pandemic

As of 8:48 CST on September 20, more than 6,790,500 people in the U.S. had been infected with the coronavirus (the most of any country in the world) and at least 199,500 have died. In Minnesota, there have been 88,773 cases and 5,133 deaths. For the world as a whole the numbers are 30,675,000 cases and 954,427 deaths.[1] These statistics cause one to have sympathy for all those who have or had the disease and all those who have died from it and for all their family members and friends.

I only know two people who have had the coronavirus. One is a nephew who is recovering at his home in another state. The other is Nachito Herrera, a friend and a  famous Cuban-American jazz pianist in Minnesota, whose ICU care with a ventilator was covered by Minnesota media and who recently played several pieces, including his arrangement of “America the Beautiful,” on a public television program. And on September 25 he is scheduled at the Minneapolis’ jazz club, the dakota, for a concert.  [2]

On March 19, 2020, our condo building management instituted new regulations in response to the coronavirus: residents were required to report to the office coronavirus symptoms; all common areas in the building were closed; new practices of cleaning and disinfecting the common areas were adopted; and residents were requested to minimize the number of contractors and visitors entering the building. Since then other measures have been adopted and some of the common areas were reopened with usage restrictions.

Thus, for roughly six months my wife and I have been spending most of our time in our own condo, walking and biking outside on nice days and going to grocery stores for our food supplies. More recently we have been going to doctors and dentists for necessary care, a barber and hair stylist for necessary services and restaurants for occasional meals outside on patios. For example, on an afternoon last week we walked on Nicollet Mall to Barrio Restaurant for delicious tacos at a table on the sidewalk. The Mall, which is Minneapolis’ main street (in normal times) for restaurants, bars, stores and office buildings, now has covered all ground-level windows and glass doors with plywood, most businesses are closed and most of the time very few people are walking around.

For these six months we have not traveled anywhere outside Minneapolis and nearby western suburbs except for two trips to a nearby town: one for our granddaughter’s high school  graduation party and the other for a walk with our son and his family. Thus, we have a great desire to see other places, and this week we plan to  drive to the North Shore of Minnesota for two nights to see the beautiful fall colors of the trees.

We are grateful that we and our family have not caught the virus and are healthy and hope that that will continue. We worry about our sons and their families here and in Ecuador and relatives in Nebraska and elsewhere and pray that they stay healthy.

Last Friday Ruth Bader Ginsburg, a U.S. Supreme Court Justice, died. For many years she has been an inspiring voice against gender and other discrimination. Last night I watched “RBG,” a moving documentary film about her by CNN Films. The film reminded me of what a wonderful human being she was and how we all will miss her.

Then we have to return to reading about the horrible words and actions of President Donald Trump, who immediately said that this week he will nominate a woman to replace Ginsburg on the Supreme Court, and U.S. Senator Mitch McConnell, the Majority Leader of that body, who has said he will lead the effort to have the Senate confirm the nomination as soon as possible and maybe even before the November 3rd presidential election. Many people, including me, fear that the nominee will be very conservative and a threat to undo many of the principles that Ruth Bader Ginsburg struggled for. I, therefore, sent some money to a group supporting Amy McGrath, who is McConnell’s opponent in this year’s election.

Another example of Trump’s insensitive and harmful remarks happened on his visit to Minnesota last Friday when he “extolled at length the battle prowess of” Confederate General Robert E. Lee to audiences that contained descendants of Minnesota men who were members of the Minnesota Volunteer Infantry Regiment that played a vital role for the Union, many of whom were killed in the Civil War.[3]

This morning I attended a very moving virtual worship service at Minneapolis’ Westminster Presbyterian Church. The Scripture for the day was Samuel 3: 1-10 and Luke 2: 41-52 as the foundation for the sermon “Learning to Listen/Listening to Learn” by Senior Pastor, Rev. Tim Hart-Andersen. [4]

A new moving voice in the service was Joe Davis, a poet and Artist in Residence at the church, who previously said, “ I am a poet because I struggle desperately to express my soul’s deepest longings each and everyday—yet I never shy away from the fight.” He “grew up in a non-denominational Pentecostal church in North Dakota, where his parents were active members. In college at Minot State, Joe began to go on spring break service trips with the campus ministry. The campus pastor, who happened to be Lutheran, encouraged Joe to become a peer minister. Her mentoring helped him grow in faith and as a leader, and the ELCA [Evangelical Lutheran Church in America] became an important part of his life.” Now he “feels ‘a little bit of both ‘Lutheran and Pentecostal’ while also being “a strong believer in ecumenicalism—the unity of Christians across denominational lines.”[5]

This worship service was previewed early last week at a ZOOM conversation about aging in the Covid pandemic. Rev. Hart-Andersen said that spirituality should be addressed holistically and intentionally by focusing on your heart (writing hand-written letters or emails to your family and friends); your soul (developing and following a discipline for praying); your mind (reading); your body (exercising); and your love (serving, praying, advocating, writing and volunteering). Afterwards I told Tim that the activities for the “mind” should be reading, reflecting, studying or researching, writing about these activities and then sharing the writing with others. This is what I strive to do on most subjects of posts to this blog.

On today’s beautiful sunny 70-degree afternoon in Minneapolis my wife and I went for an enjoyable walk up Kenwood Parkway from the Walker Art Center Garden to the north end of Kenwood Park and returning on Mt. Curve Avenue to the western side of the Walker to Kenwood Parkway.

Tomorrow morning I will be having coffee with three friends from our condo building in our entertainment center, a practice I started several weeks ago. We have enjoyable conversations and, I think, all of us welcome this opportunity to have social interaction in this age of social distancing.

Another item on my ongoing agenda is preparing for the October 12th meeting of my men’s book group from Westminster Church. I will be leading the upcoming meeting to discuss the novel, “The Last Trial,” by Scott Turow. Most of our meetings this year have been by ZOOM although last month five of us met in the outdoor patio of one of our members; the other five members could not make the meeting. Reading and discussing books with other men is another important way to have needed social interaction.

These are the thoughts of one day of a human being’s living through the pandemic in Minneapolis, Minnesota, USA. I am managing to stay healthy in mind and body despite worries about the coronavirus and the headaches caused by Trump and fears over his supporters somehow damaging or disrupting the November 3rd election.

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[1] Covid in the U.S.: Latest Map and Case Count, N.Y.Times (Sept. 20, 2020); World Health Organization, WHO Coronavirus Disease (COVID-19) Dashboard.

[2] Bream, Minnesota pianist Nachito Herrera on surviving COVID-19: ‘This it the worst thing I’ve had in 54 years of my life, StarTribune (Sept.5, 2020); Nachito Herrera Concert at Minneapolis’ Westminster Presbyterian Church, dwkcommentaries.com (Jan. 7, 2015); Minneapolis’ Westminster Presbyterian Church’s Connections with Cuba, dwkcommentaries.com (∆an. 13, 2015)

[3] Van Ooy & Smith, Trump’s praise of Robert E. Lee gets pushback from Minnesotans proud of state’s role at Gettysburg, StarTribune (Sept. 19, 2020).

[4] The video of this service is  available in the church’s Archive of services, and a future blog post will examine details of the service.

[5] Joe Davis Poet, joedavispoetry.com; Parent, Poet in Residence at Redeemer Lutheran Church, zionbuffalo.org (March 2014).

Developments in George Floyd Criminal Cases

As previously discussed, the September 11 hearing in the four George Floyd criminal cases had many arguments and disclosures by the parties and judge’s decisions. [1]  Here is a summary of filings in the cases since that hearing.

State’s Response to Chauvin Dismissal Motion [2]

On September 18 the State responded to Derek Chauvin’s motion to dismiss the criminal complaint for alleged lack of probable cause. The State’s 42-page brief had a detailed statement of facts regarding the May 25th police encounter with Mr. Floyd and discussion of the relevant law. Here is its summary of the State’s position:

  • “There is probable cause for each charged offense in the complaint. On May 25, 2020, Chauvin, Kueng, and Lane pinned Floyd to the ground face-down after he was suspected of using a counterfeit $20 bill to purchase a pack of cigarettes. Chauvin pressed his knee into Floyd’s neck and held Floyd’s handcuffed left hand behind his back. Kueng knelt on Floyd’s back and likewise pinned Floyd’s handcuffed arms behind his back. Lane restrained Floyd’s legs with his hands and knees. And Thao—who saw what the other officers were doing and heard Floyd’s cries for help—encouraged the others to continue pinning Floyd down, pushed back a group of concerned bystanders, and prevented them from intervening.”
  • “In the first five minutes Floyd was on the ground, he told the officers at least twenty times that he could not breathe. He told them nearly ten times that he was dying. And then he fell silent. He stopped moving. He stopped breathing. And the officers could not find a pulse. As Floyd lost consciousness, a crowd of bystanders pleaded with the officers. They told the officers they were killing Floyd. They screamed that Floyd had stopped moving. They alerted the officers that Floyd had stopped breathing. And they begged the officers to take Floyd’s pulse. Nonetheless, the officers continued to pin him to the ground—with Chauvin kneeling on Floyd’s neck, Kueng on Floyd’s back, Lane on Floyd’s legs, and Thao standing watch to prevent the bystanders on the sidewalk from approaching the other officers and Floyd.”
  • “All told, the officers held Floyd in that position for approximately nine minutes—about five times longer than the national anthem, and four times longer than President Lincoln’s Gettysburg Address. During that time, Chauvin continued to kneel on Floyd’s neck for about four minutes after Lane told the other officers that Floyd was “passing out,” and for two and a half minutes after Kueng said Floyd did not have a pulse. Indeed, he continued to press his knee into Floyd’s neck for a full minute after emergency medical personnel arrived on the scene, and even while emergency personnel tried to check Floyd’s pulse.”

“Probable cause is manifest. The facts here “would lead a person of ordinary care and prudence to hold an honest and strong suspicion” that Chauvin committed second-degree murder, third-degree murder, and second-degree manslaughter. State v. Ortiz, 626 N.W.2d 445, 449 (Minn. App. 2001). The evidence is more than sufficient to establish probable cause for each offense. This Court should therefore deny Chauvin’s motion to dismiss.”

State’s Motion for Reconsideration of  Disqualification of Hennepin County Attorneys [3]

On September 14, the State asserted that “there is no rule which requires the inclusion of a non-attorney witness when [an attorney is] speaking to an experienced and routine government witness, and ABA guidance specifically contemplates a prosecutor meeting with such a witness one-on-one, and undoubtedly four-on-one, without triggering ethical or practical concerns. . . . [T]he meeting [of] these four[HCAO] prosecutors was not any sort of “sloppy” act or unethical shortcutting. Rather, it was a reasoned decision made by conscientious public servants.”

Moreover, “the State does not plan for any of these attorneys to be a trial advocate in this case, and defense counsel has not actually identified a credible scenario under which any of them would be disqualified from serving as such, e.g. by becoming a “necessary witness” at trial, which is the defense’s burden. With that in mind, it is unwarranted to further restrict the State still more: by prohibiting the State from even consulting with these experienced prosecutors (and thus preventing Mr. Freeman and Mr. LeFevour from supervising these matters). Such a broad removal of Mr. Freeman, Mr. LeFevour, Ms. Sweasy, and Mr. Lofton unduly prejudices the State.” In addition, two of the four attorneys have “recused themselves from the case and have had no further involvement in the case.”

In addition to its citation of relevant rules and cases, the State submitted an affidavit of William J. Wernz, who is described by the Minnesota State Bar Association as the author of Minnesota Legal Ethics: A Treatise and as “one of the nation’s foremost authorities on legal ethics.”  After reviewing the relevant materials, Mr. Wernz stated under oath, “in my opinion the interviews of the Hennepin County Medical Examiner by the HCAO did not furnish any basis for conclusion that they violated Rule 3.7, nor that any of them who acted as advocate at trial would violate Rule 3.7 by so doing.”

State’s Additional Discovery Disclosures [4]

On September 16, the State disclosed that it had provided defense counsel with the body worn camera video of Mr. Floyd’s May 6, 2019 incident with the Minneapolis police. On the same date, the State disclosed its having provided other materials.

Kueng’s Request for Preemptory Challenges [5]

On September 15, Defendant J. Alexander Kueng requested that if the four cases are consolidated for trial, each of the defendants should be granted 10 preemptory challenges (but at least five such challenges) of potential jurors.

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[1] See the following posts and comments in dwk commentaries: Agenda for the 9/11/20 Hearing in the George Floyd Criminal Cases (Sept. 2, 2020); Preview of 9/11/20 Hearing in George Floyd Criminal Cases (Sept. 10, 2020); Comment: Rule 404 Evidence Motions: More Details  (Sept. 10, 2020); More Details on 9/11/20 Hearing in George Floyd Criminal Cases (Sept. 11, 2020);Results of 9/11/20 Hearing in George Floyd Criminal Cases (Sept. 12, 2020).

[2] Chauvin Moves To Dismiss Criminal Complaint, dwkcommentaries (Aug. 28, 2020); State’s Response Opposing Defendant’s Motion To Dismiss for Lack of Probable Cause, State v. Chauvin, Civil Case No. 27-CR-20-12646 (Sept.18, 2020); State’s Exhibits for Opposition to Chauvin’s Dismissal Motion ,State v. Chauvin, Civil Case No. 27-CR-20-12646 (Sept.18, 2020).

[3] State’s Notice of Motion and Motion for Reconsideration of Order Prohibiting Participation of Michael O. Freeman and Others, State v. Chauvin, Civil Case No. 27-CR-20-12646 (Sept.14, 2020); Affidavit of William J. Wernz, State v. Chauvin, Civil Case No. 27-CR-20-12646 (Sept.14, 2020).

[4] Letter, Matthew Frank to Judge Cahill, State v. Chauvin, Civil Case No. 27-CR-20-12646 (Sept.16, 2020); Supplemental Prosecution Disclosures Pursuant to Rule 9.01, Subd. 1, State v. Chauvin, Civil Case No. 27-CR-20-12646 (Sept. 16, 2020).

[5] Defendant’s Position on Peremptory Challenges, State v. Kueng, File No. 27-CR-20-12953 (Sept. 15, 2020).

 

 

 

 

The  Principles Underlying the U.S. Form of Government

In my January 1967 application for admission to the Bar of the State of New York, I provided the following statement on what I believed were the principles underlying the form of the government of the United States.

My Statement

Underlying the form of the government of the United States is, in my opinion, the view that government is a necessary evil to ensure that individuals can exist together in a society. Thus, the government is in theory created by the people only for limited purposes, and limitations are placed upon governmental authority in order to preserve unfettered individualistic determination where governmental power is not needed for societal living.

One means of effectuating the desire for limited government is by having a government by laws, not by men. Under this principle of American government, the actions of those in positions of governmental authority are not acts of complete discretion, but are actions which accord with some general rule, whether it be a constitutional rule or statutory or common law rules which are created pursuant to constitutional rules. Thus, a governmental act to be proper must be justified by reference to a general rule.

Another means of effectuating the desire for limited government is by adherence to the principle of separation of powers. The Constitutions of the united States and of New York, while specifically denying certain powers to the governments, create governments of certain enumerated powers which are entrusted to different institutions or organs of the government. The principle of separation of powers is based upon the assumption that limitations on governmental authority will be more difficult to circumvent where there are checks and balances within the government  than where authority is lodged in a single person or organ. The federal system of distributing power among a central government and provincial governments rests, in part, upon the same assumption.

The popular election of legislators and chief executives of government and the principle of majority rule ensures that the government is responsive to the needs of the people and, so long as the majority of the people desire limited government, is another means of effectuating that desire. The constitutional rules are barriers to the transitory majority’s overthrowing the basic commitment to limited government.

The principle of judicial review of the constitutionality of statutes and other government actions is yet another way in which the American government implements the principle of limited government. Allowing a person to challenge the legitimacy of a statue or other government action where its application would have a harmful effect on him means that citizens and lawyers as well as persons in positions of governmental authority are constantly engaged in the process of determining whether the American commitment to limited government us being honored in particular circumstances.

Government is deemed necessary because man is basically selfish and aggressive. Conflicts between men and between man’s institutions are an inevitable result of man’s selfish and aggressive nature. The courts in the American system provide a means whereby these conflicts may be resolved peacefully and in accordance with rules which are designed to advance the common good and promote justice. It is to assist in this task that I wish to become a lawyer.

Conclusion

I was admitted to the bar of the State of New York in 1967 and then in 1970 to the bar of the State of Minnesota. I still affirm the preceding Statement.

Reactions to Louise Erdrich’s Novel, “The Night Watchman”

After a rave review of Louise Erdrich’s new novel “The Night Watchman,” from Luis Alberto Urrea,[1] I was interested in learning more about federal efforts in the 1950s to terminate the legal status of Indians and, therefore, bought and started reading the book.[2]

Immediately, however, I had difficulty. The Table of Contents has a list of  over 100 unnumbered separate sections or scenes, not called chapters, with cursory titles whose significance or meaning becomes clear only after you had read the “chapters.” Moreover, these sections or “chapters” were not  placed into separate titled groups to help the reader. Over the entire list is a heading “September 1953” although it becomes apparent that not everything in all of those sections happens that month. In addition, the Reading Guide by the publisher was not very helpful, in my opinion.

Another difficulty was the large number of characters, many of whom are referred to by their Indian names sometimes and by other names on other occasions. And there is no separate listing of the characters with their different names and relationships with one another that would have helped the reader.

Reading some of the first “chapters” revealed that they are mostly about different facets of life on the reservation of the Turtle Mountain Band of Chippewa in North Dakota. This prompted the thought that Erdrich should have broken this book into two books; the first containing these stories and the second the battle over the legislation in Congress in 1953-54. As these reflections suggest, I was interested in the latter, not the former although the previously mentioned Urrea review emphasized the former.

Rather than giving up on the book, however, I re-read Erdrich’s explanations of the book in the “Author’s Note” at the beginning and the “Afterword and Acknowledgements” at the end. I then did some basic research about the federal efforts in 1953-54 to change the legal status of Indian tribes. Next I returned  to the chapter about the congressional hearing about the Concurrent Resolution (# 83 “Termination of Federal Contracts & Promises with Indian Tribes”) and working backwards scanned the previous “chapters” to see whether and how, if at all, this congressional effort had been discussed. I was amazed to discover that there were many such references, often cryptic, usually involving the Night Watchman (Thomas), all the way back to the fourth “chapter”  (“The Watcher”).

This analysis made me remember that in 1953-54 there were no internet and 24-7 television news programs and think that one of the stories the novel apparently was telling was that even though Congress adopted the Resolution on August 1, 1953, it was not until  the next month (September 1953) that limited information about the Resolution was only gradually discovered by the Night Watchman and eventually prompting him and a committee of the Turtle Mountain Band to organize and mount a (successful) campaign against the applicability of the Resolution to their Band. In the meantime, other members of that Band were engaging in normal events in their lives and implicitly demonstrating the Band was not ready for such termination. However, I confess that I was not interested in these tales.

Here then is my examination of Erdrich’s explanations of the novel, my basic research about the termination issue and the references to that issue in the earlier “chapters” of the book, all causing my re-evaluation of the book.

Erdrich’s Explanation of the Novel

Erdrich’s beginning “Author’s Note” tells us that on August 1,1953, the U.S. Congress “announced ” [adopted] House Concurrent Resolution 108, which would “abrogate nation-to-nation treaties, which had been made with American Indian Nations for ‘as long as the grass grows and the rivers flow,’” for “the eventual termination of all tribes, and the immediate termination of five tribes, including the Turtle Mountain Band of Chippewa.” That Band  then was chaired by Erdrich’s grandfather Patrick Gourneau (the night watchman, Thomas Wazhashk, in the novel), who led the Band’s opposition to such termination. The only other parts of the novel that are factual, Erdrich says, are the Turtle Mountain Jewel Bearing Plant and U.S. Senator Arthur V. Watkins, who was a “relentless pursuer of Native dispossession and the man who interrogated my grandfather.”

Erdrich’s “Afterword and Acknowledgments” says that the mid-1950s were “a time when Jim Crow reigned and American Indians were at the nadir of power—our traditional religions outlawed, our land base continually and illegally seized (even as now) by resource extraction companies, our languages weakened by government boarding schools.[3] Our officials were also answerable to assimilationist government officials: as an example, just look at the ‘advisory committee ‘ in my grandfather’s designation. He and his fellow tribal members had almost no authority. Their purpose was to advise the BIA [Bureau of Indian Affairs], but they seized any opportunity to represent their people. The 1950s were a time when the scraps of land and the rights guaranteed by treaty were easy pickings. With the postwar housing boom, the fabulous Klamath and Menominee forests were especially coveted. It is no coincidence that those tribes were among the first five slated for termination.”

Erdrich also informs the reader that she now possesses her grandfather’s letters from 1953-54 that are “packed with remarkable, funny, stereotype-breaking episodes of reservation life” and reveal a man “of deeply humane intelligence as well as a profoundly religious patriot and family man.” The letters also reveal his “anxieties” as chairman of the advisory committee and his understanding that the Concurrent Resolution was “a new front in the Indian Wars” and “about the worst thing for Indians to come down the pike.” Yet the Turtle Mountain Band “was the first to mount a fierce defense and prevail. They altered the trajectory of termination and challenged the juggernaut of the federal push to sever legal, sacred, and immutable promises made in nation-to-nation treaties.” (Emphasis added.)

“In all, 113 tribal nations suffered the disaster of termination; 1.4 million areas of tribal land was lost. Wealth flowed to private corporations, while many people in terminated tribes died early, in poverty. Not one tribe profited. By the end, 78 tribal nations, including the Menominee. . . regained federal recognition; 10 gained state but not federal recognition; 31 tribes are landless; 24 are considered extinct.” Senator Arthur V. Watkins was indeed a pompous racist.” Erdrich also refers to Ada Deer’s Making a Difference: My Fight for Native Rights and Social Justice (Univocal. Press 2019) as “great reading on this subject.”[4]

Although the Afterword says “the Turtle Mountain Band was the first to mount a fierce defense and prevail,” neither that Afterword nor the novel  itself says when and how the Band prevailed. After the last words of the novel’s last chapter, separated only by three dots, however, Erdrich as the author states, “The Turtle Mountain Band of Chippewa was not terminated.” But there were no specifics as to how or when it happened or the title or text of the bill or other measure that made it happen. This important fact, in my opinion, should have been included in the Afterword with more details. Even better, in my opinion, would have been a concluding chapter of the novel that discussed the victory and some kind of celebration by the Band.

“In 1970, Richard Nixon addressed Congress and called for an end to this policy. Five years later, a new era of self-determination for Native people began.”

Research About the Federal Effort To End Status of Indian Tribes[5]

I had not previously known about this congressional action and wanted to know more. Therefore, before reading the novel, I did some basic Internet research and came up with the following.

According to Wikipedia, “On 1 August 1953, the US Congress passed House Concurrent Resolution 108 which called for the immediate termination of the FlatheadKlamathMenomineePotawatomi, and Turtle Mountain Chippewa, as well as all tribes in the states of CaliforniaNew YorkFlorida, and Texas. Termination of a tribe meant the immediate withdrawal of all federal aid, services, and protection, as well as the end of reservations. Though termination legislation was introduced (Legislation 4. S. 2748, H.R. 7316. 83rd Congress), termination of Federal Supervision over Turtle Mountain Band of Chippewa Indians), was not implemented. In 1954, at the Congressional hearings for the Turtle Mountain Band of Chippewa Indians, tribal Chairman Patrick Gourneau and a delegation testified at a hearing that the tribe was not financially prepared, had high unemployment and poverty, suffered from low education levels, and termination would be devastating to the tribe. Based on their testimony, the Chippewa were dropped from the tribes to be terminated.” (Emphasis added.)

Wikipedia further states, This Resolution “declared it to be the sense of Congress that it should be policy of the United States to abolish federal supervision over American Indian tribes as soon as possible and to subject the Indians to the same laws, privileges, and responsibilities as other U.S. citizens. This includes an end to reservations and tribal sovereignty, integrating Native Americans into mainstream American society.”

Wikipedia also says, “The consequence of HCR-108 was the beginning of an era of termination policy, in which the federally recognized status of many Native American tribes was revoked, ending the government responsibility to tribe members and withdrawing legal protection to territory, culture, and religion.”

Finally, Wikipedia states, “HCR-108 was passed concurrently with Public Law 280, which granted state jurisdiction over civil and criminal offenses committed by or upon Native Americans in Indian Territory in the states of CaliforniaMinnesotaWisconsinOregon, and Nebraska, all of which have large Indigenous populations.” [6]

The New York Times, which is online searchable for 1953-54 (and earlier), revealed the following additional tidbits of information relevant to the novel: [7]

  • The “Bulova Watch Company and the Simpson Electric Company had jointly established a modern industrial plant at Rolla, N.D,.near the Turtle Mountain Reservation that successfully used the Indians’ “manual dexterity and adaptability” developed through beadwork to produce jewels for watches. However, Peru Farver, Superintendent of the Reservation, believes “every effort [should be] made to move as many Indians as possible toward the industrial centers, rather than attempt to bring industry to them.” Farver also “thinks too much money has been channeled into guardianship of these Indians who have a high percentage of white blood and . . . are well able to look out for themselves.” More help, he thought, should be provided to the estimated 250 older “full-blooded” Indians of the 4,500 members of the Turtle Mountain tribe. (Emphasis added.) (These statements by Farver, perhaps in a written report to the Congress, is not mentioned in the novel, but the reference to Indians with white blood suggests the basis for the questioning at the March 1, 1954 congressional hearing of the Turtle Mountain people about how much white blood they had, which is mentioned in the novel.)
  • In September 1953, at the direction of President Eisenhower, the Commissioner of Indian Affairs, Glenn L. Emmons, spent the following two months visiting 10 Indian tribes to obtain their views on the proposed termination and discovered that some bitterly opposed the proposal, some favored it and yet others were divided. (Presumably this included a visit to the Turtle Mountain Band, but there was no mention of this in the novel.)
  • On January 30, 1954, it was announced that joint sessions of the Senate and House Indian Affairs Subcommittees would  hold joint sessions during the last of February and the first half of March to consider 10 Administration bills to end federal administration  of roughly 66,000 Indians. The hearing about the bill concerning the Turtle Mountain Chippewas of North Dakota would be held on March 1. According to the Commissioner of Indian Affairs, Glenn L. Emmons, these bills “resulted from ‘a rising tide of sentiment that the Indians of the United States are entitled to exactly the same rights and privileges as the rest of us’ in general public opinion as well as in Congress.” Yet the Commissioner also said that it was “impossible to apply the same yardstick “ to all the tribes.
  • On March 25, 1954, the Association of American Indian Affairs warned that “ homeless poverty” was in store for thousands of American Indians if these bills were enacted. The bills “would destroy tribal governments and nullify rights assured by treaties” and are “ill-advised, untimely and off-target.” They are “no answer . . . to the poverty of the Turtle Mountain Chippewas of North Dakota.” (No mention of this was made in the novel.)
  • These charges were repeated at the Association’s annual meeting on May 5, 1954. Its president, Oliver LaFarge, said the tribes picked for “termination” included some of the most advanced and some of the most backward. “Even if the tribes concerned were ready for such deprivations, as most of them are not, the bills as drawn up are ill-conceived and objectionable. Commissioner Emmons, who was present, said that education, health and economic opportunity were his primary goals and was trying to persuade legislators “to set termination daters far enough in advance so the tribes would be ready to go on their own.” (No mention of this was made in the novel.)

Another source, “The History and Culture of the Turtle Mountain Band of Chippewa,” says the 1953 congressional decision to terminate the Turtle Mountain Band was based upon reports by  the BIA Superintendent [Peru Farver] that the Tribe members “have always been resourceful.” In 1954, however, “the Turtle Mountain Band raised funds locally to send a delegation to Washington. Tribal Chairperson Patrick Gourneau testified that the Turtle Mountain people were unprepared economically, still living in poverty, and that such a move [termination] would be devastating. Following the testimony of the Turtle Mountain group, the subcommittee decided that the Turtle Mountain Band was not economically self-sufficient, and was dropped from the list.” This decision recognized “that the Chippewa were still poverty-stricken, occupied an extremely limited land base, suffered from low education levels and high unemployment.”[8] (No mention of these reports by the Superintendent was made in the novel.)

The major congressional proponent of the termination of special status for the Indians was U.S. Senator (Rep., UT) Arthur Vivian Watkins (1888-1973). “He equated such action with the Emancipation Proclamation that freed slaves during the Civil War and asserted that it was backed by the following tenets: (1)To eliminate laws that treated Native Americans as different from other Americans; (2) To dismantle the BIA giving responsibility for their affairs to the tribes themselves, or if necessary transferring some of its duties to other federal and state agencies; (3) To end federal supervision of individual Indians; and (4) To cease federal guardianship responsibilities for Indian tribes and their resources.”

By the time Watkins lost his bid for re-election in 1958, these Indian policies he had pursued “ were proving to have disastrous effects on Native peoples. Tribes were cut off from services for education, health care, housing, sanitation and utility sources, and related resources. Termination directly caused decay within the tribe including poverty, alcoholism, high suicide rates, low educational achievement, disintegration of the family, poor housing, high dropout rates from school, disproportionate numbers in penal institutions, increased infant mortality, decreased life expectancy, and loss of identity. In addition, the era of conformity was moving into the Sixties and its calls for social change and a growing sensitivity to minority rights.”[9]

In 1960 President Dwight D. Eisenhower appointed Watkins to the Indians Claims Commission, becoming its chairman and subsequently its chief commissioner.

All of this research made me want to search for, and examine, the actual congressional materials from 1953-54 about the “termination” campaign, but such an effort is impossible now due to the “shelter in place” pandemic policies in the U.S.

The Novel’s Early References to the Termination Issue

My previously mentioned analysis of the novel started with the “chapter” that clearly focuses on the Concurrent Resolution (# 83 “Termination of Federal Contracts and Promises Made with Certain Tribes of Indians”) and then skimming prior chapters to see if they mentioned the Resolution in any way. I was surprised to discover that there were many such references, often cryptic, usually involving the Night Watchman (Thomas) all the way back to the fourth “chapter”   (“The Watcher”). Here are those references:

“Chapter”

Number

“Chapter”

Title

Reference
      4 The Watcher !. Thomas wrote to North Dakota Republican Senator Milton R. Young and to newspaper columnist Bob Cory requesting meetings. https://en.wikipedia.org/wiki/Milton_Young

https://en.wikipedia.org/wiki/Milton_Young

2. At the Jewel Bearing Plant, Thomas read newsletters and other tribes’ newsletters about the passage of “a bill that indicated Congress was fed up with Indians. Again. No hint of strategy. Or panic, but that would come.”

     5 Three Men Moses Montrose (tribal judge) gives Thomas a copy of the bill “that was supposed to emancipate Indians,” but Moses said, “I read it all. They mean to drop us.” (Thomas had not yet seen the bill.).Eddy Mink asked Thomas if he knew about the emancipation. Thomas said yes, but it wasn’t emancipation. Eddy thought it was good idea because then he could sell his 20 acres. He did not care that he would not have a school, clinic, farm agent or government commodities. Thomas:, what about old people who want to keep their land?
     9 Juggie’s Boy Thomas told a Tribesman, “I’m fighting something out of Washington. I don’t know what. But it’s bad.”
    11    Pukkons Thomas tells Biboon (Thomas’ father) government has new plan to take away treaties for all Indians. Dad: Get together with other tribes to oppose.
    13    The Iron Thomas had been trying to understand the papers Moses gave him, to define the unbelievable intent couched in innocuous dry language. The intent was to unmake, unrecognize, erase Indians –all of us invisible and as if we never were here. When the government remembered the Indians, they always tried to solve Indians by getting rid of us. He had no word from the government. He read about it in Minot Daily News. He finally had confirmation that the Turtle Mountain Band was targeted by the U.S. Congress for emancipation. Freed from being Indians, from their land, the treaties that were promised to last forever. The tribal chairman job had turned into a struggle to remain a problem.
    16        A  Bill The Bill: “To provide for the termination of Federal supervision over the property of the Turtle Mountain Band . . in the states of North Dakota, South Dakota and Montana, and the individual members thereof; for assistance in the orderly relocation of such Indians in areas of greater economic opportunity.” Its author said it was about emancipation, freedom, equality, success. Real purpose was extermination. Another tribal chairman said the author of bill was Arthur V. Watkins, “the most powerful man in Congress” and a Mormon, who wants to change Indians to white.
     17    Who? Thomas thought Indians will be destroyed by “a collection of tedious words.”
     19   2d Who? Thomas: The termination bill. Watkins believed it was for the best. Open the gates of heaven. How could Indians hold themselves apart?
    23 The Old                    Muskrat Biboon (father) tells Thomas: Band got land by forming a delegation and submitting petition. Thomas to take idea to council. Others need to understand contributions of Indians. We are just getting started on our own feet. Have no money for hospitals. Advisory committee met. Thomas suggested petition with signatures and call it The Termination bill.
    26 Louis Pipestone Louis getting signatures on petition.
    30 The Average Woman & Empty Tank Louis getting signatures on petition. Thomas has Juggie preparing tribal newsletter.
    31 The Missionaries Two young Mormons ask Thomas & Noko if they wonder why Indians as ancient people are on this land. Do you want to read Book of Mormon? Thomas asks about Watkins and is told he wrote book about shepherd who learns he is part of secret society. “It was revealed to Joseph Smith that Indians are people of the house of Jacob & children of Lehi.” They gave him a book.
     32 The Beginning Thomas says we need Biboon for Washington fight.
     34 Wild Rooster Driving to Fargo for meeting with BIA to register opposition to Termination Bill.
     35 Arthur V. Watkins Born in 1886 when UT was still territory. Baptized by father (same name), who wrote to Joseph Smith, “We have filed on land on the reservation for us a home” when Ute people & reservation were relieved of 13.8 million acres of land guaranteed by executive orders of Presidents Lincoln & Arthur. Smith & early Mormons tried to murder all Indians in the way. The son was elected to state office & later U.S. Senate. In termination hearing,  he was said to “convey an air of rectitude that was almost terrifying” and “howled in his reedy voice.” He “decided to use the power of his office to finish what the prophet started. He didn’t have to get his hands bloody.”
      38 Metal Blinds 10/19/53 Fargo meeting with BIA officials . Thomas, 45 tribe members & their attorney, John Hail. Thomas: “We are here to discuss the purpose of Concurrent Resolution, which will terminate all federal recognition and support of the [BIA] Turtle Mountain Agency.” The BIA attorney John Cooper read each section of the law. “Disposition of federally owned property to such Indians may be discontinued as no longer necessary—cause such lands to be sold and deposit the proceeds of sale—trust relationship to the affairs of the Band and its members has terminated.” Indians attempting to understand white man reading from sheaf of papers. Thomas asked for comments from other Indians. BIA: it means no “more Indian service for the Turtle Mountains. You will now be equal with whites as far as the government is concerned.” Joyce: This is not equal. Our rights go down. Government is backing out of its agreement. You left us on land too small in size and most cannot be farmed. Government should give more land back, not kick us off the leftovers.” BIA: “you will be relocated to areas of equal opportunity.” Juggie Blue: “We don’t want to leave our homes. We are poor, but even poor people can love their land.. You do not need money to love your home.” Cooper re-read the bill. All 47 Indians voted against the bill. Thomas is told that Millie did research about the Band, maybe that would be useful.
      39    X =? Barnes, the white math teacher & boxing coach talks to Thomas about the Fargo meeting. Barnes thought the bill was good idea; to be regular Americans. Thomas: we cannot be regular Americans. Got right to vote in 1924. We pay taxes, but not on our land.
     41 The Star Powwow Thomas writes to Senator Milton Young & 2 congressmen. Setting up meeting with American Legion to be against bill.
     45 Hay Stack Thomas asks Barnes to set up boxing card to raise money for delegation to go to Washington. We will have a tribal scholar.
     48 Letter to U MN Thomas writes to Millie Cloud at UM for assistance against bill.
     49 The Chippewa Scholar Millie Cloud (the tribal scholar) reads Thomas’ letter at UM.
     53 Battler Royale Thomas worries about testifying in Congress. Reads Mormon books.
     56 The Promotion Thomas explains Bill to Patrice’s Mother.
     59 Good News, Bad News Good news: poor enough to keep & improve status quo; county & state do not want us; sheltered by roofs; we have schools, cure found for TB; we have this report.

Bad news: we are poor; they don’t like us; 97% of roofs by tar paper; many illiterate; many parents died & kids grew up in boarding schools; we have this report.

     64 Two Months Hearing in 2 months (March). Advisory Comm. had to prepare to save tribe. Thomas is scared.
     70 Runner Thomas about to get a county commissioner to write letter of objection. Not sufficient tax base on reservation to care for roads and schools.
    72 The Spirit Duplicator Millie’s report about conditions of tribe printed. To be sent to local & state officials, newspapers, radio announcers. Juggie says erroneous past count of Indians caused reduction of townships form 20 to 2. Mistaken census survey had convinced Congress that Turtle Mountain was prosperous.
     73 Prayer for 1954 Thomas writes to ND’s US Senators Milton R. Young and William “Wild Bill” Langer, the latter favoring termination.
     77 The Lamanites Thomas reads Book of Mormon. Studies text of bill. Writes to Joe Garry, president of National Congress of American Indians for more info on Watkins, who had refused to appropriate funds to relieve Navajo. Book of Mormon explained why he wanted Indians to disappear. Mormons believed they had been divinely gifted of all the land they wanted; Indians were not white and thus had no right to live on the land. Treaties meant nothing.
     79 The Committee Committee was Thomas, Juggie & Millie. Millie worried she could not testify. Moses and Louis don’t want to go. Louis got county & State officials to sign letter of support.
    81 The Journey Train to Mpls/Washington. Thomas read his testimony.
    83 Termination of Federal Contracts & Promises with Indian Tribes March 2-3, 1954 Joint Hearing, Subcommittees of US Congress. Senator Young: ND could not take over; government should fund job-training program on reservation. Thomas: Reservation could not sustain itself without support. Watkins: Indians did not want to farm & leased land to whites. Thomas, I farm. Relocation is ill timed with many difficulties. Watkins: You have to solve most of your problems. Government can’t legislate morality, character or fine virtues. Thomas: I farm & is guard at Plant. Thomas: women at Plant are paid 75 to 90 cents/hr; I take home $38.25/week.  Millie describes her report. Thomas went to Watkins office and thanked him.
     84 The Way Home Thomas recalls every Indian who testified was asked about their degree of Indian blood, and no one knew.[10] (For this reader, these questions were prompted by the previously mentioned prior year’s reports by the Reservation Superintendent that mentioned many of the Turtle Mountain Band had white blood and thus were ready for independence, but this was not mentioned by the novel.) Patrice: Watkins was supercilious with coin-purse mouth, full of sanctimony.
Untitled P.S. by Erdrich Turtle Mountain Band was not terminated.  (However, there was no citation to the name of the bill or other measure that did this or the date on which it happened or the debate (if any) and vote on the measure.)

Conclusion

I am glad that my initial frustrations with this novel did not cause me to abandon the book. The additional efforts at understanding the book and more importantly the congressional efforts to breach U.S. treaties with tribes were rewarded. I also must confess that the stories about the lives of the Indians should make the reader appreciate the courage and imitative of Thomas and the others who went to Washington, D.C. to testify before a congressional committee. I hope this post will encourage others to read the novel and learn about this lamentable facet of U.S. history.[11]

This post has focused on my learning about important aspects of U.S. Native American history after I had retired from practicing law in 2001. I also had learned about another aspect of Native American culture in 1978-79 when as the attorney for the Minneapolis School Board, I sought (unsuccessfully) to persuade the U.S. District Court in Minneapolis to modify its school desegregation order to allow the School Board to continue to allow Native American children to attend a new school close to their homes in the Southeast part of the city. That effort also involved the only appeal (also unsuccessful) by the School Board in the many years of that desegregation case to the U.S. Court of Appeals for the Eighth Circuit and then to the U.S. Supreme Court.[12]

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[1] Urrea, a Mexican-American, is a distinguished Professor of Creative Writing at the University of Illinois-Chicago and a writer of fiction and nonfiction. I have enjoyed his novels, Into the Beautiful North and The House of Broken Angels. He also is an entertaining speaker as evidenced by his lecture—”Universal Border: From Tijuana to the World”—at the 2013 San Miguel Writers’ Conference, which I attended. Another positive review of “The Night Watchman” appeared in the Wall Street Journal: Winkler, Louise Erdrich Retells the Story of Her Grandfather and the Chippewa, W.S.J. (Feb. 28, 2020).

[2] The Night Watchman, HarperCollins Publishers (2020); Reading Guide, The Night Watchman; Urrea, Fighting to Save Their Tribe From Termination, N.Y. Times Book Review (Mar. 29, 2020).

[3] Another Erdrich novel, LaRose, involves adults who were “traumatized from their compulsory time spent as students at Indian boarding schools, where students were stripped of their cultural history and forced to assimilate into Western traditions.”   (HaperColllins Publishers, La Rose (2016); LaRose (novel), Wikipedia;.Broida, ‘LaRose’ by Louise Erdrich: brilliant, subtle exploration of tragic histories, Philadelphia Inquirer (May 20, 2016). It also should be mentioned that there is a moving permanent exhibit, “Away from Home: American Indian Boarding School Stories” at Phoenix’s Heard Museum, which I have visited and highly recommend.

[4] Because of Erdrich’s reference to this book, I bought it and discovered that it said nothing about the Turtle Mountain Band’s struggle in 1953-54 against termination. Ada Deer, who was a member of the Menominee Tribe in Wisconsin, instead has a long discussion of that tribe’s struggle over termination. Subsequently in 1993-97 she was head of the U.S. Bureau of Indian Affairs.

[5] Turtle Mountain Band of Chippewa Indians, Wikipedia; Turtle Mountain Band of Chippewa IndiansTurtle Mountain Chippewa Heritage CenterHouse concurrent resolutions 108, Wikipedia; Arthur Vivian Watkins, Wikipedia. In order to flesh out this research would require at least examining the Congressional Record for the 83rd Congress ((1/3/53—1/3/55), which is impossible during the COVID-19 pandemic. I would appreciate suggestions on other potential sources on this specific topic.

[6] The resulting complex legal problem of determining jurisdiction (federal or Native American courts) was the subject of another Erdrich novel, The Round House, which was awarded the 2012 National Book Prize for fiction. It concerns the violent rape of a Native woman by a white man on the border of an Indian reservation in North Dakota in 1988. (See The Round House (novel), Wikipedia; ; Personal reflections on the U.S.-Dakota War of 1862, dwkcommentariese.com Dec. 10, 2012);  Jurisdictional Black Hole for Certain Violent Crimes by Non-Indian Men Against Indian Women on Indian Reservations, dwkcommentaries.com (Feb. 13, 2013).

[7] Forest to Factory Easy for Indians, N.Y. Times (Aug. 5, 1953); Congress To Get Ten Indian Bills, N.Y. Times (Jan. 31, 1954); Indian Bills Opposed, N.Y. Times (Mar. 26, 1954); Indian Trust Bill Put Under Attack, N.Y. Times (May 6, 1954).

[8] N.D. Dep’t Public Instruction, The History and Culture of the Turtle Mountain Band of Chippewa at 20-21 (1997).

[9] On August 5, 1954, Vice President Ricard Nixon appointed Senator Watkins to chair a bi-partisan committee to review and determine whether censure of Senator Joseph McCarthy was warranted. Its work led to the Senate’s voting, 67 to 22, to condemn McCarthy for (a) his refusal to appear before a Senate subcommittee to answer questions about his personal character and obstruction of its work and (b) his charging three members of a committee of “deliberate deception” and “fraud” and stating to the press that a Senate special session was a “lynch-party.” This blog has published many posts about the preceding Army-McCarty Hearings of 1954 and the role played by Joseph Welch, the attorney for the Army in those hearings. (See posts listed in the “U.S. History, 1918-2017” section of List of Posts to dwkcommentaries—Topical: United States( HISTORY).

[10] These questions about each Indian’s white-blood were undoubtedly prompted by the previously mentioned comments by Peru Farver, Superintendent of the Turtle Mountain Reservation, about “too much money having been channeled into guardianship of these Indians who have a high percentage of white blood and . . . are well able to look out for themselves.”

[11] Yet another horrible part of the history of U.S. treatment of Native Americans was the 1862 U.S.-Dakota War, Minnesota Governor Alexander Ramsey’s contemporaneous public demand that “The Sioux Indians of Minnesota must be exterminated or driven forever beyond the borders of the State;“ and the December 26, 1862, execution by hanging of 38 Dakota men in the town square of Mankato, Minnesota, which is still the largest mass execution on U.S. soil in U.S. history. (Emphasis added.)  (See posts listed in the “U.S. History, 1776-1917” section of List of Posts to dwkcommentaries—Topical: United States (HISTORY).

[12] See these posts to dwkcommentaries.com: Minneapolis Public School Desegregation/Integration Litigation, 1978-1983 (Sept. 9, 2012); The Impact of the Minneapolis Public Schools Desegregation/Integration Litigation on Native American Children (Sept. 11. 2012); Comment, Larry Leventhal’s Participation in Minneapolis Public Schools’ Desegregation Case (Jan. 19, 2017).