AS AMERICA BEGINS TO ATONE FOR RACISM, TRUMP EMBRACES IT

It’s been a head-splitting two months since George Floyd died for the sins of white privilege.  Outside of the White House, important Caucasians in all walks of life are suddenly rushing to atone for the totems of racism. 

Aunt Jemima and Uncle Ben have finally been put to rest, a scant 158 years after the Emancipation Proclamation. NASCAR banned the confederate flag. HBO removed Gone with the Wind from its streaming platform. Walmart stopped locking up Black hair products.  The Dixie Chicks drove old Dixie down, and will forever be known as simply the Chicks. 

None of these symbolic gestures, of course, begin to touch the deeply entrenched economic and quality of life disparities based on race. Still, it is hard to remember a point in our history when attitudes on racial injustice changed so dramatically in such a short period of time.  Four years ago, the Black Lives Matter movement’s approval rating hovered around 40 percent.  As of two weeks ago, more than two-thirds of the country supported the BLM protests. One poll showed that 88 percent of white respondents found the protests to be justified.  

With the election only three months away, America faces its most profound racial reckoning since the 1960s. Two opposing forces are at work. One is a sustained and rapidly growing movement to eradicate systemic racism. The other is a racist president, doubling down on the white power ethos that propelled him into office. That we are trapped in this bizarre odyssey more than two decades after the death of George Wallace is depressingly mindboggling.

Donald Trump entered this arena by enthralling his supporters with the racist lie that the nation’s first black president was a Kenya-born Muslim. He’s been playing to that crowd ever since. Yet, anyone who has ever run for office, from student council on up, knows that political resiliency flows from an ability to read your constituency and pivot accordingly.  Trump neither reads nor pivots.  Instead, he clings to his signature bigotry, and is cranking it up several notches.  

As a result, our president is now far to the right of Mississippi Republicans. That party’s governor and legislators just passed a law removing the confederate symbol from the state’s flag. Trump, on the other hand, spent the past several weeks as a national spokesman for confederate flags, monuments and ideology. He has opposed his own military advisors and Senate Republican leaders who support changing the names of military bases named for confederate generals. He insists that preserving the memory of men who fought to retain slavery as a vital part of our “Great American Heritage.”

The Mississippi GOP is by no means the only entity that showed our president up when it comes to shedding the worn and weary cloak of white power. The Washington, D.C. football team, over Trump’s objections, is ditching the “Redskins” nickname.  The NFL, also over Trump’s objections, reversed itself on the practice of players taking a knee during the National Anthem to protest police violence against Blacks. Juneteenth, commemorating the freeing of enslaved people, has been made a paid holiday by a number of states and large companies. The American Medical Association declared racism a public health crisis and called for an end to police brutality against Black Americans. Many corporate leaders have resigned after claims of racism and a toxic organizational culture.

All of this happened since George Floyd’s Memorial Day death under the asphyxiating knee of a white Minneapolis police officer.  Through it all, Donald Trump has stood alone as a force against the dismantling of systemic racism.  He insists it doesn’t exist, an assertion with all of the credibility of his earlier claim that the coronavirus was no big deal and would be gone by April.

So here’s the narrative of Trump’s reelection campaign: An unpopular president, already wounded from his failure to manage a pandemic response, hits the accelerator on racism at the height of a seismic racial justice movement.  Outside of an Ayn Rand novel, the storyline makes no sense.  A Marist poll found that 67 percent of Americans say Trump has increased racial tensions since Floyd was murdered. Why is this guy going full bore on racism while the vast majority of Americans are all in for racial reconciliation?

The answer is quite simple: That’s who Donald Trump is. This president’s belief in white supremacy is the closest he gets to an actual ideology.  On all other issues, Trump formulates a position based not on core values and beliefs, but on whatever he thinks is best for him at the time. His racism, however, has been forever embedded in his heart and soul. 

Back in 1973, the federal Justice Department accused the Trump organization of discriminating against Black Americans at its housing project in Brooklyn. As part of the litigation, Elyse Goldweber, a Justice Department lawyer, questioned the now-president in a deposition. According to Goldweber, Trump walked up to her during a coffee break and said, “You know, you don’t want to live with them either.”

With anyone else, you could say that was 47 years ago, enough time to grow out of that mindset.  Not Donald Trump.  Just last week he sent out this tweet: “I am happy to inform all of the people living their Suburban Lifestyle Dream that you will no longer be bothered or financially hurt by having low income housing built in your neighborhood.”  

Trump lifted an Obama-era requirement that municipalities receiving federal housing funds had to address biased practices connected with low-income areas. His tweet was no dog whistle. The president of the United States was telling suburban white folks that he was protecting them from Black people.  (As The Washington Post’s Eugene Scott noted, most of today’s suburbs are quite diverse, as opposed to the white flight days of the ‘60s and ‘70s, an era Trump equates with greatness.)

Clearly, racism will have more presence on the November ballot than it has had in more than 50 years. Despite all of the polling that shows widespread support for racial equality and justice, Donald Trump believes there is a “silent majority” out there that will give him four more years of bigotry. We’ve got about 90 days to do everything we can to prove him wrong.

BUSTING POLICE UNIONS: NOT A PANACEA FOR REFORM

Less than a month ago, police unions sat, with comfort and arrogance, atop the power pyramid of this country’s labor movement.  Through campaign contributions and endorsements, they curried favor with the politicians who legislate and negotiate their working conditions.  They won job protections most private sector union members could only dream of.

Then, in the eight minutes and 46 seconds it took Minneapolis police to kill George Floyd, all that leverage and power went poof. It may have been the quickest power reversal in labor history. 

Calling for profound structural changes in policing, Minneapolis Mayor Jacob Frey said the first step is to deny police officers the right to bargain collectively.  Black Lives Matter and at least one national labor union have called on the AFL-CIO to kick all police unions out of the country’s labor federation. Scores of progressive commentators have jumped on this binary bandwagon, insisting on the elimination of cop unions (here, here and here). 

I will argue here that the choice is not binary, and that there are far better fixes for this mess than to deny collective bargaining rights to the 800,000 workers – including 175,000 people of color – who police the streets of this country.

Negotiating over employment terms – things like pay, vacation, insurance, discipline and a grievance procedure – is hardly the source of our policing problem. Collective bargaining is content neutral; it is a process, not a result. The content of the agreement produced by that process is largely determined by how much power each side has. 

Mayor Frey’s frustrations are understandable.  Minneapolis’ police union is led by a macho, right wing zealot whose resignation has been demanded by state and national labor leaders.  (Unfortunately, democracy – in a union or a country – is no guarantee that the elected leader won’t be an idiot.) Yet, Frey was being irresponsible and disingenuous when he said collective bargaining had to be abolished in order to achieve meaningful police reform. He, or someone on the city’s behalf, agreed to accept a contract he now says was a bad deal. 

So Mr. Mayor, instead of burning down the union hall, negotiate a better contract.  The power dynamics couldn’t be better for him, and for other cities that want to make it easier to rein in errant cops. A month ago, that wasn’t the case.  The power of police unions flowed from law enforcement’s generally high police favorability ratings. That, in turn, placed a high value on police union endorsements from public officials involved in negotiating contracts and writing laws.  That meant powerful leverage for police unions.

And they used that power well.  Discipline language in police contracts (here and here) goes far beyond the basic standard of fairness and due process used in most private sector labor agreements. For example, many police contracts purge prior discipline from an officer’s record. That means an arbitrator deciding whether to uphold discipline for excessive force will be barred from giving any weight to prior acts of brutality. Other provisions require cops accused of misconduct to be given days or weeks to prepare for an internal investigative interview.  Some contracts prohibit a civilian review board from meting out punishment, and others require police management to complete an officer’s investigation within a defined time period. Since an arbitrator’s job is to enforce the contract, many have overturned discharges on the basis that contractual disciplinary procedures were not followed.

In the three weeks since George Floyd’s murder, the pendulum has swung far and wide, from police union power, to a national consensus favoring massive structural changes in policing.  Polling shows that a substantial majority of Americans support recent protests and want meaningful police reform.  This overwhelming change in public opinion has pulled even Senate Republicans out of their comfort zone. Almost overnight, they developed a sudden dim view of the choke hold and no-knock warrants.

Police union leaders are going through a similar death bed conversion by realigning their goals to comport with the diminution of their bargaining power. The three largest PD unions in California took out full-page newspaper ads this week calling for reducing the use of the force, more officer accountability and a rooting out of racist cops.  Washington, DC police union leaders signaled an interest in loosening some of the contractual restraints on management’s ability to discipline. The national president of the Fraternal Order of Police (FOP), the country’s largest police union, also expressed support for revising disciplinary rules.

The Supreme Court once referred to labor union contracts as “living documents,” meaning the parties can and should modify their agreements as conditions and circumstances change. There is no problem created by collective bargaining that can’t be fixed by more bargaining.  Calling for the abolition of police unions is a grotesque overreach.  More than 90 percent of most police contracts have nothing to do with the issues triggered by the murder of George Floyd.  They cover such matters as pay, clothing and equipment allowance, work schedules, vacations, holidays, sick leave, insurance benefits and drug and alcohol testing.  

The policing problem now before the country, of course, goes far beyond a few incorrigibly abusive officers. The “defund the police” rhetoric of Black Lives Matter, and others, speaks wisely to a need to completely reimagine the role of dealing with public safety.  Why would we want to break all of the police unions before doing the reimagining?  Wouldn’t it be better to involve them in helping to alter the paradigm so that whatever we call them – cops, public safety specialists, social workers, facilitators – they will have an ownership stake in the change?

There has never been a better time to rewrite police disciplinary rules. The old ones were products of a different era, if only weeks in the past.  The union power propelling those lopsided agreements has turned into a public mandate for deep structural police reform.  

As a retired union negotiator, I remember what it feels like to go to the bargaining  table with less power than you’d like.  I also know that the choice in those circumstances is clear:  Sacrifice the merely nice in order to hang on to the essential.  In this case, that means union concessions on disciplinary rules in exchange for the right to continue bargaining collectively. 

That would be a win for both sides, and for the rest of the country.

THE WORDS OF GEORGE FLOYD AND DONALD TRUMP: A PORTRAIT OF AMERICA’S DISGRACE

George Floyd and Donald Trump represent the insidious polarities of black oppression and white privilege, of powerlessness and excessive, abusive power. One was a black man down on his luck, unemployed due to the pandemic, dead due to a white cop who took a knee on his neck. The other is a rich white man packed with privilege, who secured the presidency by trying to make racism great again.

Together, they represent opposing archetypes in our abyss. They demonstrate how far we have fallen from America’s ideals and values, and the enormity of the work needed to restore our country’s soul.  

What follows are the words of both men. In Floyd’s case, they were among his final utterances (here and here) between his Memorial Day arrest and death at the hands of Minneapolis police. In Trump’s case, his words were spoken or tweeted in response to the protests over Floyd’s murder.  Floyd’s remarks are in bold. Trump’s quotes are in italics. Together, they depict a gaping and deeply infected wound in the fabric of American life.  

“Please, man, I’m claustrophobic.”

“My Admin has done more for the Black Community than any President since Abraham Lincoln.”

“I can’t breathe, please.”

“Just spoke to (Minnesota) Governor Tim Walz and told him that the Military is with him all the way. Any difficulty and we will assume control but when the looting starts, the shooting starts. Thank you!”

“My neck, (long guttural groan) my neck.”

“(If protesters had breached the White House fence), they would have been greeted with the most vicious dogs, and most ominous weapons I have ever seen.”

“Please, please, I can’t move.”

“The lowlifes and losers are ripping (cities) apart.”

“Please, the knee in my neck. I can’t breathe.”

“The thugs must be stopped.”

“Can I have some water?”

On a conference call with governors and mayors: “Get a lot of men. You have to dominate. If you don’t dominate, you’re wasting your time. They’re going to run over you. You’re going to look like a bunch of jerks.”

“My stomach hurts.”

“I’m your president of law and order.”

“My neck hurts.”

“When someone is throwing a rock, that’s like shooting a gun. You have to do retribution.”

“Everything hurts.”

“Get tough Democrat Mayors and Governors. These people are ANARCHISTS. . .The World is watching and laughing at you and Sleepy Joe (Biden). Is this what America wants? NO!!!”

“They’re going to kill me.”

“I am mobilizing all available federal resources, civilian and military, to . . .protect the rights of law-abiding Americans, including your Second Amendment rights.”

“Don’t kill me.”

“I am dispatching thousands and thousands of heavily armed soldiers, military personnel . . .to stop the rioting, looting, vandalism, assaults and the wanton destruction of property.”

“Mama, Mama. I can’t breathe.”

Against that backdrop, together with Trump’s declining poll numbers, the 45th president of the United States summoned the news media to the Rose Garden Monday and insisted that he is “an ally of all peaceful protesters.” As he spoke those words, peaceful protesters in front of the White House were being attacked by smoke, flash grenades and tear gas at the hands of riot officers and mounted police. 

The mission, on orders of the Trump Administration, was to clear a path so the president could safely walk two blocks to a nearby church and pose with a Bible for a photo op.  The New York Times reported that the stunt was the idea of his daughter, Ivanka, who accompanied him and pulled the Bible he used as a prop from her $1,540 MaxMara bag.  

George Floyd did not live in the world of photo ops and $1,540 designer accessories. He died after allegedly trying to buy cigarettes with a $20 counterfeit bill. Neither his life nor his humanity mattered to the four police officers who ushered him to his death.  To them, Floyd was, in the poetry of our president, just another “lowlife thug” they needed to “dominate.”

To be sure, a Trumpian testosterone tour of military might is the last thing we need right now. The road to fixing this problem is long and winding. But it necessarily begins with the acknowledgement that black lives matter. It ends only when that truth is fully codified in the policies and procedures of everyday life, and in the hearts of those who hold power.  

Until then, justice and peace will continue to elude us.