Prayer and Meditation for Walter Mondale by Rev. Dr. Timothy Hart-Andersen

At the May 1, 2022 memorial service for Walter Mondale, Rev. Dr. Timothy Hart-Andersen, the Senior Pastor at Mondale’s Minneapolis church, Westminster Presbyterian, delivered the following prayer and Meditation.

Prayer

“Let us pray:”

 “Gracious God, we gather in this Easter season to give you thanks and   praise for the life and witness of Walter F. Mondale. In remembering him and his legacy of public service, help us recall the source of the values that guided him. You summon us to seek justice, to uphold the full humanity of all, to ensure equal access – and to do so with kindness and humility. Your servant Fritz embraced those gospel ideals.”

“As we face the mystery of death help us, we pray, to see the light of eternity, the light that now shines on Fritz, Joan, and Eleanor. With the power of a love that knows no bounds, hold them close, and comfort and encourage all who continue to struggle for the world you desire for the human community.”

 “ In your name we pray. Amen.”

 Meditation

“Fritz Mondale was born into a home steeped in biblical wisdom and solid, southern Minnesota common sense. Theodore, his Methodist-pastor father, would have trained for the ministry in the time when the social gospel was ascendant. The values of doing good and making the world a better place for all were taught in the Mondale household and in Sunday School by Fritz’s mother, Claribel, who also played the piano at church.”

“’I believe I attended more church services,’ Fritz once said, ‘Sang in more weddings and funerals, attended more Sunday Schools, than any public official in the history of southern Minnesota.’”

“His family drew from the well of Methodist teaching that linked passion, discipline, intellect, and concern for ‘the least of these.’ It was a potent combination of a heart aflame with rigorous commitment to serve the most vulnerable in society. That theological context formed young Fritz, and it would define his character all his life.”

“’My faith and my family have been my greatest blessings in my life,’ he said in a speech not long ago.  ‘I was taught that ours was a faith of decency and social justice, based on the great commandment to love your God and to love your neighbor as yourself.’”

“Like many of us in the Protestant world, Fritz did not wear religion on his sleeve. In fact, he was suspicious of anyone who did. His was a Beatitudes-based faith, drawing on the simple teaching of Jesus: ‘Blessed are those who are meek, for they shall inherit the earth. Blessed are those who are poor, for theirs is the kingdom of heaven. Blessed are those who make peace, for they will be called children of God.’”

“Fritz found the holy in what Wendell Berry calls ‘the peace of wild things,’ whether at their cabin in the St. Croix Valley or fishing up north. His work in protecting rivers was driven by home-grown Minnesota commitment to stewardship of the earth. ‘Wilderness is a spiritual necessity,’ Sigurd Olson said in words that Fritz lived, ‘A means of regaining serenity and equilibrium.’ An usher at church this morning told me how grateful he and his fishing buddies are for what Fritz did to protect the rivers of this land. He said he never got a chance to thank him in person. So, on his and his buddies’ behalf, Thank you, Fritz.”  (Olson, The Spiritual Aspects of Wilderness (1961))

“Every time Fritz referred to his upbringing – which he did regularly – it was his way of remembering what had shaped his life and formed the person he became.”

“The Mondales were faithful members of the church I serve, Westminster Presbyterian in Minneapolis. Joan’s father was a Presbyterian chaplain at Macalester College, which Fritz attended before the U of M. He met Joan on a blind date at Macalester. It was the start of their beautiful life together.”

“The nation saw and admired Fritz’ public service; I did, too, and as his pastor I also saw the husband and father who deeply loved his family. The loss of Eleanor tore open his heart, and Joan’s death took part of his life, as well. Millions of Americans suffer from Alzheimer’s, two-thirds of whom are women. As Joan declined, Fritz tenderly cared for her right to the end, rarely leaving her side.”

“Toward the end of his life, he said he looked forward to being with them both again. Fritz trusted in the power of God’s love in this life and the next. He was not concerned about the state of his soul.”

“Shortly after his 90th birthday party, held here at the University, I had lunch with him. As I sometimes do with older parishioners, I asked if he ever thought about the end of life. He glanced around the noisy place, leaned forward, and said quietly, ‘In the strict confidentiality of this room, I will tell you that I will be the first person to live forever. I’ve made the arrangements.’”

“I thanked him for letting me in on the secret.”

“’Actually,’ he said, ‘I understand it happens to everyone at some point. Do you think Carter will come?’”

“President Carter has sent words we will hear later, but he was able to be here for Joan’s memorial service in Westminster’s sanctuary and gave a moving tribute to her and to the life partnership she had with Fritz.”

“Walter Mondale may not have been concerned about the state of his soul, but he was concerned about the state of his nation, especially in recent years.”

“The rise of the religious Right as a powerful force in American politics was a source of considerable consternation to him. ‘Tell me what’s going on with these fundamentalist preachers,’ he would say to me – as if I knew.”

“Fritz understood neither the Christianity they espoused nor the politics they practiced. Both were utterly foreign to his way of living out a quiet faith through public policy aimed squarely at justice for those on the receiving end of the cruelties of history. His Christianity was kind and humble. It confounded him when fellow believers were neither.”

“Once when we were at a meal in a restaurant word got out in the kitchen that the vice-president was eating there.  The kitchen door opened and one-by-one the dishwashers and bussers, all of them immigrants, came out to shake his hand and thank him for his service to the nation. Fritz treated each one with respect and dignity.”

“On his office desk, Fritz had taped some lines from Psalm 15. The Hebrew poet provided the scriptural framing of the politics he practiced. As I read these words, contrast them with much of what passes for political leadership today (present company excepted):

Lord, who can be trusted with power, and who may act in your place? Those with a passion for justice, who speak the truth from their hearts; who have let go of selfish interests and grown beyond their own lives; who see the wretched as their family and the poor as their flesh and blood. They alone are impartial and worthy of the people’s trust. Their compassion lights up the whole earth, and their kindness endures forever.”

“Theodore and Claribel’s son, born 94 years ago, grew up and entered political life and served his beloved Minnesota and our nation for decades, never wandering far from his roots.”

Thanks be to God for the life of Fritz Mondale.

“Thanks be to God for love that cannot be taken from us.

 “Thanks be to God.

  “Amen.”

Background on Westminster Presbyterian Church[1]

Westminster was founded in Minneapolis in 1857 by eight people of Scotch, Irish, and Welsh heritage and moved to its current location at 12th Street and Nicollet Avenue in 1883 and its current Sanctuary at that location in 1897. Its latest expansion was in 2018, when a modern two-story  40,000 square-foot wing was added with church bells crafted in France. (Here are photographs of the church.)

With over 3,000 members today, Westminster is “an engaged, urban partner sharing good news with a world in need of God’s peace, love, and justice [as a] vibrant, open-minded congregation.” It “is a place where people of all ages and backgrounds deepen their faith and make a difference in the world.” It “offers ministries in adult, children, and youth education; music and the arts; and social justice, with a highly engaged congregation that welcomes and cares deeply for all people within and beyond its walls.”

Westminster is “an open and affirming congregation” that “because of our commitment to the love and justice of Jesus Christ, . . .fully welcomes persons of all sexual orientations and gender expressions and identities.” It “was involved in the movement to change the Presbyterian Church’s ordination standards to allow any church member to freely serve and be elected as a minster, elder, or deacon. Our church was a leader in the movement for marriage equality in the State of Minnesota and the Presbyterian Church (USA). Prior to the legalization of marriage equality, Westminster’s pastors celebrated the love and commitment of same-sex couples, and continue now to happily officiate at weddings recognized by the State of Minnesota.”

Westminster has “heightened awareness of the systemic and critical issues affecting our community, brought to greater attention in recent years, most especially in response to the murder of George Floyd. Through [adult education] we will learn about long-standing needs, and become more prepared to support all members of our community. In arriving at this theme, we are guided by the beliefs we share with congregations of the Presbyterian Church (USA), “God sends the Church to work for justice in the world: exercising its power for the common good…seeking dignity and freedom for all people” (Book of Order, W-5.0304). And with this theme we are reconnecting with Westminster’s hope for a just (Micah 6:8), loving (I Corinthians 16:14), joyful (Galatians 5:22), sustainable (Psalm 8), and peaceful (John 14:27) community.”

Since 1980 the church has sponsored the Westminster Town Hall Forum, which is broadcast on Minnesota Public Radio, to discuss “key issues of our day in an ethical perspective.” Speakers have included Archbishop Desmond Tutu, Elie Wiesel, Thomas Friedman, Cornel West, Kathleen Hall Jamieson, David McCullough, Marcus Borg, Marian Wright Edelman, Barbara Brown Taylor, David Brooks, Salman Rushdie, Gwen Ifill, and Bryan Stevenson.

Westminster’s Global Partners Ministry Team nurtures the church’s long-standing relationships with faith communities in Cameroon, Cuba, and Palestine (West Bank). The team plans opportunities for Westminster members to visit sister congregations and related Christian organizations in these communities to share friendship, prayer, worship, and community service. These global partnerships have resulted not only in treasured congregational relationships, but also in deepening of our shared faith.

Most recently Westminster with the assistance of the Minnesota Council of Churches has become a co-sponsor of an Afghan family.

Rev. Hart-Andersen is a member of the Downtown Interfaith Senior Clergy of Minneapolis along with religious leaders of faith traditions that include Judaism, Islam, Roman Catholicism, Protestantism and Humanism. One example of their work was the prompt condemnation of the Minneapolis killing of George Floyd.

Rev. Hart-Andersen has been Westminster’s Senior Pastor since 1999 and “is passionate about Westminster’s mission to be fully engaged in the life of the city and in transforming lives and systems in pursuit of the love and justice of Jesus Christ. ‘Westminster is a community thoroughly engaged in living faithfully in complex times. I am grateful that the church is willing to learn and change, to grow and take risks, all in an effort to fulfill the gospel mandate to ‘love God and neighbor.’”

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[1] Westminster Presbyterian Church, History; Westminster, What we believe; Westminster. Social Justice Forum; Westminster Town Hall Forum; Westminster Global Partners Ministry TeamMinneapolis Religious Leaders Condemn Killing of George Floyd, dwkcommentaries.com (June 8, 2020); Westminster, Rev. Timothy Hart-Andersen. This blogger is a Westminster member and non-ruling elder who has been involved in leading our Global Partners Ministry Team and has been on  mission trips to Cuba and Cameroon and is now involved in our co-sponsorship of an Afghan family. (See these posts about religion, Cuba and Cameroon.)

 

 

 

Witnessing

Witnessing is an important human activity and responsibility.

Sometimes witnessing is a planned activity, like attending or watching and listening to a concert, play, movie, sporting event or a church worship service and then reporting (orally or in writing) what happened to others. Witnessing sometimes, however, is not planned beforehand when you observe something happening in your presence and subsequently tell others what you had observed.

Witnessing by Darnella Frazier [1]

An important example of the latter type of witnessing was provided by Darnella Frazier, a 17-year-old high school student, in Minneapolis at the corner of Chicago Avenue and 38th Street on May 25, 2020.

By happenstance she and her nine-year-old cousin walked from their home to the nearby Cup Foods store on that corner to buy some snacks. When they arrived at the store they noticed in the street a Minneapolis police car where a black man (George Floyd) was pinned in pain on the pavement by three Minneapolis policemen. Frazier immediately got out her cell phone and started a video recording of this event and then held her camera steady for over the next ten minutes until the Black man apparently died. She then  posted this video recording on her FACEBOOK page, which immediately was seen by many people around the world.

The next day in an interview by the StarTribune Frazier said she started the video recording ”as soon as I heard  . .  [the Black man] trying to fight for his life. It was like a natural instinct, honestly. The world needed to see what I was seeing. Stuff like this happens in silence too many times.” She hoped that the video can in some way bring about “peace and equality. We are tired of [police] killing us.” It was obvious to her that the officer had “seen how weak [Floyd] was, and he still proceeded. . . . My video proves what really happened.”

Frazier amplified her remarks in March 2021 FACEBOOK postings. “George Floyd was already cuffed on the ground, a knee to the neck when [the] restraint already is absolutely unnecessary. The man was begging for his life and Chauvin did not care. He deserves to go down.” Moreover, I can’t go to sleep in silence, my mind will eat me alive.” Frazier also criticized the falsity of the Minneapolis Police Department’s initial public report of this incident that stated the following:

  • “On Monday evening, shortly after 8:00 pm, officers from the Minneapolis Police Department responded to the 3700 block of Chicago Avenue South on a report of a forgery in progress.  Officers were advised that the suspect was sitting on top of a blue car and appeared to be under the influence.”
  • “Two officers arrived and located the suspect, a male believed to be in his 40s, in his car.  He was ordered to step from his car.  After he got out, he physically resisted officers.”
  • Officers were able to get the suspect into handcuffs and noted he appeared to be suffering medical distress.”
  • “Officers called for an ambulance.  He was transported to Hennepin County Medical Center by ambulance where he died a short time later.”
  • “At no time were weapons of any type used by anyone involved in this incident.”
  • “The Minnesota Bureau of Criminal Apprehension has been called in to investigate this incident at the request of the Minneapolis Police Department.”
  • “No officers were injured in the incident.”
  • “Body worn cameras were on and activated during this incident.”

At Chauvin’s recently concluded criminal trial, Frazier was the fourth witness called by the prosecution and provided moving and emotional testimony about what she observed and did that day. “When I look at George Floyd I look at my dad, I look at my brothers, I look at my cousins, my uncles, because they are all Black. I have a Black father, I have Black brothers, I have Black friends. I look at that and how it could have been one of them. It’s been nights I’ve stayed up apologizing and apologizing to George Floyd for not doing more and not physically interacting and not saving his life. It’s not what I should have done. It’s what he [Chauvin] should have done.” She also testified that Chauvin had a “cold look—heartless. It didn’t seem like he cared.”

In cross examination, defense counsel Erik Nelson was trying to fabricate a scene with bystanders becoming increasingly hostile to the point of creating a potential threat to the officers. Frazier agreed that bystanders were getting louder and angrier, but she added that she didn’t think anyone was ever threatening Chauvin.

After the jury on April 20th rendered its verdict that Chauvin was guilty on all three counts, Frazier said on FACEBOOK, “I just cried so hard. This last hour my heart was beating so fast, I was so anxious, anxiety [busting] through the roof. But to know GUILTY ON ALL 3 CHARGES !!! THANK YOU GOD THANK YOU … George Floyd we did it!! Justice has been served.”

Courage Award for Darnella Frazier [2]

Praise for Frazier’s actions at the scene of the Floyd killing actually started in October 2020, when PEN America, which works to defend and celebrate free expression in the United States and worldwide through the advancement of literature and human rights, announced that it was granting its annual Benenson Courage Award to Frazier. The announcement stated the following:

  • “In May 2020, Frazier documented the death of George Floyd at the hands of Minneapolis police officers, one of whom—Derek Chauvin—pressed his knee against Floyd’s neck, well after Floyd lost consciousness. Frazier’s video quickly spread across social media and led to a wave of community outrage, a major investigation, and Chauvin’s arrest, as well as the dismissal of [him and] the three other officers. Floyd’s killing, along with the deaths of Breonna Taylor, Ahmaud Arbery, Tony McDade, Dion Johnson, and others, drove a wave of activism across the country crying out for racial and economic justice.”

This award was presented at a virtual ceremony on December 8, 2020, by Spike Lee, the famous Oscar-winning film director. He said, “I’m so proud of my sister. She documented the murder of George Floyd, our brother, King Floyd. And that footage reverberated around this God’s earth, and people took to the streets all over this earth. Not just the United States of America, and it wasn’t just Black people either. Everybody took to the streets. My sister, I commend you, and you deserve  . . . the PEN/Benenson Courage Award. The [important] word is courage!”

Ms. Frazier accepted the Award with these comments: “ I would like to say thank you for honoring me with this PEN/Benenson Courage Award. I never would imagine out of my whole 17 years of living that this will be me. It’s just a lot to take in, but I couldn’t say thank you enough for everything that’s been coming towards me. Thanks to Mr. Lee for presenting this, and I appreciate that. Thank you for the PEN/Benenson Courage Award.”

Then followed thank you’s for her courage from attendees, including Meryl Streep, Anita Hill and U.S. Senator Cory Booker.

Other Praises for Frazier [3]

Many others have praised Frazier for her courage and quick-thinking on May 25th.

Her recording this video was praised at a June 11, 2020, press conference by Minneapolis Police chief Medaria Arradondo, “I am thankful, absolutely, that this [police encounter] was captured in the manner it was. [In similar situations, he encouraged others,]“Record, Record, absolutely. Record, call . . . a friend. Yell out. Call 911. We need a supervisor on the scene. Absolutely, we need to know that. So the community [should[ play a vital role and did two weeks ago.”

Chauvin’s conviction brought immediate praise for Frazier. Minnesota Governor Tim Walz said, Frazier’s taking “that video, I think many folks know, is maybe the only reason that Derek Chauvin will go to prison.” The NAACP in North Carolina, the state where Floyd was born. stated “The video shot by a high school student will go down in history. Not even many of Chauvin’s police colleagues, could argue against Ms. Frazier’s film.” Oprah Winfrey tweeted, “I’m grateful to the witnesses and their testimonies. Grateful to Darnella Frazier. Grateful to every juror for seeing and acknowledging what the world saw on that tape. Thank you God for real!”

Michelle Norris, a Washington Post columnist and a Minnesota native and graduate of the University of Minnesota, states Frazier “was the witness George Floyd needed on May 25, 2020. She was the witness we all needed—the public, the police, a country still grappling with racial codes that are stitched into the fabric of our governing institutions. She is the hero of this story.”

Norris continued, “Her bravery is a reminder that we too must not look away, and not just in the most wicked moments of bias but also in the small things that grease the runway toward larger prejudice. We must not look away when we see the softer kind of oppression that masks itself in offhand comments, and jokes, and the denigration and dismissal of ‘those people.’”

“And when I say ‘we,’ I am also talking about our public servants and especially our law enforcement officers who know too well that there are those in their ranks who ‘police’ from a dark and dangerous perspective. They know that some officers are guided by prejudice and proceed from warped beliefs. Those officers debase the entire profession.”

Conclusion

 Seven other bystanders to the killing of George Floyd testified in the Chauvin trial, including Judeah Reynolds, who is Frazier’s nine-year-old cousin. As Prosecutor Jerry Blackwell said in his closing argument, all of these bystander witnesses “were a bouquet  of humanity.”[4]

All of the bystanders testimony was  applauded by two prominent journalists. For Frank Bruni, the New York times columnist, these witnesses are “tormented by their memories of Floyd’s last minutes” and Floyd’s and their sense of “helplessness” of not being able to stop what was being done to Floyd. The Chicago Tribune’s columnist, Heidi Stevens, called these bystanders “stone catchers” or people who stand up and intervene when someone’s been wrongly accused and condemned. (This phrase is based upon Jesus rebuking men who were ready to stone to death a woman caught in adultery by asking them who is without sin to cast the first stone, which prompted all the men to drop their stones and walk away and upon Bryan Stevenson of the Equal Justice Initiative coining  the phrase “stone catchers.” [4]

This reference to the Bible should remind those of religious faith of our calling to be witnesses and give testimony. This is not easy. You have to give your account of what happened and your belief as to what it means. The person has to stand and say what he or she believes about God.

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[1] Walsh, For first time, Minneapolis teen opens up about her viral George Floyd arrest video, StarTribune (Mar. 12, 2021); Minneapolis Police Department, Man Dies After Medical Incident During Police Interaction (May 25, 2020); Paybarah, How a teenager’s video upended the police department’s initial tale, N.Y. Times (April 20, 2021); Bogel-Burroughs & Arango, Darnella Frazier, the teenager who filmed George Floyd’s arrest, testifies at the trial, N.Y. Times (Mar. 30, 2021);  Assoc. Press, [Video] ‘He Was Suffering’: Teenager Who Filmed Floyd’s Arrest Testifies at Trial, N.Y. Times (Mar. 30, 2021); Watch the replays” Day 2 testimony of witnesses Donald Williams and Darnella Frazier, StarTribune (Mar. 30, 2021); Xiong, Walsh & Olson, Teen who recorded George Floyd’s death reveals trauma, pain in testimony, StarTribune (Mar. 31, 2021); Jackson, Derek Chauvin trial shows people who film police violence later struggle with trauma, StarTribune (April 2, 2021); Derek Chauvin Trial: Week Four, dwkcommentaries.com (April 4, 2021); Knowles & Belia, Darnella Frazier, teen who filmed Floyd’s arrest, celebrates Chauvin’s guilty verdict: ‘Justice has been served,’ Wash. Post (April 21, 2021); Yan, A teen with ‘a cell phone and sheer guts’ is credited for Derek Chauvin’s murder conviction, cnn.comm (April 21, 2021); Fowler, You have the right to film police. Here’s how to do it effectively—and safely, Wash. Post (April 22, 2021).

[2] See note 1 supra. See also Walsh, Minneapolis teen ‘humbled’ to receive national Courage Award for filming George Floyd’s killing by police, StarTribune (Oct. 29, 2020); PEN America, Darnella Frazier, Dec. 8, 2020); Walsh, Minneapolis teen receives prestigious award for recording George Floyd video, StarTribune (Dec. 10, 2020).

[3] Norris, Opinion: Darnella Frazier is the hero of this story, Wash. Post (April 21, 2021). This blog has frequently commented about Bryan Stevenson’s amazing legal representation of death-row inmates and others. See also Sullivan, By bearing witness—and hitting ‘record’—17-year-old Darnella Frazier may have changed the world, Wash. Post (April 20, 2021.).

[4] The other bystander witnesses were Alyssa Funaru (17 years old), Kaylynn Gilbert (17 years old), Genevieve Hansen, Donald Williams II, Christopher Belfrey and Charles McMillian. (Derek Chauvin Trial: Week Four, dwkcommentaries.com (April 4, 2021). Bruni, Listening to Those Who Saw George Floyd Die, N.Y. Times (April 24, 2021); Stevens, ‘The world needed to see what I was seeing,’ StarTribune (April 23, 2021)..

Important Criminal Justice Work Continued by Equal Justice Initiative

The Equal Justice Initiative (EJI), based in Montgomery, Alabama, is committed to ending mass incarceration and excessive punishment in the United States, to challenging racial and economic injustice, and to protecting basic human rights for the most vulnerable people in American society.

This work continued in 2016.

It “won relief for nearly a dozen condemned prisoners on death row facing execution.” It “won reduced sentences for more than a dozen people who were sentenced die in prison when they were children” and it “continues to represent scores of other condemned juveniles.” It has “fought against horrific prison conditions and abuse within jails and prisons” and is “challenging the extreme sentences that continue to be imposed on low-level offenders and people who are not a threat to public safety,” In 2016 it “won the release of more than a dozen people who were unfairly sentenced or convicted” and is “continuing [its] work to reform the criminal justice system.”

EJI also has education and activism projects “to challenge America’s history of racial inequality.” As discussed in an earlier post, EJI has announced plans for a national memorial for victims of lynching and a museum on racial injustice.

More details on these important accomplishments are provided in EJI’s Annual Report 2016, which I received in last week’s mail, but which apparently is not yet available on EJI’s website.

EJI’s Executive Director is Bryan Stevenson, a powerful and dedicated lawyer, author and speaker, who meets the challenge that President Obama made to Howard University graduates last May.

I urge all citizens who are interested in criminal justice reform to support EJI with your charitable donations. This is even more important now when, according to a New York Times report, President-Elect Donald Trump has made comments about private prisons working better than government-operated prisons and detention facilities resulting in huge increases in the stock prices of the corporations that own and operate the former.

 

 

 

Honoring Victims of Racial Lynchings and Injustice 

On August 16 the Equal Justice Initiative (EJI) of Montgomery Alabama announced plans for two projects honoring victims of U.S. racial lynchings and injustice.[1]

One is the Memorial for Peace and Justice to honor the over 4,000 black victims of lynchings that will sit on six acres, the highest spot in Montgomery, the first capital of the Confederacy. The memorial will be a large, four-sided gallery of 801 six-foot columns hanging in the air as if from trees like a lynching. Each column will represent a U.S. county where a lynching took place and be etched with the name(s) of the person(s) lynched. Here is a rendering of the memorial and a map showing the locations of the lynchings.

An adjacent field will have duplicates of those columns, which will be offered as a challenge to be moved to the home counties of the lynchings; those that remain will be silent rebukes to the places that refuse to acknowledge their history of lynching.

The other project is a museum, “From Enslavement to Mass Incarceration,” which is scheduled to open completely next April in EJI’s 11,000-square-foot headquarters in Montgomery. Tracing the country’s racial history from slavery to the era of mass incarceration, it will contain high-tech exhibits, artifacts, recordings, and films, as well as a comprehensive database and information on lynching and racial segregation. Its virtual reality stations will enable people to understand what it was like to be in the cargo hold of a slave trafficking ship, to endure angry taunts during a lunch counter sit-in and to sit in a contemporary overcrowded prison. Below are photographs of one part of the museum and of jars of dirt from sites of lynchings.

 

 

As reported by Montgomery’s newspaper, the founder and Executive Director of EJI, Bryan Stevenson, said, “Our nation’s history of racial injustice casts a shadow across the American landscape. This shadow cannot be lifted until we shine the light of truth on the destructive violence that shaped our nation, traumatized people of color, and compromised our commitment to the rule of law and to equal justice.”

Stevenson is a widely acclaimed public interest lawyer. (To the right is a photograph of Stevenson and the cover of his highly acclaimed book, Just Mercy.) His work fighting poverty and challenging racial discrimination in the criminal justice system has won him numerous awards including the ABA Wisdom Award for Public Service, the MacArthur Foundation Fellowship Award Prize, the Olaf Palme International Prize, the ACLU National Medal Of Liberty, the National Public Interest Lawyer of the Year Award, the Gruber Prize for International Justice and the Ford Foundation Visionaries Award. He is a graduate of the Harvard Law School and the Harvard School of Government, has been awarded 16 honorary doctorate degrees, and is a Professor of Law at New York University School of Law.[2]

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[1] EJI, EJI Announces Plans To Build Museum and National Lynching Memorial (Aug. 16, 2016); Robertson, Memorial in Alabama Will Honor Victims of Lynchings, N.Y. Times (Aug. 15, 2016); Troyan, National memorial to lynching victims to be built in Montgomery, Montgomery Advertiser (Aug. 16, 2016); Edgemon, Nation’s first memorial to lynching victims set for Montgomery, al.com (Aug. 16, 2016); Toobin, Justice Delayed, New Yorker (Aug. 22, 2016).

[2] There is a lot about Stevenson in the previously cited New Yorker article by Jeffrey Toobin and in two previous blog posts: Bryan Stevenson’s Amazing Advocacy for Justice, dwkcommentaries.com (Jan. 19, 2016); Evaluating Bryan Stevenson Through the Prism of President Obama’s Howard University Speech, dwkcommentaries.com (May 4, 2016).

Evaluating Bryan Stevenson Through the Prism of President Obama’s Howard University Speech

President Obama’s commencement address at Howard University was examined in a prior post. The key points in Obama’s speech for this evaluation are the following:

  • “Be confident in your heritage.  Be confident in your blackness.”
  • African Americans have a “particular awareness of injustice and unfairness and struggle.  That means we cannot sleepwalk through life.  We cannot be ignorant of history. . . . We have cousins and uncles and brothers and sisters who we remember were just as smart and just as talented as we were, but somehow got ground down by structures that are unfair and unjust.”
  • “You have to go through life with more than just passion for change; you need a strategy. . . . [C]hange requires more than righteous anger.  It requires a program, and it requires organizing.”
Bryan Stevenson

Now we evaluate a prominent contemporary African-American, Bryan Stevenson through the prism of that speech.

Although not a Howard alumnus, Stevenson, as discussed in another post, is an African-American attorney, author and activist for social justice, especially for today’s African-American men and women and for their ancestors who were enslaved and persecuted. He has successfully argued cases in the U.S. Supreme Court and other courts for prison inmates and written and spoken for changes in our criminal justice system. In addition, he has organized and established the Equal Justice Initiative (CJI), a significant human rights/civil rights law firm in Montgomery, Alabama that is being joined by  a museum honoring the victims of slavery and lynchings.[1]

In so doing, Stevenson is demonstrating confidence in his own heritage, his own blackness, as President Obama urged the graduates. Stevenson also shows his awareness of injustice, unfairness and struggle that he combines with a strategy of change through the courts and public opinion. He meets the standards set forth by President Obama.

Give thanks to God for this good man!

 

 

 

 

Additional Reflections on Ta-Nehisi Coates

Ta-Nehisi Coates’ 2015 book, “Between the World and Me,” and his 2014 article, ”The Case for Reparations,” continue to draw attention and criticism. This blog already has criticized both the book and the article.[1] Here are additional reflections on these writings.

“Between the World and Me”

In November 2015 the New York Times named the book as one of the 50 notable nonfiction books of 2015. A week later the editors of the Times Book Review proclaimed that it was one of the 10 best books of the year with these words: “Structured as a letter to his teenage son, this slender, urgent volume — a searching exploration of what it is to grow up black in a country built on slave labor and ‘the destruction of black bodies’ — rejects fanciful abstractions in favor of the irreducible and particular. Coates writes to his son with a clear eyed realism about the beautiful and terrible struggle that inheres in flesh and bone.”[2]

Also in November the book won the National Book Award for Nonfiction for 2015. The citation stated the book is “a brutally honest portrayal of the plight of the African-American male in this country. Composed as a letter to his adolescent son, Ta-Nehisi Coates writes with chilling bleakness and precision about racism in America. This is no simple account of racism, but rather a concise attack on a system which has consistently rendered black lives worthless. Incorporating history and personal memoir, Coates has succeeded in creating an essential text for any thinking American today.”[3]

Coates dedicated this award to the memory of his friend, Prince Carmen Jones, a young black man who was killed by a policeman, saying, “I have waited 15 years for this moment. I’m a black man in America. I can’t punish that [policeman]. I can’t secure the safety of my son. I just don’t have that power. But what I do have the power to do is say, “You won’t enroll me in this lie. You won’t make me part of it. We are not enrolled in a lie. We are not part of it.'”

In January 2016 the National Book Critics Circle made the book one of five nominees for its 2015 award for criticism. The actual awards will be announced on March 17, 2016. [4]

Jonathan Orbell, a self-described white evangelical Christian and graduate student at Fuller Theological Seminary, says the book “offers white evangelicals yet another opportunity to reflect on issues that have gone unaddressed in our congregations for far too long. . . black Americans’ subjugation to a regime of brutal and systematic racial injustice. “[5]

Not all comments about the book were laudatory. Rich Lowry, the editor of the conservative National Review and columnist, called the book “profoundly silly at times, and morally blinkered.” Coates “has to reduce people to categories and actors in a pantomime of racial plunder to support his worldview. He must erase distinctions and reject complexity.” In his view, Coates “gives the impression of denying the moral agency of blacks, who are often portrayed as the products of forces beyond their control.” The book “feels nihilistic because there is no positive program to leaven the despair and the call for perpetual struggle.”[6]

Another pointed criticism of Coates was leveled by a columnist for the New York Post, Kyle Smith, who accused Coates of “harboring . . . suspicion, fear, mistrust, distaste, and unease about [all] whites.” Yet “Coates has found himself crowned America’s leading civic thinker.”[7] Coates himself is baffled by this positive reaction by many white readers. He said, “I don’t know why white people read what I write. I didn’t set out to accumulate a mass of white fans.” Indeed, he said he did not want “the burden [of explaining the ills of black people to white people]—it alienated him. And so he writes with a tone that is blunt, authoritative and unapologetic” while harboring “no malice toward white people, and that he speaks to them from the heart.” [8]

An African-American writer living in Paris, Thomas Chatterton Williams, says Coates left out “an essential part of the story of black life today – the only black life I have ever known. . . . The capacity of humans to amount to more than the sum of a set of circumstances is ignored. The capacity to find gratification in making a choice – even if it’s the wrong one – is glossed over.” Williams concludes, “The crisis of the black intellectual now, if there is one, isn’t that he lacks the means or the platform to represent his people but that it is too easy to cleave to a sense of resentment and indignation – even now that he has found himself, after all these years and all this struggle, in a position of strength.”[9]

Coates has said that the book is a “complete rejection” of the notion that the   current plight of blacks in the U.S. “is not really tied to our long history . . . of policy directed toward African-Americans .. . [and that it] is our fault, or partly our fault. . . .[It] may well be our responsibility, but it certainly is not our fault.” The book, he said, reflects his “process of getting conscious . . . [which] was a very, very uncomfortable, disturbing and sometimes physically painful process.” Yet “black experience is big and it’s nuanced and it’s broad, and no one person should be the spokesperson for that experience, or no one person should be the oracle or be the articulator.”[10]

Darryl Pinckney, an African-American novelist, playwright and essayist, places Coates’ book into a broader perspective. Pinckney asserts, “The black struggle in the US has a dualist tradition. It expresses opposing visions of the social destiny of black people. Up, down, all or nothing, in or out, acceptance or repudiation.” According to Pinckney, Coates believes “it’s too late [for an end to America’s racial nightmare], given the larger picture. He speculates that now that the American Dreamers are plundering “not just the bodies of humans but the body of the Earth itself,” “something more awful than all our African ancestors is rising with the seas.” Coates in this book refuses “to expect anything anymore, socially or politically. Coates is . . . fed up, but his disillusionment is a provocation: it’s all your fault, Whitey. This is a rhetorical strategy of the [black writer’s] tradition but to address an audience beyond black people is to be still attempting to communicate and enlighten.”[11]

“The Case for Reparations”[12]

My earlier post argued this Coates-article was not well written; that he hid in generalizations; that his discussion of black contract-for-deed discrimination was sloppy and perhaps erroneous; that he mentioned certain scholarly discussions of how reparations might be implemented without endorsing any of them; that he failed to mention U.S. presidential l and congressional statements about reparations as well as other countries’ approaches to reparations; and that his grand conclusion was the mere urging adoption of a bill for a federal study of the issue of reparations without examining the details of the bill or the arguments advanced for the bill by its author, Rep. John Conyers (Dem, MI).[13]

Immediately after the release of Coates’ article, David Frum, a neoconservative commentator and former speechwriter for President George W. Bush, pointed out that Coates “disavows any consideration of the single most important question about the restitution he has in mind: How would it work?” In addition, Frum asserts, “Coates’s essay is built on an unstated assumption that America’s racial composition is essentially binary, a white majority that inflicts inequality; a black minority that suffers inequality.” Coates thereby ignores the probability of groups other than blacks’ making similar claims for reparations and of the many financial and political problems that would create.[14]

“Another huge problem with any reparations program [for Frum] would be who qualifies.” For example, would a mixed-race individual qualify? A new immigrant from Africa? And so on. In addition, any program would create side effects, anticipated and unanticipated.

The next day, Coates responded to Frum’s criticism by arguing that reparations for African-Americans would not expand to other groups because the actual reparations for Japanese-Americans who had been interred in World War II did not expand to other groups. Coates concludes his response with these words:

  • “The problem of reparations has never been practicality. It has always been the awesome ghosts of history. . . . In other times banishment has been our priority. The mature citizen, the hard student, is now called to choose between finding a reason to confront the past, or finding more reasons to hide from it. [Frum] thinks [the congressional bill to create a study commission] … commits us to a solution. He is correct. The solution is to study. I submit his own article as proof of why such study is so deeply needed.”[15]

Rich Lowry in his previously mentioned article also has harsh words for Coates’ opinion on reparations. Lowry asks the rhetorical question of whether any recipient of “a modest, roughly $1 trillion program of reparations, which would be more than $20,000 for every black person in the country, regardless of his or her family’s personal history or current financial circumstances” would be transformed. Lowry’s answer to this question is a resounding “No.” Instead, Lowery says, “For poor blacks to escape poverty, it would still require all the personal attributes that contribute to success. So Coates is selling snake oil. Even if he got his fantastical reparations that he has poured such literary energy into advocating, real improvement in the condition of black people would still require the moral effort that he won’t advocate for.”

Coates responded to these criticisms by meekly saying he was offering a “case” for reparations, not a “plan” for such a program and that he had mentioned–without endorsement–several plans proposed by academics. Now he points to what he calls an “excellent paper” on the subject by Sandy Darity, a Duke economist and “tireless reparations proponent.” [16]

Last month the issue of reparations resurfaced with Bernie Sanders’ comment that he did not favor reparations for slavery because there was a nil chance of congressional approval and because it would be “very divisive.” [17]

Coates responded by saying that all of Sanders’ own proposals for economic and financial reform had a nil chance of congressional approval. Moreover, “[o]ne of the great functions of radical candidates [like Sanders] is to war against equivocators and opportunists who conflate these two things. Radicals expand the political imagination and, hopefully, prevent incrementalism from becoming a virtue.”

Conclusion

I do not find Coates’ responses to these criticisms convincing. I still am uninspired with his writings and arguments. I do not think his many awards are justified.

In contrast, I applaud the amazing work for social and racial justice being waged by Bryan Stevenson, an African-American attorney and advocate. As discussed in an earlier post, Stevenson has obtained release from prison and death row for African-Americans who had been unjustly convicted. He also is creating various ways to remember and honor victims of lynchings and other crimes and to inspire others to join the effort for social and racial justice.

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[1] Reactions to Ta-Nehisi Coates’ “Between the World and Me” (Aug. 13, 2015); Ta-Nehisi Coates’ Unsatisfactory Case for Reparations (Oct. 18, 2015).

[2] 100 Notable Books of 2015, N.Y. Times Sunday Book Review (Nov. 27, 2015); The 10 Best Books of the Year, N.Y. Times Sunday Book Review (Dec. 3, 2015.

[3] Nat’l Book Foundation, 2015 National Book Award Nonfiction; Alter, Ta-Nehisi Coates Wins National Book Award, N.Y. Times (Nov. 18, 2015); Dwyer, Adam Johnson, Ta-Nehisi Coates Win National Book Awards, NPR (Nov. 19, 2015).

[4] National Book Critics Circle, National Book Critics Circle Announces Its Finalists for Publishing Year 2015 (Jan. 18, 2016); Manly, National Book Critics Circle Announces Award Nominees, N.Y. Times (Jan. 18, 2016).

[5] Orbell, Why Christians Need Coates, Sojourners (July 29, 2015).

[6] Lowry, The Toxic World-View of Ta-Nehisi Coates, Politico (July 22, 2015).

[7] Smith, The Hard Untruths of Ta-Nehisi Coates, Commentary (Oct. 1, 2015),

[8] Coates, Ta-Nahisi Coates On Why Whites Like His Writing, Daily Beast (Oct. 25, 2015).

[9] Williams, Loaded Dice, London Rev. of Books (Dec. 3, 2015).

[10] Ta-Nehisi Coates On His Work And The Painful Process Of Getting Conscious, NPR (Nov. 23, 2015).

[11] Pinckney, The Anger of Ta-Nehisi Coates, N.Y. Rev. of Books (Feb. 11, 2016).

[12] Lowry, The Toxic World-View of Ta-Nehisi Coates, Politico (July 22, 2015); Martin, Ta-Nehisi Coates on His Work and the Painful Process of Getting Conscious, NPR (Nov. 23, 2015).

[13] Ta-Nehisi Coates’ Unsatisfactory Case for Reparations (Oct. 18, 2015). Kevin Drum, a liberal American blogger and columnist, was similarly unimpressed with Coates’ mere calling for a study of the issue of reparations. Drum, Should Bernie Sanders Support Reparations? Mother Jones (Jan. 19, 2016).

[14] Frum, The Impossibility of Reparations, The Atlantic (June 3, 2014).

[15] Coates, The Radical Practicality of Reparations, The Atlantic (June 4, 2014).

[16] Coates, The Case for Considering Reparations, The Atlantic (Jan. 27, 2016).

[17] Coates, Why Precisely Is Bernie Sanders Against Reparations? The Atlantic (Jan. 19, 2016).

 

 

 

University Students Investigate Jim Crow-Era Killings

Students at Atlanta’s Emory University are investigating Jim Crow-era murders of blacks in Georgia. They then publish their results online. This is the focus of Emory’s “The Georgia Civil Rights Cold Cases Project.” Similar projects exist at least three other universities. Important federal legislation and actions by the U.S. Department of Justice provide important background for such efforts. These subjects will be explored in this post.

Emory’s Project[1]

The Project was started in 2011 as an interdisciplinary Civil Rights Cold Cases class examining incidents that occurred in Georgia. In January 2015, it launched a website, coldcases.emory.edu, that is the joint product of more than fifty students’ work during seven semesters of the course.

The Emory class is taught by Hank Klibanoff, the James M. Cox Jr. Professor of Journalism and the Pulitzer Prize–winning author of The Race Beat: The Press, the Civil Rights Struggle, and the Awakening of a Nation, and by Brett Gadsden, Associate Professor of African American Studies.

Professor Gadsden said the class is run like “a research seminar, with intense focus on individuals’ lives and attention to the historical context in which these folks lived. These stories come alive for students. They aren’t just presenting cases or telling the stories of lowly black victims. They are really trying to understand what happened, what the circumstances were, what happened to the people, how they lived, how they died, who killed them, and why, but understanding these victims’ deaths as a part of the historical record.”

The students prepare both a ten-page academic paper on their topic of choice and a condensed article for publication on the website. Gadsden emphasizes that the students are “writing for the professors, for each other, and also for a public of both academics and non-academics. They are accountable to the descendants of the lost, and that comes with a special responsibility—one that the students embrace.”

The recent Wall Street Journal article about Emory’s project tells the moving story of the students’ investigation of the September 8, 1948, killing by two white men of Isaiah Nixon, a black man who had voted that same day in Georgia’s gubernatorial primary election. One of the white men was charged with murder, but was acquitted in a one-day trial by an all-white jury. Afterwards the accessory-to-murder charge against the other white man was dropped. The Emory students’ investigation led them to conclude that Nixon had been murdered because he had voted in that primary election.

The students also discovered Nixon’s grave in a Georgia cemetery and invited his daughter, Dorothy Nixon Williams, who at age 6 had witnessed the murder of her father, to visit the grave last week with them and her son. Now 73 years old, Dorothy said when seeing the grave, “Lord have mercy,” sobbing into her son’s shoulder. Professor Klibanoff commented, “Isaiah Nixon matters; his life matters and his death and disappearance from history matter. What matters more is his reappearance now and I think that is miraculous.” At the conclusion of the visit, Dorothy said her anger over her father’s murder “now is completely released.”

Other Similar Projects

Similar projects are being conducted by Northeastern University School of Law, Syracuse University College of Law and Louisiana State University.

Northeastern’s Civil Rights and Restorative Justice Project investigates “the role of state, local and federal law enforcement agencies and courts in protecting activists and their work. [The Project] examines the geo-politics that led to the large-scale breakdown of law enforcement, the wide-spread repression against the movement’s participants, and the reforms that have been initiated to rectify these abuses. The project engages teachers and students across the university and is directed by faculty from the School of Law and the College of Criminal Justice.” [2]

Syracuse’s Cold Case Justice Initiative was established in 2007 by Syracuse law professors Paula Johnson and Janis McDonald to investigate “racially motivated murders that occurred during the Civil Rights era and [to advocate] on behalf of the victims and their families to get justice for the crimes. The program works with law students to conduct research, identify victims and find new information that could assist law enforcement in resolving cases. The Initiative as of has identified [nearly 200] cases from the civil rights era they believe warranted further investigation by federal authorities.”[3]

Louisiana State University’s Manship School of Mass Communication started its Cold Case Project in 2010 to investigate Civil Rights-era hate murders in Louisiana and southern Mississippi. Since then nearly three-dozen students, comprised mainly of seniors and graduate students, have worked on such cases. Their “primary focus is to bring closure to African-American communities which have lingered decades without fully knowing what federal agents learned about the deaths of family members and friends.” Jay Shelledy, who is in charge of the Project, said FBI agents at the time did their best to solve these vicious killings, but were thwarted by intimidated witnesses, Klan-sympathizing local lawmen and white juries which refused to convict whites of murdering blacks.[4]

In February 2015 the LSU Project launched a searchable website detailing heretofore sealed FBI investigative findings in a dozen such murders. It contains more than 150,000 pages of FBI findings, resulting stories, photographs and letters from the U.S. Department of Justice to the victims’ next of kin. Many thousands of additional pages of FBI case files are pending release under FOIA requests; when released, they will be added to the digital database.

Background for These Projects

These projects have been stimulated and assisted by the U.S. Department of Justice and the Federal Bureau of Investigation (FBI). In 2006, the Department began its Cold Case Initiative—a comprehensive program to identify and investigate racially motivated murders committed decades ago. The effort was reinforced in 2008 with the passage of the Emmett Till Unsolved Civil Rights Crime Act that authorized the Department to investigate unsolved civil rights murders before 1970. This statute had been introduced in 2007 by Congressman John Lewis of Georgia and unanimously passed by both houses of Congress in 2008 and signed into law by President George W. Bush.[5]

As of May 2015, the Department reported to Congress that it had concluded 105 of 113 relevant cold cases involving 126 victims, but that “very few prosecutions have resulted from these exhaustive efforts.” (The single case that went to court involved Jimmie Lee Jackson, who was shot by Alabama State Trooper James Fowler after a civil rights protest in 1965. In 2010, at age 77, Fowler pleaded guilty to manslaughter and was sentenced to six months in prison.)[6]

This was due, said the report, for many reasons. Federal statutory law limits the Department’s ability to prosecute civil-rights era cases at the federal level. There is a five-year statute of limitations on federal criminal civil-rights charges that existed prior to 1994. The Fifth Amendment protects against double jeopardy, which prevents the re-trial of someone for an offense for which he or she was previously found not guilty. In addition, cold cases can be difficult to prosecute because “subjects die, witnesses die or can no longer be located, memories become clouded, evidence is destroyed or cannot be located.”

This statute is due to expire in 2017, and efforts are being made to lobby for its extension.

Conclusion

These projects are significant and inspiring. First, they complement and should be coordinated with the amazing justice advocacy of Bryan Stevenson at the Equal Justice Initiative that was discussed in a prior post. Second, these projects are excellent examples of a mode of teaching an important subject that should be included in this blogger’s reflections on modes of teaching and learning as set forth in another earlier post.

We all should give thanks to Emory, Northeastern, Syracuse and Louisiana State University for their leadership in this important work.

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[1] McWhirter, College Class Investigates Jim Crow-Era Killings, W.S. J. (Jan. 24, 2016),; Lameiras, Cold Cases Project helps student uncover history of civil rights era crimes, Emory Mag. (May 25, 2015); Emory Libraries, Georgia Civil Rights Cold Cases; Justice, Emory student research debuts on Georgia Civil Rights Cold Cases website (Jan. 7, 2015); Emory Univ., Special Topics Seminar: Cold Cases (description of seminar and tentative list of readings).

[2] Northeastern Univ. School of Law, Civil Rights and Restorative Justice Project. An earlier version of this post erroneously included Northwestern University College of Law’s important Wrongful Conviction Center, and I thank Professor Hank Klibanoff for pointing out this error.

[3] Joiner, Inside the Effort to Solve Civil Rights Crimes Before It’s Too Late, Time (Oct. 15, 2015).

[4] LSU Manship School of Mass Communication, Cold Case Project; Lemoine, Cold Case, LSU Gold (Fall 2011); LSU Manship School of Mass Communication, Cold Case Project website released (Feb. 25, 2015).

[5] U.S. Dep’t of Justice, Cold Case Initiative.

[6] U.S. Dep’t of Justice, Attorney General’s Sixth Annual Report to Congress Pursuant to the Emmett Till Unsolved Civil Rights Crime Act of 2007 (May 2015).

U.S. Supreme Court Extends Parole Rights for Juveniles Convicted of Murder             

On January 25, 2016, the U.S. Supreme Court decided, 6-3, that its 2012 decision in Miller v. Alabama banning life-without-parole sentences for juvenile killers must be applied retroactively.[1]

Important for the Court was its conclusion that the earlier decision had been grounded on the diminished culpability of all juvenile offenders, who are, the Court said, immature, susceptible to peer pressure and capable of change. Very few, the opinion said, are incorrigible. But as a general matter the punishment was out of bounds. As a result, a court, upon petition by such a prisoner, must hold a re-sentencing hearing in order to give the petitioner “the opportunity to show their crime did not reflect irreparable corruption; and, if it did not, their hope for some years of life outside prison walls must be restored.” Alternatively the state could make them eligible for parole without a hearing

Henry Montgomery, the petitioner in the instant case, was 17 when he committed the murder and now is 69 in a Louisiana prison. The Court’s opinion said there was evidence that he deserved to be released, describing “his evolution from a troubled, misguided youth to a model member of the prison community” and noting that he was a coach on the prison boxing team, had worked in the prison’s silk-screen program and had offered advice to younger inmates.

The opinion for the Court was written by Mr. Justice Anthony Kennedy and was joined by Chief Justice Roberts and Justices Ginsburg, Breyer, Sotomayor and Kagan. Dissenting were Justices Scalia, Thomas and Alito.

Bryan Stevenson was the successful attorney for the petitioner in the 2012 case, Miller v. Alabama, which is discussed in Chapter Fourteen of his book, Just Mercy.[2] Although he was not the attorney for the petitioner, Montgomery, in the case decided today, Stevenson did submit an amicus curiae brief supporting Montgomery on behalf of the Equal Justice Initiative on Behalf of Dozens Sentenced to Die in Prison When They Were Children.

New York Times editorial applauded the latest decision with these words: “The Supreme Court has ruled repeatedly over the last decade that it is morally and constitutionally wrong to equate offenses committed by emotionally undeveloped adolescents with crimes carried out by adults. It made this point again [in the Montgomery case]when it ruled that people who were sentenced to mandatory life in prison without the possibility of parole as juveniles have the right to seek parole.” The Times concluded by recommending that the Court “should take the final step. That means outlawing life sentences without parole for children altogether, whether mandatory or not.”

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[1] Opinions, Montgomery v. Louisiana, No. 14-280 (U.S. Sup. Ct. Jan. 25, 2016); U.S. Sup. Ct. Docket, Montgomery v. Louisiana (No. 14-280); Liptak, Justices Expand Parole Rights for Juveniles Sentenced to Life for Murder, N.Y. Times (Jan. 25, 2016)

[2] Docket, Miller v. Alabama, No. 10-9646 (U.S. Sup. Ct.); Opinions, Miller v. Alabama, No. 10-9646 (June 25, 2012),  A prior post reviewed the amazing advocacy for justice by Bryan Stevenson and his organization, the Equal Justice Initiative.

Bryan Stevenson’s Amazing Advocacy for Justice      

 

Bryan Stevenson

Now based in Montgomery, Alabama, Bryan Stevenson is conducting amazing advocacy for racial justice in many different ways: as an attorney for individuals who have been victimized by the U.S. criminal justice system; as the founder of a non-profit human rights organization (the Equal Justice Initiative (EJI)) devoted to those causes; as an author and speaker; and as the creator of various ways to honor his predecessors who strove for justice and the victims of injustice. Let us review these ways in which Stevenson demonstrates his advocacy after looking at his biography.

Stevenson’s Biography

 He was born in 1959 in Milton, Delaware and grew up in a poor rural community. Attending a “colored school” for his early years, he graduated from a racially integrated public high school and then Eastern College (now Eastern University), a Philadelphia “Christian university dedicated to the preparation of . . . students for thoughtful and productive lives of Christian faith, leadership and service.” He then attended and obtained a J.D. degree from the Harvard Law School; and a Masters in Public Policy degree from Harvard’s John F. Kennedy School of Government.

Stevenson is an attorney and the Founder and Executive Director of EJI, which specializes in advocacy for children in adult prisons, death-row inmates, prison and sentencing reform and combating race and poverty (. He also is a Professor of Clinical Law at NYU School of Law.

In 1995 he received a “genius” grant from the MacArthur Foundation, which said that in his “drive to expose biases under which capital punishment is imposed, Stevenson has articulated how its use is linked to race and class discrimination and to systemic defects in criminal procedures.”

In 2000 Stevenson was awarded Sweden’s Olof Palme Prize. The award stated he is “a courageous representative of all the individuals, women and men from the entire world, who have maintained tirelessly that the right to life cannot be controverted, that the death penalty is an ultimate form of torture, and that the state does not have the right to kill its citizens.”

Stevenson, the Attorney

In 2015 EJI attorneys won the release of innocent people on death row or in prison for life. They also were successful in obtaining new trials for people illegally convicted and relief for those unfairly sentenced. They have documented and challenged abusive conditions of confinement in state jails and prisons. They have continued to fight against prosecution of children in adult courts and to obtain new sentences for individuals who have been sentenced to life in prison for crimes committed when they were children.

EJI’s work does not end when a client is released from prison. It provides them with re-entry assistance, including housing, employment, training and support. Its Post-Release Education and Preparation Program has been recognized as a model for such programs by various state officials.

Stevenson The Author

 Stevenson’s 2014 best-selling book, “Just Mercy: A Story of Justice and Redemption,” provides interesting accounts of some of the significant cases in which he and EJI have been involved to provide context for a general discussion of particular problems in the American criminal justice system.

For example, Chapter Sixteen, “The Stonecatchers’ Song of Sorrow,” opens with brief discussions of Stevenson’s 2010 victory in the U.S. Supreme Court, when it decided that it was unconstitutional to impose life sentences without parole on children convicted of non-homicide crimes, and in 2012 when the Court held the same was the case when the crime was homicide. The chapter’s footnotes provide citations to these Supreme Court decisions and other mentioned cases.

Chapter Twelve, “Mother, Mother,” is another example. It recounts the trial and unjust conviction of a mother for murdering her stillborn child and sentenced to life without parole. Stevenson and EJI then entered her case and eventually obtained her release from prison. This case is then used as a platform to discuss the many problems created by incarcerating women with more details in footnotes.

The book also tells of instances in which Stevenson is touched, emotionally and spiritually, by clients who are in prison.

In the Introduction, for instance, Stevenson as a 23-year old law student was panicked and nervous when he visited a Georgia death-row inmate, who was immediately happy to learn that he would not have an execution date the next year and then gently led Stevenson into a three-hour general conversation. When the inmate was being returned to his cell, he started singing a black spiritual hymn: “I’m pressing on, the upward way. New heights I’m gaining, every day. Still praying as, I’m upward bound. Lord, plant my feet on higher ground.” Stevenson confesses that this hymn was “a precious gift” and that the prisoner gave him “an astonishing measure of his humanity” and an altered “understanding of human potential, redemption, and hopefulness.”

This and other experiences with death-row prisoners that summer constituted “proximity to the condemned and incarcerated [that] made the question of each person’s humanity more urgent and meaningful” and led to Stevenson’s being “committed to helping the death row prisoners.”

In addition, the book concludes with the “Author’s Note,” in which Stevenson seeks to recruit others to the cause of racial justice, He says, “there are endless opportunities for you to do something about criminal justice policy or help the incarcerated or formerly incarcerated.” An invitation then is extended for the reader to contact EJI for more information.

This book has received great reviews, has been a New York Times Bestseller and has won the Andrew Carnegie Medal for Excellence, an NAACP Image Award and the Dayton Literary Prize for Nonfiction.

Stevenson The Speaker

A prior post mentioned Stevenson’s then forthcoming presentation at Minneapolis’ Westminster Town Hall Forum. I attended this event even though I had never heard of him and thought his presentation would be a legal analysis of the changes needed in the American criminal justice system. Instead it was an emotional, passionate call for such reform and more of a sermon than a legal discussion. At the halfway point, the moderator, Rev. Timothy Hart-Andersen, said that in his many years as the moderator of the Forum he had never heard such a moving presentation.

Nine months later I watched his televised conversation with Charlie Rose. “An Hour with Bryan Stevenson,” Charlie Rose Show (Aug. 19, 2015), when he was just as impressive. Here are some of his pithy, insightful comments:

  • “Everyone is more than the worst thing he or she has ever done.”
  • “No matter what you’ve done, your life matters or has value.”
  • “All lives matter.”
  • “All lives have equal value.”

Another example of Stevenson as a speaker is his TED Talk of March 2012,“We need to talk about an injustice.”

EJI’s Other Racial Justice Efforts

Over the last four years EJI has published major reports about the domestic slave trade, Slavery in America; and racial lynchings, Lynching in America; its third report was released in late 2015:The Anti-Civil Rights Movement. Excerpts from all of these reports are provided in EJI’s educational 2016 Calendar. For example, the month of October focuses on “Racial Terror Lynchings” with a large photograph of a crowd watching an 1893 Texas lynching and with this comment on October 5th: “1920: A mob lynches four black men in Macclenny, Florida, seizing three from the county jail and shooting the fourth dead in the woods.” EJI also has produced a film, From Slavery to Mass Incarceration.[1]

In addition, EJI has erected historic markers about the domestic slave trade in its home base in Montgomery, Alabama and is working on a national memorial in the city about American racial inequality and lynchings. Its first historical marker about Lynching in America recently was erected in Brighton, Alabama pursuant to a plan to place such markers at every lynching site in the country.

EJI’s office building in Montgomery is the site of a former slave prison and close to the city’s slave market. In late 2016 it plans to convert part of its building to a museum about the history of racial inequality in America and the connections between slavery and mass incarceration. EJI also uses its building to host programs and presentations about its work and the need for reforming the criminal justice system while similar presentations are made by its staff at colleges, universities, churches, community groups, high schools and conferences.

An insight to such programs has been provided by Jim Wallis, the leader of Sojourners, a Christian social justice organization, who along with 50 other faith leaders attended a two-day program at EJI in December 2015. Stevenson emphasized to this group these preconditions for reforming the American criminal justice system: (1) proximity to those most impacted by the system; (2) changing the narrative; (3) replacing hopelessness with hope; and (4) committing ourselves to uncomfortable things.[2]

These messages were made flesh by the Wallis group’s making pilgrimages to two sites where black men had been lynched, digging up dirt from those sites and placing the dirt in glass jars marked with the individuals’ names, birth and death years and the names of the lynching sites (part of EJI’s Soil Collection Project) and then holding prayer services in memory of the individuals. Another moving experience for the Sojourners group was spending time with Mr. Anthony Ray Hinton, who had spent 30 years in solitary confinement on death row in Alabama for a crime he did not commit. Stevenson’s concluding message for the group: “I have always had to believe in things I haven’t seen.”

Conclusion

What an amazing human being! What amazing efforts for social justice! I give thanks to God for this amazing servant!

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[1] EJI, Annual Report 2015.

[2] Wallis, It’s Never Too Late to Do Justice, Sojourners (Dec. 17, 2015) EGI, EGI Hosts Sojourners Faith Table Retreat (Dec. 16, 2015). Willis was a speaker at the Westminster Town Hall Forum in 2010 and will be returning on February 4, 2016 to discuss “America’s Original Sin: Racism and White Privilege,” the title of his book being published today. In a Foreward to the book, Stevenson says , “the mainstream church has been largely silent or worse“ to “our nation’s historical failure to address the legacy of racial inequality, the presumption of guilt and the racial narrative that created it.” Moreover, the church has been complicit in the refusal “to commit ourselves to a process of truth and reconciliation” and the emergence of “new forms of racial subordination.” Indeed, according to Stevenson, “Christianity is directly implicated when we Christians fail to speak more honestly about the legacy of racial inequality.”

 

 

 

 

TODAY on Minnesota Public Radio: Bryan Stevenson’s “Just Mercy: Reforming the Criminal Justice System”

Bryan Stevenson

Today (November 26th) Minnesota Public Radio will broadcast at Noon (CST) and 9:00 p.m. (CST) Bryan Peterson’s presentation yesterday at the Westminster Town Hall Forum, “Just Mercy: Reforming the Criminal Justice System.” It is great! Listen![1]

I was at the Forum yesterday and heard one of the most inspiring and articulate presentations I have ever heard on any subject. I was expecting to hear a detailed agenda for making legal changes in our criminal justice system. Instead, Stevenson delivered this powerful message to every citizen in this country:

  1. Everyone needs to get closer to the poor people and the incarcerated.
  2. Everyone needs to reflect on the history of racial injustice in our country and change the narrative on race. We need truth and reconciliation on race.
  3. Everyone has to find a way to stay hopeful about changing this injustice. It is not easy. It requires a reorientation of the spirit.
  4. Everyone needs to choose to do uncomfortable things. Go inside prisons, for example. The opposite of poverty is justice, not wealth. The quality of a society is judged by how it treats the poor.

Bryan Stevenson is a public-interest lawyer and founder of the Equal Justice Initiative, which is committed to eliminating bias against the poor and people of color in the criminal justice system. A professor at New York University Law School and a graduate of Harvard Law School, he argued for and won the historic ruling in the U.S. Supreme Court that mandatory life-without-parole sentences for children 17 or younger are unconstitutional. His new book, Just Mercy, profiles the lives of men, women, and children who are at the mercy of a broken criminal justice system.

Stevenson grew up in Alabama. He started school in a “colored school” and only after desegregation of his town’s schools was he able to obtain a high school education. His great-grandparents were slaves, and his parents daily were subjected to humiliation because of their race.

Thank you, Bryan Stevenson for inspiring and challenging us.

[1] An oral recording of the Town Hall presentation is available on the web.