Monday, October 16, 2017

a prick in the prick system

When O. was president, I often wrote bitterly critical things about what his administration was doing and what was happening in America. But to use the metaphore du jour, I was not entirely woke.

 Trump is a wake up machine. He is, as well, an outgrowth of processes that have been at work in the U.S. since well before the age of Reagan. I think of these processes as the counter-civil rights revolution, not dissimilar to the inertial backwardness that allowed the Jim Crow system to spring up after the Civil War. That took a hundred years to dissolve. Do we have that much time left?

One of the areas where the counter-revolution has succeeded in driving us “back” not to the 1920s, but to, oh, the 15th century under Henry 8, is in the court system.

If Amnesty International weren’t a puppet of the U.S. and the E.U., it would have to mark down the court system in the U.S. as something akin to the court system in Uzbekistan.

Currently, the vast vast majority of criminal cases are never brought to jury trial. There’s a simple reason for this. Although Americans have a formal right to a trial, in reality, that right is abrogated by the threat, which is entirely legal, that maintaining that right will add years to your sentence. We’ve watched prosecutors do this, and judges approve it, without ever questioning it. When your “right” to a trial is loaded down with such vicious punitive consequences, and the prosecution has financial resources far outstripping those of most defendents, what you have is a kangaroo court.

Kangaroo courts depend, lopsidedly, on the vulnerability of the defendents. Thus, when the defendant isn’t vulnerable, when the defendant has money, the system rolls over. The disgusting stuff about Cy Vance, who let Harvey Weinstein pass but whose office routinely jails thousands of poorer offenders for lesser offences, has popped up in the news like some chancre. TheNYT prides itself on covering this, but in fact, the NYT should have shameshame shame for never revealing the way the prosecutor’s office works untilthey have celebrity meat in their mouth. 

You can read the story for its appalling sexism. Or you can also read it as a blueprint for the impunity culture that is the direct result of losing our justice system. It is, in fact, a natural result. The justice system, without justice, becomes a tool of predation. What happened, or didn’t happen, with Weinstein, should be paired with what we know happened, and happens, on a daily basis in Ferguson, Missouri, where the police and the courts essentially mafia the population, and turn working class indigence into lifetimes of misery, one by one, hundred by hundred, thousand by thousand.

“Mr. Weinstein, meanwhile, appeared determined to stay as far away from court as possible. He denied any wrongdoing and quickly retained Elkan Abramowitz, a former law partner of Mr. Vance, as well as Daniel S. Connolly, another former prosecutor turned white-collar defense lawyer.

Linda Fairstein, a former Manhattan sex crimes prosecutor who had once written an article in Vanity Fair about her dream of doing a movie deal with Mr. Weinstein, agreed to consult. She was a close friend of Martha Bashford, head of the district attorney’s sex crimes bureau, and facilitated an introduction for Mr. Abramowitz. It was, she said, the type of thing she does for fellow lawyers. “Calling Ms. Bashford to tell her who Elkan was and to ask her to consider meeting with him is the kind of thing I do four to six times every year,” said Ms. Fairstein, who said she had determined Ms. Battilana’s complaint was unfounded. Ms. Bashford declined a request for an interview.”

This is utterly unsurprising. We’ve heard from Weinstein’s victims mostly because they are stars. I think there are probably non-stars – maids, secretaries, etc. – who also have stories, but we will never hear from them.

Cy Vance, Jr. is egregious. When Bill Clinton and Donald Trump’s friend, billionaire Jeffrey Epstein, was sent to prison for basically pimping and raping under-age girls. This was in Florida. He’s operated with impunity for years. If his earnings had been those of your standard pimp’s, he’d be inprison for thirty some years. Since he was a billionaire, he served 13 monthsin a Palm Beach jail. However, he was labelled a sex offender. 

 This is the kind of thing that happens to small fry. So when he got out and moved back to Florida, he petitioned not to be labelled a sex offender.

At a sex offender registration hearing in 2011, Assistant District Attorney Jennifer Gaffney shocked a Manhattan judge by recommending that Epstein be classified as a Level One offender — the lowest on the sex fiend scale.

“I have to tell you I am a little overwhelmed because I have never seen a prosecutor’s office do anything like this,” Justice Ruth Pickholz said, according to records. “I have done many (sex offender registration hearings) much less troubling than this one where the (prosecutor) would never make a downward argument like this.”

Gaffney justified asking for the lower level because Florida federal officials had allowed Epstein to plead guilty to just one count — even though Palm Beach police said there were multiple victims.”

Vance’s office changed their tune when the spotlight was played on this particular quid pro quo-bee. The judge made him a class three offender – which, astonishingly, Vance’s department appealed.
It’s Manhattan, Jake. Cy Vance’s job title should be reconstituted. Maybe District Attorney for the Successful. If you are rich, Cy's by your side. 

But though the man is obviously a prick, he’s a prick in a prick system. One that was given away in my lifetime.

Hard to explain this to the future.



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