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Why Doesn't Kyle Rittenhouse Deserve Qualified Immunity?

The cases of Rusten Sheskey and Kyle Rittenhouse make it clear that the leniency afforded to police officers is not justified.

Amid protests of a police shooting in Kenosha, Wisconsin this week, three protesters were shot by a 17-year-old with an AR-15.

Two of the protesters died at the scene on Tuesday. The third was seriously injured, but survived. The shooter, Kyle Rittenhouse of Antioch Illinois, has been charged with two counts of first-degree homicide, among other charges.

The event that spurred the protests was shocking on its face, but an increasingly familiar scenario—a Kenosha police officer shot an unarmed Black man in the back seven times.

The incident took place on Sunday, August 23rd, after police officers arrived at the scene of a domestic disturbance with little information. A woman had called 911 and used 29-year-old Jacob Blake's name, but was reportedly "uncooperative" with the 911 operator, so police had little else to go on.

Sources since the incident have said that Blake was actually breaking up an argument, possibly between the 911 caller and another woman. But it turned out there was a warrant out for Blake's arrest, and police responded to the call with force.

While some details of the encounter remain uncertain, Blake was tased more than once, and two videos document police officers struggling to restrain him as he attempts to free himself and move toward the driver side door of his SUV.

Authorities identify officer who opened fire in Jacob Blake shooting l GMA www.youtube.com

The footage shows that as Blake opened the door, officer Rusten Sheskey grabbed him by the shirt and shot him seven times in the back. While all this took place, Blake's three young sons were sitting inside the SUV.

Miraculously, Blake survived those gunshots, but is paralyzed, and likely to never walk again. After regaining consciousness, a heavily medicated Blake reportedly asked his father "Why did they shoot me so many times?" to which his father responded, "Baby, they weren't supposed to shoot you at all."

Police have claimed that a knife was found on the driver's side floorboard, with the suggestion that Blake was reaching for it in order to harm the officers. Why else would he have struggled so hard to get to the driver side door? Surely he didn't think he could actually get away?

The answer is that Jacob Blake likely didn't think much at all. Nor would anyone in that situation.

A taser delivers an electrical pulse of around 50,000 volts of low amperage electricity that courses through the victim's body, causing muscles to seize violently. While the low amperage of these pulses generally protects the victim's heart from stopping, the electricity has been shown to reach the brain, where it can disrupt memory and thought processing.

Blake was effectively shot with a brain disruption device. Coupled with the body's natural fight or flight response—which causes adrenaline and other stress-response hormones to flood into the bloodstream—chances are he couldn't really get a handle on what was going on. If his instinct was to fight, maybe that means he was in fact reaching for a knife.

But if his instinct was to run—to quickly get himself and his children away from a very real threat—then no amount of arguing or reasoning was going to stop him from trying to get in his car to drive off.

Rusten Sheskey, likewise, may have been acting on instinct. The kind of tunnel vision that takes over in stressful situations may have prevented him from considering the innocent explanation for why Jacob Blake would struggle so hard to open his car door. He may also have been influenced by the kind of implicit racial bias that causes many Americans to perceive Black men as more threatening.

Or maybe there was nothing "implicit" about his bias at all. Maybe Rusten Sheskey was one of the open bigots that have actively infiltrated law enforcement, and would have taken any excuse to shoot a Black man with the intent to kill.

We don't know, and may never find out. What we do know is that, even if Rusten Sheskey is charged with Jacob Blake's murder—so far, no charges have been filed—he is very likely to be acquitted.

So why has Kyle Rittenhouse already been charged with murder?

His crimes took place more than two days after Jacob Blake was shot, yet no officers have been charged in connection with the incident. The answer is closely tied to the controversial concept of "qualified immunity."

Among calls to defund and reform America's police in the months since the horrific killing of George Floyd, one of activists' primary demands is the elimination of qualified immunity, which essentially says that police officers cannot be sued for any reasonable actions they take as part of fulfilling their duties. That includes shooting unarmed civilians if the officers perceive them—for whatever reason—as an imminent threat.

While the protections only apply to civil suits, the reasoning behind them is closely related to the logic that tends to prevent police officers from being charged and convicted in these cases. But why doesn't Jacob Blake deserve the same leniency? Were the circumstances under which he fired his rifle substantially different than what led Rusten Sheskey to fire seven bullets into Jacob Blake's back?

Again, many of the details are unclear. While there are multiple videos documenting portions of the incident, we don't know exactly what led up to the moment when Rittenhouse shot his first victim, 36-year-old Joseph Rosenbaum.

Reportedly Rosenbaum threw a plastic bag at Rittenhouse, and attempted to take his gun from him—possibly fearing that Rittenhouse was not in a state of mind to handle his firearm safely. If that was his fear, it was soon justified when Rittenhouse shot Rosenbaum, wounding him in the back, hand, groin, thigh, and head.

Perhaps Rittenhouse was influenced by the rhetoric from conservative outlets like the Daily Caller, and from President Donald Trump himself—who famously said "when the looting starts, the shooting starts"—to view the Black Lives Matter movement and protesters opposing police brutality as violent terrorists who deserved to be met with violence. Is that different than how Rusten Sheskey was primed to view Jacob Blake?

In the aftermath, while Richard McGinniss, a videographer from conservative website The Daily Caller, did his best to tend to Rosenbaum's wounds, Rittenhouse ran from the scene, rifle in hand. He was caught on video telling a friend over the phone, "I just killed someone."

Video shows Kyle Rittenhouse in Kenosha on the night three protestors were shot www.youtube.com

In further video protesters pursued Rittenhouse, and when he fell to the ground, he pointed his rifle at them. Multiple protesters attempted to disarm him—and 26-year-old Anthony Huber struck him with a skateboard. But rather than surrender or drop his weapon, Rittenhouse shot at them, shooting Huber in the heart and nearly severing the arm of Gaige Grosskreutz.

When Rittenhouse got back to his feet and managed to get away from protesters, he found his way to the police, whom he approached while protesters called out for him to be arrested. Instead, Rittenhouse was allowed to return to his home in Illinois, where he was arrested the next day.

But why was he arrested at all? Why Kyle Rittenhouse and not Rusten Sheskey?

If anything, Rittenhouse has more of a claim to make in terms of self defense. While Sheskey may have suspected that Jacob Blake was reaching for some kind of weapon, Rittenhouse knew for a fact that his victims were reaching for a high-powered semi-automatic rifle—his rifle.

And in the case of Anthony Huber, he actually attacked him with a skateboard—which may even be considered "assault with a deadly weapon" in some cases. Of course his victims were more than justified in fearing what Rittenhouse would do with his weapon, but couldn't you say the same for Jacob Blake? Didn't he have reason to fear for his life and attempt to either run from the police or defend himself however he thought he could? So why is it different?

Is it a matter of duty? While Rittenhouse may not have been serving in any official capacity as a police officer, he clearly saw his role in Kenosha as very similar.

He had trained with the Grayslake Police Department through their "Public Safety Cadet" program for aspiring police officers aged 14-21. On social media he included the motto "Duty. Honor. Courage. Blue Lives Matter." with his profile picture. In an interview with the Daily Caller prior to the shooting—filmed by none other than Richard McGinniss—Rittenhouse referred to it as his "job" to use his gun to defend himself and others.

According to reports, local police treated Rittenhouse and other armed civilians seeking to take a stand against riots as their allies rather than vigilantes—handing out water bottles and giving them encouragement. This may explain why police allowed Rittenhouse to leave the scene after killing two men and injuring a third.

Clearly Rittenhouse believed himself—not without reason—to be serving alongside the police, and in a similar capacity. Did he lack the training to do so with the professionalism of an actual police officer?

The Grayslake Police Department's Public Safety Cadet program—according to an archived page—included weekly meetings, a background check, and firearms training. Considering the fact that several states require police officers to receive just twelve weeks of training—less than barbers or plumbers—Rittenhouse may have had nearly as much training as many rookie cops.

New video shows Antioch teen just before deadly Kenosha protest shooting | ABC7 Chicago www.youtube.com

Was it his age then? One of the charges against Rittenhouse is "possession of a dangerous weapon by a person under 18." Is there a switch that was going to flip when he turned 18 that would have made him more responsible? More capable of wielding deadly force with care? At 21 then? Or 31—the age of Rusten Sheskey?

No, the only thing that really separates the actions of Kyle Rittenhouse and the numerous police officers who have shot unarmed people in recent years is that when Kenosha Sheriff David Beth was encouraged to deputize the armed civilians going out amid protests, he refused. Does that make him a hero? No, but it does mean that his police department won't be sued—at least in this case.

Now Kyle Rittenhouse has been charged with homicide, and he or his parents will no doubt be defendants in a number of civil suits likely to be filed by the victims' families. Meanwhile, neither Rusten Sheskey nor the officers who tased Jacob Blake have been charged with anything, nor will his family be allowed to sue them.

So why doesn't Rittenhouse deserve the leniency that police receive in these cases?

Because no one does.

We should not accept the fact that armed men and women patrol our streets—often with the same defensive, violent attitudes as Kyle Rittenhouse—and can shoot unarmed civilians with impunity. It's time to end qualified immunity, shift police funding toward non-violent community services, and to make police accountable to civilian review boards with the power to actually punish them.

Short of that, we might as well give Kyle Rittenhouse his gun back, and set him and others like him loose on our streets.

Why Elijah McClain's Death Makes "All Lives Matter" People So Much More Uncomfortable

How do you fall back on your "Well they shouldn't commit crimes!" argument now?

It was recently announced that the death of Elijah McClain, a 23-year-old Black man who died in 2019 while in police custody, will be reexamined by Colorado Officials.

Colorado Governor Jared Polis personally announced that his administration will reexamine the case. The governor wrote on Twitter, "a fair and objective process free from real or perceived bias for investigating officer-involved killings is critical." Polis added that he is having lawyers "examine what the state can do and we are assessing next steps."



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Dear Allies: Black Lives Matter Is More Than a Social Media Trend

It's time for real allyship.

The protests being held in many American cities over the murder of George Floyd, Breonna Taylor, and Rayshard Brooks have drawn a lot of support and solidarity not just in the U.S, but across the world in general.

There has never been a better time to use one's voice–no matter how small–to speak up against racial injustice than now.

Online protests have also flooded social media , and they have proven more than ever to be an important part of the cause. In the last few days, we've seen several brands and companies get called out on Twitter for failing to embrace diversity in business, as well as for their unfair treatment of Black employees.

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Meet Martin Gugino—The 75 Year Old Assaulted by the Police and Attacked by Trump

Trumps latest Twitter harassment is directed at a man who is genuinely heroic

You may have seen the footage of Martin Gugino—a 75-year-old peaceful protester—being shoved to the ground by police in Buffalo.

Or, if you prefer the perspective of President Trump and associated right-wing conspiracy theorists: an Antifa provocateur who was harassing the police and trying to sabotage their equipment before deliberately falling "harder than he was pushed," cracking his skull on the sidewalk, and (intentionally?!) bleeding from the ear.

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To Donald Trump: 5 Ways You're Actually a Flawless Being Doing a Beautiful, Unbelievable Job Right Now

You could resign if you want to, but then who will keep America so GD great?

With Donald Trump making a visit to Bangor, Maine today, the editorial board of the Portland Press Herald issued an op-ed calling for President Trump to resign.

The harshly critical piece entitled "To President Trump: You Should Resign Now" was framed as an open letter to the president and got straight to the point with this opening plea, "We're sorry that you decided to come to Maine, but since you are here, could you do us a favor? Resign."

In recent days even George W. Bush has been critical of President Trump's response to protests, so this new piece quickly became a trending topic on Twitter. Obviously this is another baseless attack from the lying news media—AKA lügenpresse. Considering how delicate our president's ego is—he's our special little guy—we can only hope that Donald Trump didn't see the letter; but just in case he did, it's worth writing another one to lift his spirits. So here's our best attempt—with lots of pictures and flattery to keep him reading:

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Drew Brees Exemplifies How NOT to Be a White Ally

The quarterback said "I will never agree with anybody disrespecting the flag of the United States of America or our country." And then he tried to apologize. And only made it worse.

Drew Brees, a man who makes literally millions of dollars for throwing a ball, has come under fire for insensitive comments he made about NFL players kneeling during the National Anthem to protest police brutality.

"I will never agree with anybody disrespecting the flag of the United States of America or our country," Brees said in the interview with Yahoo Finance. He clarified that this was in part because he envisioned his grandfathers, who fought in World War II, during the National Anthem. He continued, saying, "And is everything right with our country right now? No. It's not. We still have a long way to go. But I think what you do by standing there and showing respect to the flag with your hand over your heart, is it shows unity. It shows that we are all in this together. We can all do better. And that we are all part of the solution."

This isn't the first time Brees made it clear that he cares more for the idea of a make-believe unified America than he does for actual human lives. In 2016, he criticized Colin Kaepernick for kneeling during the anthem, saying it was "disrespectful to the American flag" and "an oxymoron" because the flag gave critics the right to speak out in the first place.


Colin Kaepernick Kneeling Colin Kaepernick kneeling in protest of racist police brutality


Of course, the flag's alleged ideals have been proven to only be applicable to wealthy, white men—men like Brees. Sure, his grandfathers did a noble thing when they fought under the US flag during WWII, and no one, including Kaepernick, has ever said that sacrifice isn't worth respecting. Thanks to the sacrifices of many people (including the enslaved Black backs upon which this country was built, including the scores of routinely abused Black soldiers who fought for American lives), America has offered opportunity and peace for many, many people. In particular, Ole' Glory has been very kind to men like Brees: rich, white men who still control the majority of the power and the wealth in the United States.

But what about the rest of us, Drew? What about George Floyd whose neck was crushed by a police officer who kneeled on him so casually that he didn't even take his hand out of his pocket? What about Ahmaud Arbery, who was shot for the crime of being Black and going for a jog? What about Breonna Taylor, a black woman who was murdered by police in her home in the middle of the night for a crime that had nothing to do with her? What about Tony McDade, Drew–have you heard his name? Have you heard about the 38-year-old Black trans man who was gunned down in Florida last week? Do you understand why these people's family's may harbor just a bit of disrespect for your precious flag?

Is it possible for you to realize, Drew, that your wish for "unity" is not a wish for progress, but a wish to maintain the status quo? When you call for unity under the American flag, you're talking about your flag, the flag that represents a long, sordid history of racial oppression and violence. There is no unity where there is no justice. When you say that "we are all in this together," what you're saying is that we all have roles to play in the version of society that has served you so well. For your part, you'll be a rich, white man, and for Black people's part, they'll continue to be victims of state-sanctioned murders– but hopefully more quietly, hopefully in a manner that doesn't make you uncomfortable?

When you say, "We can all do better. And that we are all part of the solution," what you mean to say is that POC and their allies are at fault. Sure, you probably agree that Derek Chauvin took it a bit too far, and you probably feel a little self-conscious that he's brought all this "Black rights" stuff up again. But when you say "all," you place blame on the victims who are dying under a broken system. And what, exactly, do you expect POC to do differently, Drew? Ahmaud Arbery was just out jogging, and still he died. George Floyd was just trying to pay a cashier, and still he died. POC and their allies try to peacefully protest by marching in the streets or taking a knee at a football game, and still white people condemn and criticize. Still the police shoot.

After much criticism, Brees did attempt an apology on Instagram, where he posted a hilariously corny stock photo of a Black and white hand clasped together. His caption, though possibly well-intentioned, made it even clearer that his understanding of the movement for Black lives is thoroughly lacking.


Highlights of the "apology" include his immediate attempt to exonerate himself from culpability, claiming that his words were misconstrued, saying of his previous statement: "Those words have become divisive and hurtful and have misled people into believing that somehow I am an enemy. This could not be further from the truth, and is not an accurate reflection of my heart or my character." Unfortunately, Drew, white people like you are the "enemy," as you put it, because by default you are at the very least part of the problem. No one is accusing you of being an overt racist, Drew; no one thinks you actively and consciously detest Black people. But your lack of empathy, your apathy, and your unwillingness to unlearn your own biases are precisely what has persisted in the hearts and minds of well-meaning white Americans for centuries.

Next, you say, "I recognize that I am part of the solution and can be a leader for the Black community in this movement." No, Drew. Just no. Black people don't need white people's savior complexes to interfere in their organizing; what they need is for us to shut up and listen. What they need is for us to get our knees off of their necks.

Finally, you say, "I have ALWAYS been an ally, never an enemy." This, Drew, is suspiciously similar to saying, "But I'm one of the good whites!" The fact of the matter is that feeling the need to prove your allyship is not about helping a movement; it's about feeding your own ego. Not only that, but your emphasis on "ALWAYS" does a pretty good job of making it clear that you don't think you have a racist bone in your body and that you have taken great offense at any accusations to the contrary. I have some news for you, Drew: Every white person is racist. Sure, the levels vary, and while you may not be actively and consciously discriminating against POC, you have been brought up in a racist system, and your implicit biases are as strong as any other white person's. Your job now is to unlearn those biases and confront those subtle prejudices in yourself and in other white people. Maybe the first step in doing so is just shutting your f*cking mouth about kneeling at football games. Maybe you should even consider taking a knee yourself.

For other non-BIPOC trying to be better allies, check out one of these 68+ anti-racism resources.

Guardian Angels Clash with Rioters in NYC: A Better Model for Policing?

While their founder is far from perfect, their model of policing could go a long way to easing tensions

When you imagine a 66-year-old white man taking justice into his own hand to face down looters in the ongoing protests of police brutality, it sounds horrible.

And in many ways Curtis Sliwa, the founder of the Guardian Angels, would probably meet your expectations. He is a brash Republican talk show host who is hoping to unseat Bill De Blasio as mayor in 2021. He's fond of dramatic publicity stunts, he's currently advocating for more aggressive police action to break up the protests...of aggressive police action, and he referred to the East Village Foot Locker he and his fellow Guardian Angels defended from violent looters on Tuesday night as "the jewel in the crown" because he assumes that rioters "were looking for the sneakers, limited edition." In other words, Sliwa is kind of gross, but his organization is surprisingly not.

An unarmed volunteer organization that Sliwa founded in the late '70s to patrol streets and subways in order to deter crime and fight off muggers, the Guardian Angels' ranks were mainly made up of young black and latino men who wanted to fight back against the crime that ravaged their New York City communities. While that vigilante impulse has often led to violence and further injustice, the fact that the Guardian Angels were armed with nothing but their signature red berets and "karate," operating mainly through collective intimidation to deter crime in their own communities, speaks volumes in their favor.

guardian angels back in the day © Stephen Shames/Polaris

It's no wonder the organization grew so quickly, with chapters opening all over the world. Admittedly their prominence has declined somewhat in recent decades, but considering the adoption of hyper-violent vigilante symbols by many police officers, perhaps it's time for the Guardian Angel's model of vigilantism to have a resurgence—or perhaps even to be adopted for official police tactics.

Imagine a world where seeing a police uniform didn't automatically indicate someone with a gun. What if guns were reserved for certain officers and certain situations, and patrol cops relied on numbers, intimidation, and non-lethal force—including but not limited to martial arts (and maybe those sheets that Japanese police roll people up in)—to prevent, deter, and defuse violent crime. And imagine if those cops had close ties to communities they patrolled—actually lived in those neighborhoods—and had that added incentive to resolve situations peacefully.

While some cities have residency requirements for their police, these measures are often not enforced. And even in cities like New York, where police use of guns has declined, the constant threat of possible gun violence heightens tension between police and the communities they're intended to serve—especially when there is no sense that the officers have any investment in the neighborhoods they patrol.

Obviously the danger involved in fighting crime and arresting criminals shouldn't be downplayed—Sliwa and at least one other Guardian Angel were hospitalized with serious injuries following Tuesday night's confrontation with looters—and sometimes firearms are necessary in that work. But considering how many nations' police don't regularly carry guns—and the fact that pizza delivery is technically a more dangerous job—maybe the average beat cop can get by with a kevlar vest, a bodycam, and some martial arts training. Maybe these cops could be part-time or semi-professional—like an officially sanctioned neighborhood watch or citizen patrol with some training, arrest powers, and extra pocket money. If we dramatically scaled down the size of our traditional police forces, then we could afford programs with a less hostile approach to localized patrolling.

Curtis Sliwa and fellow Guardian Angel at West Indian Day parade Curtis Sliwa and a fellow Guardian Angel survey the West Indian Day parade in Brooklyn, 2007

Needless to say this is in no way an endorsement of Curtis Silwa, who faked his own 1980 kidnapping and once had his members spraypaint "KKK" and "White Power" outside their headquarters for publicity. He was and remains a jackass, but even a jackass is entitled to a good idea now and then. And considering the current backlash against excessive force and the militarization of the police, maybe the Guardian Angels' model can point the way for some of the necessary reforms.

Would it solve everything? No. After all, Derek Chauvin didn't even need his gun when he killed George Floyd—only his knee. But we have to do something, and maybe treating our police more like red berets rather than green berets could begin to ease tensions in over-policed neighborhoods—and could start to heal the painful history of oppression and institutional violence in America's minority communities.

Why You Should Reconsider Posting a Black Square on Social Media for #BlackOutTuesday

White people: We need to look to BIPOC leadership before participating in any anti-racist actions, online or otherwise.

As protests against racist police brutality continue across the United States and the world in the wake of the brutal murder of George Floyd, many people are taking to social media to share their support for the Black Lives Matter movement.

Posts shared across Instagram, Twitter, and Facebook include information on how to help protestors, how to financially contribute to black led organizations, how to protest safely in the face of police force, and how to be a better ally to the black community. Much of this is vital information that shows how helpful social media can be when harnessed for good.

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68+ Anti-Racism Resources

Whether you're protesting or donating, here is a list of resources that will help you deepen your understanding of the implications of and history behind the George Floyd protests.

This week's riots in America are overt protests against the murder of George Floyd, but they're also protests against centuries of oppression and state-sanctioned racist violence against Black people.

Whether you're just beginning to learn about prison abolition or are a seasoned member of the fight, it's always important to continue educating yourself—and if you're a white ally, education is not a suggestion; it's mandatory.

Many of these resources are designed with white people in mind. White people are particularly responsible for self-education and for continued action, as white status quo, complicity, and violent silence has continuously perpetuated the brutalization of Black communities and livelihoods.

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Donald Trump's "Shooting" Tweet Is Not Okay—Regardless of the Minneapolis Protest/Riot/Revolution

His language threatens to escalate tensions while Twitter continues to enforce their standards

Shortly after midnight Friday morning, Donald Trump tweeted a message that would prompt the second instance of Twitter "censoring" him for a violation of their policies.

In this case his use of the phrase "when the looting starts, the shooting starts"—in reference to the riots that have taken hold of Minneapolis in the wake of George Floyd's death—was deemed to be "glorifying violence," and the Tweet was hidden. Twitter's decision was based in part on the phrase's connection (intentional or otherwise) to 1960s Miami police chief Walter Headley, who made the phrase famous in conjunction with the statement, "We don't mind being accused of police brutality. They haven't seen anything yet."

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