Court Permits Chauvin To Live Out-of-State on Bail 

On October 8, Hennepin County District Court Judge Peter Cahill, based upon in camera evidence supporting safety concerns about Defendant Derek Chauvin, amended the conditions of his release on bail allowing him to live outside the State of Minnesota.[1]The key provisions of this Order are the following:

  • “2. Defendant shall establish residency somewhere in the State of Minnesota or a contiguous state [Wisconsin, Iowa, South Dakota and North Dakota] as soon as possible and immediately report that address to the conditional release officer (CRO)assigned by the Minnesota Department of Corrections. The CRO may share that address internally as necessary within the Minnesota Department of Corrections, and shall also share that address with the Hennepin County Sheriff’s Office Court Security Division captain, prosecutors, and defense counsel. The CRO shall also share the address with the local police department and county sheriff’’ office having jurisdiction over Defendant’s residence address, with a copy of this Order and an instruction that the address be kept confidential. Anyone with knowledge of the Defendant’s residence address shall keep it confidential, except that information may be shared within agencies on a need-to-know basis.”
  • “5. Defendant shall obtain a mobile phone which is to be operational and on his person at all times. Defendant shall maintain cellular service at all times so that his CRO o other representatives of the Minnesota Department of corrections may contact him at any time. Defendant shall answer all calls from the Minnesota Department of Corrections.”
  • “6. Defendant shall sign four copies of a waiver of extradition and provide the signed original documents to the Office of the Minnesota Attorney General.”
  • “7. Defendant shall surrender any passports to his CRO as soon as possible.”
  • “8/ Any requests for warrants for conditional release violations shall be directed to the undersigned judge with copies to the prosecutors and defense counsel.”

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

[1]  Order Amending Conditions of Release, State v. Chauvin, Dist Ct. File 27-CR-20-12646 (Hennepin County District Court Oct.9, 2020);  Browning, City safety concern, judge lets Derek Chauvin live outside Minnesota pending his trial in killing of George Floyd, StarTribune (Oct. 9, 2020).

 

A Moving Biography of George Floyd

A moving short biography of George Floyd, based on intensive research, has been published by the Washington Post.[1] Here is a summary.

Floyd’s Ancestors

“Floyd’s great-great-grandfather, Hillery Thomas Stewart Sr., spent the first eight years of his life enslaved in North Carolina, where tobacco fields financed American dynasties — and perpetuated inequality — that endured from the 19th century until today.”

“Stewart was freed in the mid-1860s, the result of a bloody Civil War that led to the emancipation of nearly 4 million Black Americans who had toiled under a brutal system of chattel slavery.”

“Despite having no formal education — teaching enslaved people to read and write was deemed illegal by the North Carolina General Assembly in 1830 — Stewart acquired 500 acres of land by the time he reached his 20s. . . .[But] Stewart lost it all when White farmers seized the land, using legally questionable maneuvers that were common in the postwar South.” Floyd’s aunt, Angela Harrison, who has maintained certain family records, said, “The land was stolen from him. He was ‘targeted’ by White usurpers due to his relative wealth. ‘They used to call him the rich nigger.’”

“Floyd’s grandparents were North Carolina sharecroppers, working farms owned by White landowners in exchange for a portion of the crop. They too fell victim to state-sanctioned discrimination and wage theft, according to Harrelson and other family members. As they raised their 14 children — including Floyd’s mother, Larcenia — they were repeatedly forced out of the shacks they rented with their labor, and regularly cheated out of their pay.”

Although they were “unable to bequeath financial wealth to their descendants, . . .[they] passed down an ethic of hard work, a reverence for education and a deep familial bond borne out of shared perseverance. . . . Larcenia and her 12 surviving siblings all graduated from high school, a source of pride for their sharecropper parents who never attended.”

The grandparents also passed down an “unshakable fear of White exploitation, and a skepticism toward a system that had treated the family’s dark skin as a permission slip for oppression.”

Floyd’s Early Years in Houston

“Floyd was born in Fayetteville, N.C., in 1973, a time when Whites-only service at restaurants and segregated seating in movie theaters were fresh wounds.”

In 1977 his mother, a single mom, and her children moved to Houston, where they lived “in a predominantly Black Houston neighborhood where White flight, underinvestment and mass incarceration fostered a crucible of inequality.”

“In the crumbling Houston public housing complex where Floyd grew up — known as The Bricks’ — kids were accustomed to police jumping from cars to harass and detain them. His underfunded and underperforming public high school in the city’s historically Black Third Ward left him unprepared for college.”

According to his younger brother, their mother “used to always tell us that growing up in America [as a Black man], you already have two strikes. And you’re going to have to work three times as hard as everybody else, if you want to make it in this world.”

“Schools  remained deeply unequal as Floyd moved through predominantly Black classrooms in the 1980s and early 1990s. . . . By the time Floyd left high school in 1993, he wasn’t academically prepared to go to college.”

“But his athletic skills earned him a place at a two-year program in South Florida before he transferred closer to home — to Texas A&M University-Kingsville, a small, mostly Latino school known as a pipeline to the NFL. Big Floyd was always talking about going to the [NFL] league. . . . Floyd, a tight end, went to practice every day, but he wasn’t making the grades or completing the credits that would have allowed him to get on the field. . . . Floyd’s time in college ended with neither a degree nor a draft into professional sports. With his two planned routes out of Third Ward blocked, he moved back to Cuney Homes in 1997.”

Troubled Years in Houston

“It didn’t take much time before he was in trouble with the law.”

“Police . . . arrested him in August 1997 for delivering less than a gram of cocaine. A judge sentenced him to six months in jail. It was the first of at least nine arrests in Harris County over the course of a decade, mostly for low-level drug crimes or theft.”

In 2004 he also was convicted for selling less than a gram of cocaine, which now is under review because the arresting officer has been charged with regularly falsifying evidence in drug cases.

“The most serious charge that Floyd faced was in 2007, for aggravated robbery with a deadly weapon. Prosecutors said the then-33-year-old [Floyd] and four others forced their way into a private home and that Floyd had held a woman at gunpoint while others ransacked the place, looking for drugs and money. After a plea deal, Floyd would spend four years at a privately run prison nearly three hours northwest of Houston. There, he largely languished, without access to vocational training or substance abuse treatment. Once jovial and confident, Floyd left prison deflated, introspective and terrified at the prospect of being locked up again, according to family members and friends.”

“Throughout his lifetime, Floyd’s identity as a Black man exposed him to a gauntlet of injustices that derailed, diminished and ultimately destroyed him.” His life, in short, “underscores how systemic racism has calcified within many of America’s institutions, creating sharply disparate outcomes in housing, education, the economy, law enforcement and health care.”

.“Floyd spent a quarter of his adult life incarcerated, cycling through a criminal justice system that studies show unjustly targets Blacks. His longest stint was at a private prison in a predominantly White town where the jail housing mostly minority inmates generated a third of the town’s budget.”

“Floyd made many mistakes of his own doing. His choices landed him in jail on drug and robbery charges, while also leaving him without a college degree and with limited career prospects. He acknowledged many of his poor decisions and tried to warn others against making them too. But for him, each misstep further narrowed his opportunities.”

“In a video he posted on social media aimed at convincing young people in his neighborhood to put away their guns, he said, ‘I got my shortcomings and my flaws. I ain’t better than nobody else.’”

“When Floyd stumbled, he fell far, ultimately battling drugs, hypertension, claustrophobia and depression.”

Floyd’s Move to Minneapolis

In 2017, at the urging of a Houston pastor, Floyd left Houston to move to Minneapolis in an attempt to leave his troubles behind him. “After arriving in Minneapolis, he enrolled in a rehabilitation program, began training to become a commercial truck driver and took up jobs working security at the Salvation Army and a Latin nightclub.”

“Floyd kept a list of goals in his house to make sure he was living a meaningful life. ‘Staying clean,’ was one of them.”

In Spring 2020 he “contracted the coronavirus and lost his security job when the pandemic forced the nightclub to close. Over Memorial Day weekend he felt better, and on May 25th told a friend he was going to run out for cigarettes and promised to call later.

Instead he was killed.

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[1] Olorunnipa & Witte, George Floyd’s America: Born with two strikes, Wash. Post (Oct.8, 2020).

 

Chauvin Out of Prison on Bail 

On October 4, Chauvin posted a $1 million bond and was released from Minnesota state prison on charges of murder and manslaughter of George Floyd on May 25th in Minneapolis. The conditions of his release include “that he remain law abiding, that he not have any contact with Floyd’s family, that he not work in law enforcement or security, that he surrender any firearms and licenses to carry, that he remain in Minnesota under court supervision, and that he sign a waiver of extradition upon his release.”  His three co-defendants—Thomas Lane, J. Alexander Kueng and Tao Thou—already had  posted bond (in smaller amounts) and had been released from jail. [1]

As reported in a comment to the earlier post about Chauvin and his wife being charged with Minnesota tax crimes, on September 8, Chauvin appeared remotely from state prison at a hearing on the state tax evasion charges before Judge Sheridan Hawley, Washington County District Court, Stillwater, Minnesota.[2]

The Judge ordered that if Chauvin were to post bail and be released from state prison on his charges of murder and manslaughter of George Floyd, he would not be required to post monetary bail on the tax evasion charges, but he would have to comply with standard conditions, including attending all future court dates and remain law-abiding. The Judge also set the next hearing in this case for October 30.

Protestors[3]

That same night about 300 people marched peacefully from the site of Floyd’s killing (East 38th Street and Chicago Avenue) a few blocks north towards downtown and then back. At one point they stopped to chant, “No justice, no peace.”

Later, 34 people who had veered away from the earlier protest were arrested for unlawful assembly near the Fifth Precinct police headquarters at 3101 Nicollet Av. by officers from the state Department of Natural Resources and the State Patrol, the Minnesota Department of Public Safety disclosed Thursday morning.

These law enforcement officers had been activated out of an abundance of caution by Minnesota Governor Tim Walz at the request of Minneapolis Mayor Jacob Frey. But there were no large or violent protests.

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

[1]  Xiong, Chauvin posts $1 million bond and is released pending trial for murder in the killing of George Floyd, StarTribune (Oct. 7, 2020); Bailey, Former Minneapolis police officer Derek Chauvin released on bond as he faces trial in George Floyd’s death, Wash. Post (Oct. 4 , 2020); Bogel-Burroughs, Derek Chauvin, Ex-Officer Charged in George Floyd’s Death, Released on Bail, N.Y. Times (Oct. 4, 2020).

[2] Olson, Chauvin appears in court on tax evasion charges, StarTribune (Sept. 9, 2020): Comment: Chauvin Appears in State Court on Tax Evasion Charges (Oct. 4, 2020) to Chauvin and Wife Now Charged with Minnesota Tax Crimes, dwkcommentaries.com (July 22, 2020).

[3] Xiong, Derek Chauvin posts $1 million bond and is released pending trial for murder in the killing of George Floyd, StarTribune (Oct. 8, 2020); Simons, Dozens of protestors arrested during faceoff with law enforcement in Minneapolis, StarTribune (Oct. 8, 2020); Skiuzacek, Walz activates Minnesota National Guard to help keep peace in Twin Cities, 5 Eyewitness News (Oct. 7, 2020).

 

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).

Pope Francis’ Encyclical Letter “Fratelli Tutti” (Brothers All)

On October 3, in Assisi (Italy) at the tomb of Saint  Francis, Pope Francis released his lengthy (287 paragraphs) Encyclical Letter, “Fratelli Tutti” (Brothers All).”[1]

Here are this lay person’s overview of this important document and summary of the instantaneous reactions thereto from E.J. Dionne Jr., a Washington Post columnist on U.S. national politics and a Roman Catholic, and from other journalists.

Overview of the Letter

The title of the Encyclical– “Fratelli Tutti”—was used by Saint Francis to address “his brothers and sisters” and to propose “a way of life marked by the flavor of the Gospel.” The Letter’s guiding light is Saint Francis’ call “for a love that transcends the barriers of geography and distance, and declares blessed all those who love their brother ‘as much when he is far away from him as when he is with him.’”

The Letter has an introduction “Without Borders” before exploring the following eight chapters:

  • One: Dark Clouds Over a Closed World;
  • Two: A Stranger on the Road;
  • Three: Envisaging and Engendering an Open World;
  • Four: A Heart Open to the Whole World;
  • Five: A Better Kind of Politics;
  • Six: Dialogue and Friendship in Society;
  • Seven: Paths of Renewed Encounter; and
  • Eight: Religions at the Service of Fraternity in Our World.

The Letter concludes with the following two prayers:

A Prayer to the Creator:

  • “Lord, Father of our human family,
    you created all human beings equal in dignity:
    pour forth into our hearts a fraternal spirit
    and inspire in us a dream of renewed encounter,
    dialogue, justice and peace.
    Move us to create healthier societies
    and a more dignified world,
    a world without hunger, poverty, violence and war.”
  • “May our hearts be open
    to all the peoples and nations of the earth.
    May we recognize the goodness and beauty
    that you have sown in each of us,
    and thus forge bonds of unity, common projects,
    and shared dreams. Amen.”

An Ecumenical Christian Prayer:

  • “O God, Trinity of love,
    from the profound communion of your divine life,
    pour out upon us a torrent of fraternal love.
    Grant us the love reflected in the actions of Jesus,
    in his family of Nazareth,
    and in the early Christian community.”
  • “Grant that we Christians may live the Gospel,
    discovering Christ in each human being,
    recognizing him crucified
    in the sufferings of the abandoned
    and forgotten of our world,
    and risen in each brother or sister
    who makes a new start.”
  • “Come, Holy Spirit, show us your beauty,
    reflected in all the peoples of the earth,
    so that we may discover anew
    that all are important and all are necessary,
    different faces of the one humanity
    that God so loves. Amen.”

E.J. Dionne, Jr.’s Reactions [2]

E.J. Dionne Jr. published an intriguing column about this lengthy Papal Encyclical Letter, only one day after it was published.[2] Here is a summary of what Dionne had to say, which will probably spark this blogger’s comments after he carefully and prayerfully studies the Encyclical Letter.

According to Dionne, this Letter only a month before the U.S. presidential election criticizes many aspects of current politics that are found in the U.S. and other countries:

  • It criticizes persons who advocate “myopic, extremist, resentful and aggressive nationalism” and cast immigrants as “less worthy, less important, less human.”
  • It criticizes advocates of an ““every man for himself” worldview that “will rapidly degenerate into a free-for-all that would prove worse than any pandemic.”
  • “The marketplace, by itself, cannot resolve every problem, however much we are asked to believe this dogma of neoliberal faith. Whatever the challenge, this impoverished and repetitive school of thought always offers the same recipes … the magic theories of ‘spillover’ or ‘trickle’ — without using the name.”
  • It denounces those who speak of “empty individualism,” a “narrow and violent nationalism, xenophobia and contempt, and even the mistreatment of those who are different,” and “a cool, comfortable and globalized indifference.”
  • The Pope “cited his earlier condemnations of “a ‘throwaway’ world” that lacks respect for the “poor and disabled, ‘not yet useful’ — like the unborn — or ‘no longer needed’ — like the elderly.” And he denounced human trafficking as a “perversion that exceeds all limits when it subjugates women and then forces them to abort.”
  • The Pope had 12 references to capital punishment as “inadequate from a moral standpoint and no longer necessary from that of penal justice.”
  • The Pope criticized the world’s inability “to resolve problems that affect us all” like the COVID-19 pandemic and  “Anyone who thinks that the only lesson to be learned was the need to improve what we were already doing, or to refine existing systems and regulations, is denying reality.” Moreover, ““God willing, after all this, we will think no longer in terms of ‘them’ and ‘those’, but only ‘us’. … If only we might keep in mind all those elderly persons who died for lack of respirators, partly as a result of the dismantling, year after year, of healthcare systems.”
  • “Political life no longer has to do with healthy debates about long-term plans to improve people’s lives and to advance the common good, but only with slick marketing techniques primarily aimed at discrediting others. In this craven exchange of charges and counter-charges, debate degenerates into a permanent state of disagreement and confrontation.” This is “a strategy of ridicule, suspicion and relentless criticism.”

Other Reactions [3]

Chico Harlan, the Washington Post’s Rome Bureau Chief, and Stefano Pitrelli of that Bureau who covers Italy and the Vatican, lead with this statement, “Humankind, Pope Francis says, is in the midst of a worrying regression. People are intensely polarized. Their debates, absent real listening, seem to have devolved into a ‘permanent state of disagreement and confrontation.’ In some countries, leaders are using a ‘strategy of ridicule’ and relentless criticism, spreading despair as a way to ‘dominate and gain control.’”

Harlan and Pitrelli believe that the encyclical “amounts to a papal stand against tribalism, xenophobia, and the dangers of the social media age.” They also point out that this is only the third encyclical by Pope Francis. The first was “Lumen Fidei” (the Light of Faith) which was issued in 2013 soon after he became pope and was written mostly by Benedict XVI. The second, “Laudarto Si” (On Care for Our Common Home) in 2015 addressed responsibility for the environment, climate change and development.

The New York Times’ Rome Bureau Chief, Jason Horowitz, opened with Pope Francis’ criticism of the world’s response to the Covid-19 pandemic as “exposing our false securities” and “inability to work together.” This was accerbated by the forces of “myopic, extremist, resentful and aggressive nationalism.” The document also “calls for closeness to the marginalized, support for migrants, resistance of nationalist and tribal populism, and the abolition of the death penalty.” Hindering “the development of universal fraternity” were economic inequality, sexism and racism.

The Wall Street Journal’s article on the encyclical is by Francis X. Rocca, who is its Vatican correspondent based in Rome. He says the document offered the Pope’s “prescription for a host of ills plaguing societies around the world, including poverty, terrorism and racism, and “echoes some of the major themes of his social teaching, including the rights of migrants and the poor, with a special urgency inspired by Covid-19.” He also notes for non-Catholics that papal encyclicals are “one of the most authoritative genres of papal writing.”

Conclusion

As a Protestant (Presbyterian) Christian, I plan to give this Encyclical Letter careful and prayerful study and then offer my reactions to the Letter and to the comments by Dionne and  other journalists.

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[1] The Holy See, Encyclical Letter: FRATELLI TUTTI of the Holy Father Francis on the Fraternity and Social Friendship (Oct. 3, 2020).

[2] Dionne, The Pope’s unexpected election message, Wash. Post (Oct. 4, 2020).

[3] Harlan & Pitrelli, Pope Francis’s new encyclical is a papal warning about a world going bad, Wash. Post (Oct. 4, 2020); Horowitz, Pope Criticizes Lack of Unity in World’s Response to Coronovirus, N.Y. Times (Oct. 4, 2020); Rocca, Pope Francis Says Covid-19 Pandemic Shows Limits of Market Economics, W.S.J. (Oct. 4, 2020). See also Pepinster, How Pope Francis’s encyclical could shake up the US election, Guardian (Oct. 6, 2020).

 

 

 

Click to access papa-francesco_20150524_enciclica-laudato-si_en.pdf

 

 

 

 

 

 

 

 

 

 

Additional Developments in George Floyd Criminal Cases

Developments in the four criminal cases over the killing of George Floyd through September 18, have been discussed or cited in a previous post.[1] Here are the further developments in the cases over the last two weeks.

Change Venue To Protect Defendants’ Safety [2]

The most significant development has been J. Alexander Kueng’s attorney’s October 1st argument that the case should be moved from Hennepin County to another county in order to protect the defendants’ safety. The following was the asserted factual basis for this supplemental argument:

  • For the September 11th hearing, “no recognizable plan was in place in advance of the hearing to assure the safe and orderly entry of CoDefendants or Co-Counsel into the courthouse.”
  • “ Chauvin, who is in custody, was subjected to a degree of humiliation by being paraded in public dressed in jail cloths and body armor.”
  • “Attorneys and Defendants were harassed upon arrival and departure from the courthouse.”
  • Attorneys “ Paule and Mr. Thao were followed for several blocks by jeering protestors when departing. . . .[Attorneys] Gray, Plunkett, and their respective clients were harassed. Gray and Lane were physically assaulted.”
  • “A privately owned vehicle sustained nearly $2,000.00 worth of damage from the violent rioters.”
  • “A rioter also used video from the event to dox [slang: publishing the private personal information of another person] one of the parties.”
  • https://en.wikipedia.org/wiki/Doxing
  • “Before leaving the courthouse, counsel conferred with court security to get advice on how they should safely leave the area. Court security suggested they wait until after The Floyd family and their attorney had addressed the crowd. This advice did not make sense, and, if followed, caused greater concern for attorney and client safety. Counsel rightfully believed that these speeches would incite the crowd making their departure far more risky and tempt rioters to storm the courthouse.”

Under Minnesota Rules of Criminal Procedure, the defense attorney argued, “a change of venue may be granted in the interests of justice,” and under cited Minnesota Supreme Court cases, “Where there is reason to believe that it will be impossible to obtain a fair and impartial trial in the county selected because of local prejudices, feelings, and opinions, the ends of justice require that a change of venue be granted.”

If the trial were held in Hennepin County, said the defense attorney, “the jury will be influenced by the screaming and yelling of the crowds that could be heard from the first floor during the motions hearing. . . . Witnesses will be intimidated as they have to walk the gauntlet before they testify. Defense witnesses will be reluctant to testify if providing exculpatory evidence will subject them to rioting, assaults and dox attacks.”

“The defendants have to reasonably question whether the chants and crowds will impact the decisions of the judge and jury in their case as the people that will decide their case pass through the rioters during weeks of trial.”

“The defendants and their lawyers cannot safely enter and exit the courthouse. Parties were physically assaulted after a simple motions hearing. During trial, tensions are going to be even higher. The lawyers will be carrying notebooks, computers, law books and other materials to help defend their clients, which will make it more difficult for them to avoid the angry crowds.”

“As demonstrated by the September 11th hearing, the Court simply cannot control the rioters and protesters who have taken to the streets of Minneapolis. This Court must grant a change of venue to a county where the defendants can obtain a fair trial free from the riots and crowds that will occur if he is tried in Hennepin County.”

Presumably the other three defendants will support this argument and the State will attempt to counter it, presumably be identifying security measures that will be imposed.

Prior Acts of Chauvin, Kueng and Thao [3]

Another significant development was the State’s notice of intent to offer evidence of eight other instances of Chauvin’s alleged use of force to prove his intent, knowledge;  common scheme or plan and modus operandi; one instance of Kueng’s use of force to prove knowledge and intent; and nine instance of Thao’s conduct to prove expediency, dishonesty and refusal to respond to training.

The State also said it intends prior to trial to file a separate memorandum in support of the admission of this evidence and that it “may offer evidence of other acts, instances of specific conduct, and prior convictions” of the defendants.”

The defendants have not yet responded to this notice, except in their additional arguments against joinder of the cases for trial, as discussed below.

Additional Arguments Against Joinder of Cases for Trial [4]

As previously discussed, the court at the September 11 hearing heard arguments for and against the State’s motion to join all four cases for one trial. Now two of the defendants have submitted additional opposing briefs.

Chauvin’s attorney argued that the State’s intent to offer evidence of eight prior acts of Chauvin and of prior acts of two of the other defendants (Kueng and Thao) demonstrates that “a majority of the evidence will not be admissible against all defendants” and, therefore, contradicting the State’s argument for joinder. In addition, Chauvin would be prejudiced by the other defendants attempts to blame Chauvin.

Kueng’s attorney argues that the State’s intent to use evidence of prior bad acts by Chauvin and Thao would prejudice Kueng because such evidence could be used against Kueng and he could use the evidence in a manner in which the State would be prohibited.

Thomas Lane Case  [5]

Lane’s attorney noticed his intent to offer evidence of Lane’s good character in a January 2020 encounter with a homeless Black individual in a wheelchair.

Alexander Kueng Case [6]

In addition to his previously mentioned additional argument for change of venue, Kueng has filed an appeal to the Minnesota Court of Appeals from the district court’s denial of his request for public funding of fees for services other than counsel.

 Press Articles about Defendants [7]

There also have been press articles about the defendants.

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

[1] See Developments in George Floyd Criminal Cases, dwkcommentaries.com (Sept. 19, 2020).

[2] Supplemental Memorandum Notice of Motion and Motion To Change Venue, State v. Kueng, Court File No.: 27-CR-20-12933 (Hennepin County Dist. Ct. Oct. 1, 2020); Olson, Crowd swarms former Minneapolis police officers with shouts of ‘Murderer!’, StarTribune (Sept. 11, 2020); Forliti, Lawyer: Unruly crowd warrants venue change in Floyd case, StarTribune (Oct. 1, 2020); Xiong, Protesters assaulted former officer charged in George Floyd’s killing and defense attorney, court filing alleges, StarTribune (Oct. 2, 2020). 

[3] State’s Amended Notice of Intent To Offer Other Evidence, State v. Chauvin, Court File No. 27-CR-20-12646 (Hennepin County Dist. Ct. Sept. 25, 2020).

[4] Defendant’s [Kueng’s] Memorandum—Effect of the State’s Spreigl Notice of Joinder, State v. Kueng, Court File No.: 27-CR-20-12953 (Hennepin County District Court Sept.25, 2020); [Chauvin’s} Memorandum of Law Regarding the Effect of the State’s Spreigl Notice of Its Joinder Motion, State v. Chauvin, Court File No.: 27-CR-20-12646 (Hennepin County District Court Sept.25, 2020).

[5] Defendant Thomas Lane Notice of Intent To Offer Character Evidence, State v.Lane, Court File No.: 27-CR-20-12951 (Hennepin County District Court Sept. 30, 2020).

[6] Appellate Notice of Case Filing, State v. Kueng, Court File No.: 27-CR-20-12953 (Hennepin County District Court Sept. 22, 2020 27-CR-20-12953 (Hennepin County District Court Sept. 22, 2020); Appellate Notice of Court Filing, State V. Kueng, File #27-CR-20-12953 (Minn. Ct. App. Sept. 22, 2020); Request for Trial Court Record-Appellate Court, State v. Kueng, File A20-1225 (Minn. Ct. App. (Sept. 24, 2020); Appellate Exhibit List, State v. Kueg, Court File No.: 27-CR-20-12953 (Hennepin County District Court Sept.25, 2020).

[7] Chanen, Trouble signs showed up early in the career of fired Minneapolis police officer Tou Thau. StarTribune (Sept. 26, 2020); Xiong, [Kueng’s] Former officer’s failure to stop the deadly restraint of George Floyd leaves friends perplexed, StarTribune, StarTribune (Sept. 13, 2020).

Secretary Pompeo Foments Conflict with the Holy See

On September 30, U.S. Secretary of State Michael Pompeo was at the Holy See for its Symposium on Advancing and Defending Religious Freedom through Diplomacy. There he delivered a speech entitled “Moral Witness and Religious Freedom” that provided great details about China’s abuses of religious freedom and called upon the Vatican (Pope Francis) to take action against the Chinese abuses. He thereby fomented conflict with the Holy See.

Pompeo’s Recent Speech [1]

Most of the first part of this speech appropriately concentrated on the 75th anniversary of the end of World War II in Europe and the courageous resistance to the Nazi’s persecution of its Jewish citizens by Roman Catholic Father Bernhard Lichtenberg in  Berlin by his helping Jews with finances, advice and emigration assistance and by publicly  criticizing the Nazi regime after Kristallnacht.

“That life or death struggle [against the Nazis] was a crucible, a proving ground of moral witness.  Individual stories of valor were legion.  But I remember especially Father Bernhard Lichtenberg. . . .[He] was a priest in Berlin in the 1930s, who fervently resisted the Nazi regime, and helped Jews with finances, advice, emigration assistance as the Nazi fist tightened. In 1938, in the aftermath of Kristallnacht, he began to speak up more loudly on their behalf, proclaiming at St. Hedwig’s Cathedral in Berlin, ‘Outside ‘the synagogue is burning, and that too, is a house of God.’ From then on, he fearlessly prayed each day publicly for the Jews and other victims of Nazi brutality.”

“Eventually, the Nazis arrested him in 1941. Rejecting a deal to go free in exchange [for] stopping his subversive peaching, he was given a two-year prison sentence.  When asked if he had anything to add when the sentence was read, he said, ‘I submit that no harm results to the state by citizens who pray for the Jews.’ Towards the end of his sentence, the Nazis realized they could never break his spirit.  They ordered him sent to Dachau concentration camp, but he died on the way before he reached that grim destination. Father Lichtenberg bore an incredible moral witness, and in 2004 he was honored by the State of Israel as one of the Righteous Among the Nations, a non-Jew who risked his life to save Jews from Nazis.”

“Today, as we think about that man, I urge all faith leaders to exhibit a similarly moral, bold witness for the sake of religious freedom, for human dignity, and for peace.(Emphasis added.)

Secretary Pompeo then shifted his remarks to say “the mission of defending human dignity – and religious freedom in particular – remains at the core of American foreign policy. That’s because it’s at the heart of the American experiment.  Our founders regarded religious freedom as an absolutely essential right of mankind and central to our founding.”

“Indeed, I would say it’s an integral part to what Pope John Paul II described as the ‘universal longing for freedom’ at the United Nations when he spoke in 1995.  Billions of people today . . . have always seeked to worship according to their conscience.”

But sadly, authoritarian regimes, terrorists, and even secularists, free societies are – in their different ways – trampling religious freedom all around the world. Vast swathes of humanity live in countries where religious freedom is restricted, from places like . . . Cuba, and beyond.” (Emphasis added.) Later in the speech he reiterated this contention: “Christian leaders have an obligation to speak up for their brothers and sisters in Iraq, in North Korea, and in Cuba.” (Emphasis added.)[2]

Then he went into his excoriation of China.

“Nowhere, however – nowhere is religious freedom under assault more than it is inside of China today. That’s because, as with all communist regimes, the Chinese Communist Party deems itself the ultimate moral authority. An increasingly repressive CCP, frightened by its own lack of democratic legitimacy, works day and night to snuff out the lamp of freedom, especially religious freedom, on a horrifying scale.”

The Uyghur Muslims of Xinjiang are “not the only victims.  The Chinese Communist Party has battered every religious community in China: Protestant house churches, Tibetan Buddhists, Falun Gong devotees, and more.”

“Nor, of course, have Catholics been spared this wave of repression: Catholic churches and shrines have been desecrated and destroyed. Catholic bishops like Augustine Cui Tai have been imprisoned, as have priests in Italy. And Catholic lay leaders in the human rights movement, not least in Hong Kong, have been arrested. Authorities order residents to replace pictures of Jesus with those of Chairman Mao and those of General Secretary Xi Jinping.”

“All of these believers are the heirs of those Pope John Paul celebrated in his speech to the UN, those who had ‘taken the risk of freedom, asking to be given a place in social, political, and economic life which is commensurate with their dignity as free human beings.’”

“We must support those demanding freedoms in our time, like Father Lichtenberg did.”

For the Church, “Earthly considerations shouldn’t discourage principled stances based on eternal truths.  And as history shows, Catholics have often deployed their principles in glorious, glorious service of human dignity.” These include Jacques Maritain,  the bishops of Poland and West Germany in the 1960s,  the bishops of Poland and West Germany, Pope John Paul II, who was unafraid, and Pope Emeritus Benedict. “And just like Pope Benedict, Pope Francis has spoken eloquently about the ‘human ecology’ essential to decent societies.” (Emphasis added.)

“Pope Francis has exhorted the Church to be ‘permanently in a state of mission.’  It’s a hope that resonates with this evangelical Protestant who believes, as the Holy Father does, that those of us given the gift of Christian faith have an obligation to do our best to bless others.” (Emphasis added.)

To be a Church ‘permanently in a state of mission’ has many meanings.  Surely, one of them is to be a Church permanently in defense of basic human rights. A Church permanently in opposition to tyrannical regimes. A Church permanently engaged in support of those who wish to take ‘the risk of freedom’ of which Pope John Paul II spoke, especially, most especially where religious freedom is denied, or limited, or even crushed.” (Emphasis added.)

“As Christians, we all know we live in a fallen world.  That means that those who have responsibility for the common good must sometimes deal with wicked men and indeed with wicked regimes.  But in doing so – in doing so, statesmen representing democracies must never lose sight of the moral truths and human dignity that make democracy itself possible.” (Emphasis added.)

So also should religious leaders.  Religious leaders should understand that being salt and light must often mean exercising a bold moral witness. And this call to witness extends to all faiths, not just to Christians and Catholics.  It’s for leaders of all faiths at – indeed, at every level.” (Emphasis added.)

I call on every faith leader to find the courage to confront religious persecution against their own communities, as well as Father Lichtenberg did against members of other faiths as well.” (Emphasis added.)

“Every man and woman of faith is called to exercise a moral witness against the persecution of believers.  Indeed – we’re here today to talk about religious freedom – the very future of religious freedom depends upon these acts of moral witness.”

Pope John Paul II bore witness to his flock’s suffering, and he challenged tyranny.  By doing so, he demonstrated how the Holy See can move our world in a more humane direction, like almost no other institution.” (Emphasis added.)

May the Church, and all those who know that we are ultimately accountable to God, be so bold in our time.  May we all be so bold in our time.” (Emphasis added.)

Pompeo’s Preceding Comments [3]

Just twelve days before his recent trip to the Holy See, Pompeo published an article in First Things, “a conservative Christian magazine that has called [Pope} Francis a failure as Pope.” https://www.firstthings.com/about

Entitled “China’s Catholics and the Church’s Moral Leadership,” Pompeo’s article vigorously attacked the 2018 agreement between the Holy See and China that recognized the validity of Chinese appointment of some of the Catholic bishops in the country and the current Holy See-China negotiations about renewal of that agreement. (Emphasis added.)

The next day, Pompeo issued the following tweet: “Two years ago, the Holy See reached an agreement with the Chinese Communist Party, hoping to help China’s Catholics. Yet the CCP’s abuse of the faithful has only gotten worse. The Vatican endangers its moral authority, should it renew the deal.” (Emphasis added.)

Reactions to Pompeo’s Comments and Speech [4]

These Pompeo words were seen by an “indignant Vatican . . . as a calculated affront.” As a result, the Vatican denied Pompeo a requested meeting with Pope Francis. Cardinal Pietro Parolin, who, as secretary of state, is the Vatican’s second-ranking official, told reporters that the Pope had not granted the meeting because Francis had “clearly said that he does not receive political figures ahead of the elections.”

Moreover, Pompeo’s subsequent speech at the Holy See can be seen as an indirect challenge to Pope Francis by Pompeo’s talking about the Chinese abuses at great length and the courage of previous popes and Father Lichtenberg, by calling on “every faith leader to find the courage to confront religious persecution against their own communities,” by his using Pope Francis’ own challenge to the Church to be “permanently in a state of mission” as a way to say Francis is not doing that and by Pompeo’s saying, “May the Church, and all those who know that we are ultimately accountable to God, be so bold in our time.”  

In addition,  Pompeo met with “prelates and others who are hostile to Pope Francis.” As a result of these developments, many observers believe “Pompeo’s [recent] visit is as much about the coming [U.S.] presidential election as about China policy. Mr. Pompeo dismissed that suggestion as absurd, but intended or not, his trip signals that President Trump is on the side of those conservative American Catholics who worry about the church’s direction under Francis and think he is soft on China.”

The New York Times also reports that the event at the Vatican where Pompeo gave his speech on September 30 was organized by Callista Gingrich, the U.S. ambassador to the Vatican, and who received warm words from Pompeo at the start of his speech while she sat in the front row with her husband Newt Gingrich, the Republican former Speaker of the U.S. House of Representatives.”

“Mr. Gingrich said that Mr. Pompeo’s piece in First Things has stirred support and ‘probably’ motivated Catholic voters who read it to vote for President Trump. ‘The reaction to his op-ed the other day was very strong.’ Mr. Gingrich, who converted to Catholicism after his third marriage [to Calista] is a co-chair of Catholics for Trump [that] has attacked Mr. Biden over his ties to China and . . . supports Carlo Maria Viganò, the former Vatican ambassador to Washington, who has accused the pope of shielding child abusers and demanded that he step down.”

As he went to the podium for his Vatican speech, Pompeo “gave a pat on the shoulder to Cardinal Raymond Burke, a U.S. leader of the conservative opposition to Francis within the church hierarchy. Burke, who ruled out giving communion to John Kerry during the 2004 presidential campaign, said he believed American voters ‘more and more so’ cared about the issues Mr. Pompeo raised. And when it came to China, he said ‘I know I do.’” (https://en.wikipedia.org/wiki/Raymond_Leo_Burke)

“Thomas Williams, the Breitbart bureau chief in Rome and a consistent critic of Francis who attended the event, argued that there was a clear electoral angle to the nominally diplomatic trip. He said that while he believed Mr. Pompeo genuinely hoped to change the Vatican’s stance on China, any political benefit back home was ‘a welcome and I’m sure sought after side effect.’”

Massimo Faggioli, a professor of theology and religious studies at Villanova University [and a supporter] of Francis, said these Pompeo actions are “an appeal to an electorate that is bigger than the Catholic vote, it’s also the evangelical vote. Being anti-pope helps with these Catholics but also evangelicals.”

“Alberto Melloni, the director of the Foundation for Religious Sciences John XXIII in Bologna, Italy, called Mr. Pompeo’s moves ‘a divisive operation targeted to the American electorate, not to the Holy See.’” Afterwards Pompeo, rejecting the suggestion that his speech was an attack on Pope Francis, said at a press conference, “I wrote that piece to honor the moral authority of the Catholic Church and its capacity to influence and make things better for people all across the world. They have historically stood with oppressed peoples all around the world. The piece was written and our policy has been all along to bring every actor who can benefit the people of China from — to take away the horrors of the authoritarian regime the Chinese Communist Party is inflicting on these people. That was our mission set, and it will remain our mission set. It’s been so long before the election; it will remain so after the election.”

This response was endorsed in a Wall Street Journal editorial with these words: “It is a welcome message from a U.S. Secretary of State, and the Vatican would do well to at least hear him out as it enters its latest negotiations with Beijing.”

All of this leaves this non-Catholic blogger from Minnesota bewildered. However, there should be more diplomatic ways to discuss and negotiate differences with the Holy See.

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

[1] State Dep’t, Michael Pompeo Speech, Moral Witness and Religious Freedom (Sept. 30, 2020).

[2] In his 2019 speech at the Holy See, Pompeo said, “Because when the state rules absolutely, God becomes an absolute threat to authority.  That’s why Cuba cancelled National Catholic Youth Day back in August [of 2019].”  This statement was erroneous and misleading as discussed in a prior post. (Secretary of State Pompeo Delivers Speech at the Holy See, dwkcommentaries.com (Oct. 4, 2019).)  https://dwkcommentaries.com/2019/10/04/secretary-of-state-pompeo-delivers-speech-at-the-holy-see

[3] Pompeo, China’s Catholics and the Church’s Moral Witness, First Things (Sept. 18, 2020), https://www.firstthings.com/web-exclusives/2020/09/chinas-catholics-and-the-churchs-moral-witness; Pompeo, Tweet (Sept. 19, 2020), https://twitter.com/secpompeo/status/1307366983890018311?s=21.

[4] Horowitz & Jakes, Rebuffed by Vatican, Pompeo Assails China and Aligns With Pope’s Critics, N.Y. Times (Sept. 30, 2020), https://www.nytimes.com/2020/09/30/world/europe/pompeo-pope-francis-china.html; Winfield, Pompeo urges Vatican to condemn human rights abuses in China, Wash. Post (Sept. 30, 2020), https://www.wsj.com/articles/pompeo-and-the-pope-11601507813?mod=searchresults&page=1&pos=2; Morelio, Harlan & Shih, Pompeo and Vatican officials face off over negotiations with China, Wash. Post (Sept. 30, 2020), https://www.wsj.com/articles/pompeo-and-the-pope-11601507813?mod=searchresults&page=1&pos=2; Winfield, Pompeo, Vatican talk China after tensions spill out publicly, Wash. Post (Oct. 1, 2020), https://www.washingtonpost.com/politics/pompeo-meets-with-vatican-after-us-china-tensions-spill-over/2020/10/01/1d9b1c16-03d4-11eb-b92e-029676f9ebec_story.html.

 

U.S. Reduces Refugee Admissions to 15,000 for Fiscal 2021

On September 30, 2020, the U.S. State Department announced that President Trump will be submitting to Congress a report that he has determined that the U.S. will reduce its refugee admissions for Fiscal 2021 (October 1, 2020—September 30, 2021) to 15,000. [1]

It must be understood that the individuals who will be admitted to the U.S. under this quota already have been vetted and determined by a U.N. agency to have met the international and U.S. legal definition of “refugee:” someone who “owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable, or owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.”[2]

The State Department attempted to reduce the adverse humanitarian consequences of this reduction by claiming, “The United States is committed to achieving the best humanitarian outcomes while advancing our foreign policy interests.  Given the dire situation of nearly 80 million displaced people around the world, the mission of American diplomacy is more important than ever.”

Other points of this attempt to reduce the adverse consequences of this decision are the following:

  • “In line with the U.S. National Security Strategy, we are working to assist refugees and other displaced people as close to their homes as possible until they can safely and voluntarily return to rebuild their lives, their communities, and their countries.  As part of our longstanding leadership in international humanitarian crisis response, the United States provided more than $9 billion in humanitarian assistance in Fiscal Year 2019 and nearly $70 billion in humanitarian assistance over the past decade.”
  • “The President’s proposal for refugee resettlement in Fiscal Year 2021 reflects the Administration’s continuing commitment to prioritize the safety and well-being of Americans, especially in light of the ongoing COVID-19 pandemic.  It accounts for the massive backlog in asylum cases – now more than 1.1 million individuals – by prioritizing those who are already in the country seeking humanitarian protection.  It also accounts for the arrival of refugees whose resettlement in the United States was delayed due to the COVID-19 pandemic.”
  • “Refugee resettlement is only one aspect of U.S. humanitarian-based immigration efforts.  Since 1980, America has welcomed almost 3.8 million refugees and asylees, and our country hosts hundreds of thousands more people under other humanitarian immigration categories.  This year’s proposed refugee resettlement program continues that legacy with specific allocations for people who have suffered or fear persecution on the basis of religion; for Iraqis whose assistance to the United States has put them in danger; for refugees from El Salvador, Guatemala, and Honduras; and for refugees from Hong Kong, Cuba, and Venezuela.” (Emphasis added.)

The State Department continued, The President’s proposal for refugee resettlement in Fiscal Year 2021 reflects the Administration’s continuing commitment to prioritize the safety and well-being of Americans, especially in light of the ongoing COVID-19 pandemic.  It accounts for the massive backlog in asylum cases – now more than 1.1 million individuals – by prioritizing those who are already in the country seeking humanitarian protection.  It also accounts for the arrival of refugees whose resettlement in the United States was delayed due to the COVID-19 pandemic.” (Emphasis added.)

According to the State Department, the U.S. anticipates receiving 285,000 asylum requests in the upcoming fiscal year. Such applications must meet the previously mentioned international and U.S. definition of “refugee.” However, the Department’s statement admits the U.S. has a  “massive backlog in asylum cases – now more than 1.1 million individuals.”

After criticisms of this decision emerged from various groups that are discussed below, Secretary of State Michael Pompeo from Rome tried to defend this decision. He said, “We continue to be the single greatest contributor to the relief of humanitarian crisis all around the world, and we will continue to do so. Certainly so long as President Donald Trump is in office, I can promise you this administration is deeply committed to that.”

Reactions [3]

This establishment of a 15,000 quota for refugees is a 3,000 reduction from last year’s quota of 18,000, which was the lowest since the introduction of the U.S. refugee program in 1980. In contrast, in Fiscal 2017, the last full year of the Obama Administration, the quota was 85,000 while the Trump Administration’s first two years (Fiscal 2018 and 2019) set the quotas at 53,000 and 30,000.

This further reduction is seen as another point of President Trump’s “anti-immigrant themes in the closing month of his re-election campaign.” It was done as the President was “unleashing a xenophobic tirade against one of the nation’s most prominent refugees, Representative Ilhan Oma, on Wednesday night at a rally in her home state of Minnesota.”

According to a Washington Post columnist, Catherine Rampell, this presidential decision “in one fell swoop, . . .managed  to betray his country’s humanitarian interests, its national security interests, its economic interests and even his own narrow political interests to boot. . . . The only constituency helped by Trump’s latest cruelty are the bigots and knee-jerk nationalists crafting his policies. For the rest of us, it represents an incalculable loss.”

As anticipated, refugee advocacy groups condemned this decision.

  • Krish O’Mara Vignarajah, CEO of Lutheran Immigration and Refugee Services, called the 15,000 cap an “abdication” of the nation’s humanitarian leadership role in the world. “This absurdly low number is based on nothing more than xenophobic political pandering, and it’s no surprise that this all-time low comes during an election year. We have shown as we have resettled thousands of refugees that there’s no evidence any of these arrivals have endangered Americans. Refugees come to this country after the most extreme vetting procedures, including medical-health checks.”
  • The Immigrant Law Center of Minnesota’s Executive Director, Veena Iyer, said, “Slashing refugee numbers and refusing admission to desperate people whose lives are in danger, especially those whose lives are in danger because of their service to U.S. soldiers and peacekeepers, is appalling. Instead of leading the world in protecting the persecuted, the actions of this administration are an abdication of leadership.”
  • Oxfam America’s Isra Chaker said, “This inexcusable new admissions ceiling is a mere fraction of the number of refugees the United States can and should resettle in a year. During the final year of the previous administration, the U.S. safely and successfully resettled an average of 15,000 refugees every two months.”

The same reaction came from faith-based groups.

  • Scott Arbeiter, president of World Relief, a global Christian aid agency, said Trump has reneged on his promise to protect persecuted Christians in the world. “Instead, we’ve seen the resettlement of refugees from countries known for persecution drop about 90% in some cases over the last four years. This is unconscionable.”
  • Rev. John L. McCullough, head of the Church World Service, which helps resettle refugees in the United States, “described the shrinking of refugee admissions as immoral and urged Congress to . . . recommend changes or seek to influence the decision through budgeting, but is largely powerless to alter the determination. . . .Our values as a nation and as people of faith demand that we take action when people’s lives are in danger.”
  • “The Council on American-Islamic Relations, the nation’s largest Muslim civil rights organization, denounced the chipping away of the refugee program as part of “the ongoing Trump administration effort to maintain systemic anti-Black racism and white supremacy.”
  • Isaiah, a Minnesota faith coalition stated, “We know that we are better off together and that all of us, no matter where we come from or how we pray, want our communities to thrive and our voices to be heard. Overcoming tremendous challenges, Somali Minnesotans bravely moved to Minnesota with their families and have helped make this state vibrant.”

Finally this Trump decision is impeached by recent praises of refugees for their contributions to the economy and culture of 29 states by their governors (both Democrat and Republican).

For example, Minnesota’s Governor Tim Walz’s letter to Secretary Pompeo stated, ““Minnesota has a strong moral tradition of welcoming those who seek refuge. Our state has always stepped forward to help those who are fleeing desperate situations and need a safe place to call home. Refugees strengthen our communities. Bringing new cultures and fresh perspectives, they contribute to the social fabric of our state. Opening businesses and supporting existing ones, they are critical to the success of our economy. Refugees are doctors and bus drivers. They are entrepreneurs and police officers. They are students and teachers. They are our neighbors.”

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

[1] State Dep’t, Transmission of the President’s Report to Congress on the Proposed Refugee Admissions for Fiscal Year 2021 (Sept. 30, 2020). 

[2] Convention Relating to the Status of Refugees, Art. 1 (A)(2),189 U.N.T.S. 150, entered into force April 22, 1954; Protocol Relating to the Status of Refugees, Art. I(2), 606 U.N.T.S. 267, entered into force Oct. 4,, 1967; Refugee Act of 1980, 8 U.S.C. sec. 1101(a)(42), Refugee and Asylum Law: The Modern Era, dwkcommentaries.com (July 9, 2010).

[3] U.S. Sets 18,000 Quota for New Refugee Admissions to U.S., dwkcommentareis.com (Nov. 4, 2019); Kanno-Youngs & Shear, Trump Virtually Cuts Off Refugees as He Unleashes a Tirade on Immigrants, N.Y. Times (Oct. 1, 2020); Rampell, Trump’s refugee ceiling is bad for everyone except bigots, Wash. Post (Oct. 1, 2020);  Watson & Lee, Faith Groups decry Trump’s plans for record low refugee cap, Wash. Post (Oct. 1, 2020); Miroff, Trump cuts off refugee cap to lowest level ever, depicts them on campaign trail as a threat and burden, Wash. Post (Oct. 1, 2020);Smith, Trump administration again seeks to slash refugee numbers, StarTribune (Oct. 1, 2020); Rights groups appalled as Trump cuts US refugee admissions to record low, Guardian (Oct. 1, 2020); U.S. State Governments Celebrate Refugees’ Accomplishments, dwkcommentaries.com (Feb. 2, 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).