
In Jackson, Mississippi, leaders are raising the alarm about a new bill in the Mississippi state-house. And you’re going to want to pay attention too.
In Jackson, Mississippi, leaders are raising the alarm about a new bill in the Mississippi state-house. And you’re going to want to pay attention too.
The fundamental right to vote has been a core value of Black politics since the colonial era — and so has the effort to suppress that vote right up to the present moment. In fact, the history of the suppression of Black voters is a first-rate horror story that as yet shows no sign of ending.
While Democrats and progressives justifiably celebrated the humbling defeat of some of the most notorious election-denying Republican candidates in the 2022 midterms, the GOP campaign to quell and marginalize Black voters has only continued with an all-too-striking vigor. In 2023, attacks on voting rights are melding with the increasingly authoritarian thrust of a Republican Party ever more aligned with far-right extremists and outright white supremacists.
It shouldn’t be forgotten that the insurrection of January 6, 2021, at the Capitol in Washington was also an assault on minority voters. In the post-election weeks of 2020, insurrection-loving and disgraced President Donald Trump and his allies sought to discard votes in swing-state cities like Atlanta, Detroit, Las Vegas, Milwaukee, Philadelphia, and Phoenix. Those were all places with large Black, Latino, or Native American populations. It was no accident then that the overwhelmingly white mob at the Capitol didn’t hesitate to hurl racist language, including the “N” word, at Black police officers as that mob invaded the building.
For years, Republican lawmakers at the state level had proposed — and where possible implemented — voter suppression laws and policies whose impacts were sharply felt in communities of color nationwide. According to the Brennan Center for Justice, “At least 19 states passed 34 laws restricting access to voting,” laws invariably generated by Republican legislators. These included bills to limit early voting, restrict voting by mail, and even deny the provision of water to voters waiting for hours in long lines, something almost universally experienced in Black and poor communities.
While normally pretending that such laws were not raced-based but focused on — the phrases sound so positive and sensible — “voter integrity” or “election security,” on occasion GOP leaders and officials have revealed their real purpose. A recent example was Republican Wisconsin Elections Commissioner Robert Spindell, one of three GOP appointees on the six-person commission that oversees that state’s elections. He openly bragged that the “well thought out multi-faceted plan” of the Republicans had resulted in a dramatic drop in Black voters in the 2022 midterm elections, including in Milwaukee, the state’s largest city, which is about 40% African American. He wrote: “We can be especially proud of the City of Milwaukee (80.2% Dem Vote) casting 37,000 less votes than cast in the 2018 election with the major reduction happening in the overwhelming Black and Hispanic areas.”
How Far Might Voter Suppression Go?
You undoubtedly won’t be surprised to learn that, rather than develop policies attractive to voters of color, the GOP and conservatives generally have chosen the path of voter suppression, intimidation, and gaming the system. And if anything, those attempts are still on the rise. In 2023, less than a month into the new year, according to the Guardian, Republicans across the country have proposed dozens of voter-suppression and election-administration-interference bills in multiple states.
Republican state legislators in Texas alone filed 14 bills on January 10th, including ones that would raise penalties for “illegal” voting, whether committed knowingly or not. More ominously, one Texas proposal would fund the creation of an election police force exclusively dedicated to catching those who violate voting or election laws. That unit would be similar to the draconian election-police unit created in Governor Ron DeSantis’s Florida as part of what is functionally becoming a regime dedicated to a version of right-wing terror. Symbolically enough, for instance, Black ex-felons were disproportionately targeted by DeSantis. Although the campaign was launched with great fanfare, only a few generally confused ex-felons were arrested and most of them had been given misinformation by state officials about their eligibility to vote and were convinced that they had the right to do so.
But DeSantis never really wanted to stop the virtually nonexistent crime of voter impersonation or fraud. His goal, and that of the GOP nationally, has been to strike fear into the hearts of potential non-Republican voters to ensure election victories for his party.
In states like Alabama, Mississippi, and 20 others where the GOP controls both chambers of the state legislature and the governor’s mansion, intimidating voter-tracking police squads could be the next play in an ongoing effort to undemocratically control elections. Such policing efforts would without question disproportionately target communities of color.
While the expected midterm “red wave” of Republican victories didn’t occur nationally in 2022, the same can’t be said for the South. As documented by the Institute for Southern Studies’ Facing South, the GOP actually outperformed expectations, expanding its hold on multiple state legislatures in the region. Prior to the election, analysts had predicted that the Republicans might gain 40 seats across the South; in fact, they gained at least 55. Not only did they take control of at least 25 state legislative chambers — the lone exception, Virginia’s state senate where Democrats retained a two-seat majority — but they also built or maintained supermajorities in legislative chambers in Florida, Kentucky, North Carolina, South Carolina, and West Virginia. This means that even if a Democratic governor is in office, Republican legislators can pass extremist bills into law despite a gubernatorial veto.
None of this is spontaneous, nor is it random. Tens of millions of dollars or more from super-rich conservative donors and right-wing foundations have poured into voter-suppression and election-manipulation efforts. Heritage Action for America, a conservative legislative-writing group linked to the Heritage Foundation, spent upwards of $24 million in 2021 and 2022 in key swing states to help Republicans write bills that would restrict voting, targeting Arizona, Florida, Georgia, Iowa, Michigan, Nevada, and Texas. Consider it anything but a coincidence that the language in voter-suppression bills in those states and elsewhere sounded eerily familiar. As the Guardian reported, at least 11 voter suppression bills in at least eight states were due, in part or whole, to advocacy and organizing by Heritage Action. A New York Times investigation found that in Georgia, “Of the 68 bills pertaining to voting, at least 23 had similar language or were firmly rooted in the principles laid out in the Heritage group’s letter” that offered outlines and details for how to limit voting access.
Contemporary voter suppression efforts, however, go significantly beyond just trying to prevent people from voting or making it harder for them to do so. Credit that, at least in part, to the determination of so many Blacks, Latinos, and Native Americans to vote despite restrictions imposed by the states. Consequently, Republican legislators now seek to control — that is, manipulate — election administration, too. Their tactics include the harassment of election workers, far-right activists seeking positions as election officials, and various other potentially far-reaching legal maneuvers.
In fact, in recent voting, attacks on election workers, officials, and volunteers have become so prevalent that a new national organization, the Election Officials Legal Defense Network (EOLDN), was formed to protect them. EOLDN provides attorneys and other kinds of assistance to such officials when they find themselves under attack.
Meanwhile, a flood of far-right activists has applied for positions or volunteered to work on elections. Neo-fascist Steven Bannon and other extremist influencers have typically called for such activists to take over local election boards with the express purpose of helping Republicans and conservatives win power.
Finally, GOP leaders in multiple states have been pushing an “independent state legislature” doctrine that argues such bodies have the ultimate power to determine election outcomes. They contend that governors, state supreme courts, and even the U.S. Supreme Court have no jurisdiction over non-federal elections. Their fanciful and erroneous reading of Article 1, Section 4 and Article 2, Section 1 of the Constitution suggests that state legislatures can not only overturn the will of voters in a given election but select electors of their choice in a presidential contest, no matter the will of the voters.
In past decisions, Supreme Court Justices Clarence Thomas and the late Antonin Scalia indicated that they were at least open to such a reading. A firm decision on this matter may occur in that court’s current session in the case of Moore v. Harper. Court watchers are split on whether the court’s conservative majority might indeed embrace that “doctrine” in full, in part, or at all in ruling on that case later this year.
Missed Chances
Much of this dynamic of voter suppression is the result of the failure of congressional Democrats to carry two voting rights bills across the finish line. Black activists are all too aware that the Democrats blew the opportunity to pass such legislation during the last two years when they controlled both chambers of Congress, even if by the slimmest of margins in the Senate. The John Lewis Voting Rights Advancement Act (JLVRAA) and the For the People Act (FtPA) were each game-changing bills that would, in many ways, have blunted the massive efforts of Republicans at the state level to institute voter restrictions and other policies that result in the disproportionate disenfranchisement of African Americans, Latinos, young people, and working-class voters generally, all of whom tend to vote Democratic.
The JLVRAA would have restored the power of the Voting Rights Act to prevent the very passage of voter suppression laws taken away by the Supreme Court in 2013 in the case of Shelby County v. Holder. The FtPA would have banned partisan gerrymandering, expanded voting rights, and even supported statehood for Washington, D.C. Those bills were aimed specifically at countering the hundreds of voter-suppression proposals in Republican-controlled state legislatures.
In its final report, the January 6th committee actually blew a chance to highlight the attacks on Black voting rights. That report’s full-scale focus on the role of Donald Trump, who certainly was the key instigator of the insurrectionary events at the Capitol and its chief potential beneficiary, ended up obscuring the role of racism and white nationalism in the stop-the-steal movement that accompanied it and was so crucial to Republican election deniers. It should be remembered, though, that Trump’s central argument and the biggest lie of all was that Black, Latino, and Native American votes should be thrown out in Atlanta, Detroit, Philadelphia, and other urban areas in states like Arizona and Nevada where he was rejected by overwhelming numbers.
Unfortunately, the January 6th report didn’t sufficiently identify white supremacy as a driver of the “stop the steal” movement. Despite the prominence of certain Black faces among the Trump camp, including conservative organizer Ali Alexander, Trump campaign aid Katrina Pierson, and former Georgia legislator Vernon Jones, January 6th, in fact, represented the culmination of months of attacks on Black campaign workers, especially in Atlanta and Detroit. President Trump explicitly fired up white nationalists by name-checking and endangering individual African American election workers as spoilers of his alleged victory.
The movement in some democratic states to follow Trump’s autocratic playbook is now also metastasizing globally. In Brazil, on January 8th, thousands of followers of the defeated far-right former president Jair Bolsonaro attacked government buildings in Brasilia. Newly elected President Luiz Inácio “Lula” da Silva has had to confront a surging wave of election deniers in the early days of his administration. And it’s important to note that Lula’s voters were disproportionately from the north and northeastern regions of Brazil, areas with deep concentrations of Black and indigenous communities.
In the United Kingdom, in 2022, the Conservative Party pushed through legislation that requires photo identification to vote in future elections beginning in May 2023. As with Republican legislation in Texas, student IDs will not suffice, creating a new obstacle for a constituency that tends to vote for the Labour Party. In a country where many working-class people don’t have drivers’ licenses and the state does not easily provide acceptable IDs, voter suppression is operative.
A democracy agenda that recognizes the racial elements of voter suppression and election denial is sorely needed. At the federal level, President Biden and Congressional Democrats should prioritize keeping the issue alive, while forcing Republicans to divulge their undemocratic hand, until the Democrats (hopefully) fully take back Congress in 2024.
At the state level, Democrats who have momentum from their victories in 2022 need to consolidate and strengthen voting-access laws and policies. In Michigan, for example, where the GOP had for years used its control of the state legislature to pass outlandish, racist laws that generated significant harm for Black communities, the recent Democratic sweep should mean a new voting day.
Former President Trump and the rest of his crew, as well as state versions of the same, are sadly enough in a significant, if grim, American tradition. Isn’t it time to focus more energy on how to stop their urge to suppress the Black vote?
History suggests that many are trying to “stabilize” America rather than just pillage her.
Why are America’s plutocrats funding efforts to weaken our democracy and replace it with plutocracy and oligarchy? Is it just about money? Or is there something much deeper that most Americans rarely even consider?
An extraordinary investigative report from documented.net tells how morbidly rich families, their companies, and their personal foundations are funding efforts to limit or restrict democracy across the United States.
In an article co-published with The Guardian, they noted:
“The advocacy arm of the Heritage Foundation, the powerful conservative think tank based in Washington, spent more than $5m on lobbying in 2021 as it worked to block federal voting rights legislation and advance an ambitious plan to spread its far-right agenda calling for aggressive voter suppression measures in battleground states.”
Their efforts have had substantial success, as you can read in Documented’s article.
This effort, of course, is not unique to the one think tank they called out. From Donald Trump all the way down to the lowest Republican county official, efforts to make it harder for what John Adams called “the rabble” to vote and otherwise participate in democracy are in full swing across America.
But why? Why are some wealthy people so opposed to expanding democracy in America?
Most Americans — and lots of editorial writers — are convinced it’s simply because rich folks want to influence legislation to benefit themselves and keep their regulations and taxes down. I proposed a motive like that in yesterday’s Daily Take.
And surely, for some, that’s the largest part of it. But that’s not the entire story.
I can’t claim (nor would I) to know the exact motives driving the various wealthy individuals funding efforts to reduce the Black, Hispanic, senior, and youth vote. But history does suggest that many are trying to “stabilize” America rather than just pillage her.
They are worried that America is suffering from too much democracy.
The modern-day backstory to this starts in the early 1950s when conservative thinker Russell Kirk proposed a startling hypothesis that would fundamentally change our nation and the world. The American middle-class at that time was growing more rapidly than any middle-class had ever grown in the history of the world, both in terms of the number of people in the middle class, the income of those people, and the overall wealth that those people were accumulating.
The middle-class was growing in wealth and income back then, in fact, faster than were the top 1%.Kirk and colleagues like William F. Buckley postulated that if the middle-class and minorities became too wealthy, they’d feel the safety and freedom to throw themselves actively into our political processes, as rich people had historically done.
That expansion of democracy, they believed, would produce an absolute collapse of our nation’s social order — producing chaos, riots, and possibly even the end of the republic.
The first chapter of Kirk’s 1951 book, The Conservative Mind, is devoted to Edmund Burke, the British conservative who Thomas Paine visited for two weeks in 1793 on his way to get arrested in the French revolution. Paine was so outraged by Burke’s arguments that he wrote an entire book rebutting them titled The Rights of Man. It’s still in print (as is Burke).
Burke was defending, among other things, Britain’s restrictions on democracy, including limits on who could vote or run for office, and the British maximum wage.
That’s right, maximum wage.
Burke and his contemporaries in the late 1700s believed that if working-class people made too much money, they’d have enough spare time to use democratic processes to challenge the social order and collapse the British kingdom.Too much democracy, Burke believed, was a dangerous thing: deadly to nations and a violation of evolution and nature itself. Summarizing his debate with Paine about the French Revolution, Burke wrote:
“The occupation of a hair-dresser, or of a working tallow-chandler [candle maker], cannot be a matter of honour to any person—to say nothing of a number of other more servile employments. Such descriptions of men ought not to suffer oppression from the state; but the state suffers oppression, if such as they, either individually or collectively are permitted to rule [by voting]. In this you think you are combating prejudice, but you are at war with nature.”
That was why Parliament passed a law making it illegal for employers to pay people over a certain amount, so as to keep wage-earners right at the edge of poverty throughout their lives.
It was explicitly to avoid too much democracy and preserve the stability of the kingdom. (For the outcome of this policy, read pretty much any Dickens novel.)
Picking up on this, Kirk’s followers argued that if the American middle-class became wealthy enough to have time for political activism, there would be similarly dire consequences.
Young people would cease to respect their elders, they warned. Women would stop respecting (and depending on) their husbands. Minorities would begin making outrageous demands and set the country on fire.
When Kirk laid this out in 1951, only a few conservative intellectuals took him seriously. Skeptics of multiracial egalitarian democracy like William F. Buckley and Barry Goldwater were electrified by his writings and line of thinking, but Republicans like then-President Dwight Eisenhower said of people like Kirk and his wealthy supporters: “Their numbers are negligible and they are stupid.“And then came the 1960s.
These four movements all hitting America at the same time got the attention of Republicans who had previously ignored or even ridiculed Kirk’s 1950s warnings about the dangers of the middle class and minorities embracing democracy.
Suddenly, he seemed like a prophet. And the GOP turned on a dime.
The Republican/Conservative “solution” to the “national crisis” these movements represented was put into place with the election of 1980: the project of the Reagan Revolution was to dial back democracy while taking the middle class down a peg, and thus end the protests and social instability. Their goal was, at its core, to save America from itself.
The plan was to declare war on labor unions so wages could slide down or at least remain frozen for a few decades; end free college across the nation so students would study in fear rather than be willing to protest; and increase the penalties Nixon had already put on drugs so they could use those laws against hippy antiwar protesters and Black people demanding participation in democracy.
As Nixon‘s right hand man, John Ehrlichman, told reporter Dan Baum:
“You want to know what this was really all about? The Nixon campaign in 1968, and the Nixon White House after that, had two enemies: the antiwar left and Black people. Do you understand what I’m saying?
“We knew we couldn’t make it illegal to be either against the war or Black, but by getting the public to associate the hippies with marijuana and Blacks with heroin and then criminalizing both heavily, we could disrupt those communities.
“We could arrest their leaders, raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course we did.”While it looks from the outside like the singular mission of the Reagan Revolution was simply to help rich people and giant corporations get richer and more powerful (and that’s certainly been the effect), the ideologues driving the movement also thought they were restoring stability to the United States, both socially, economically, and — most important — politically.
The middle class was out of control by the late 1960s, they believed, and something had to be done. There was too much democracy, and it was tearing America apart.
Looking back at the “solutions” England used around the time of the American Revolution (and for 1000 years before) and advocated by Edmund Burke and other conservative thinkers throughout history, Republicans saw a remedy to the crisis. As a bonus, it had the side effect of helping their biggest donors and thus boosting their political war-chests.If working people, women, minorities, and students were a bit more desperate about their economic situations, these conservative thinkers asserted, then they’d be less likely to organize, protest, strike, or even vote. The unevenness, the instability, the turbulence of democracy in the 1960s would be calmed.
The key to selling all this to the American people was the idea that the US shouldn’t protect the rights of workers, subsidize education, or enforce Civil Rights laws because, Republicans said, government itself is a remote, dangerous and incompetent power that can legally use guns to enforce its will.
As Reagan told us in his first inaugural, democracy was not the solution to our problems, but democracy — government — instead was the problem itself. He ridiculed the once-noble idea of service to one’s country and joked that there were really no good people left in government because if they were smart or competent they’d be working in the private sector for a lot more money.
He told us that the nine most frightening words in the English language were:
“I’m from the government, and I’m here to help.
”Throughout the 1970s and 1980s, wealthy people associated with Kirk’s and Reagan’s Republicans built a massive infrastructure of think tanks and media outlets to promote and amplify this message about the dangers of too much democracy. As the reporting from documented.net indicates, they’re working at it with as much enthusiasm today as ever.
It so completely swept America that by the 1990s even President Bill Clinton was repeating things like, “The era of big government is over,” and “This is the end of welfare as we know it.” Limbaugh, Hannity and other right-wing radio talkers were getting millions a year in subsidies from groups like the Heritage Foundation, the group documented.net wrote about yesterday.
Fox News today carries on the tradition, warning almost daily about the danger of “people in the streets” or political movements like anti-fascism and BLM.
When you look at the long arc of post-Agricultural Revolution human history you discover that Burke was right when he claimed that oligarchy — rule by the rich — has been the norm, not the exception. And it’s generally provided at least a modicum of stability: feudal Europe changed so little for over a thousand years that we simply refer to that era as the Dark Ages followed by the Middle Ages without detail. It’s all kind of black-and-white fuzzy in our mind’s eye.
Popes, kings, queens, pharaohs, emperors: none allowed democracy because all knew it was both a threat to their wealth and power but also because, they asserted, it would render their nations unstable.These historic leaders — and their modern day “strongman” versions emerging in former democracies like Hungary, Poland, Turkey, Egypt, The Philippines, and Russia — are the model for many of today’s conservatives. And not just because they were rich.
Understanding this history gives us clues to how we can revive democracy in America. Step one is to help people realize that instability, like labor pains before birth, is not a bad thing for a democracy but most frequently is a sign of emerging and positive political and social advances.
Hopefully one day soon our vision of an all-inclusive democracy — the original promise of America, to quote historian Harvey Kaye — will be realized. But first we’re going to have to get past the millions of dollars mobilized by democracy’s skeptics.
I believe it’s possible. But it’s going to take all of us getting involved to make it happen. As both Bernie Sanders and Barack Obama were fond of saying: “Democracy is not a spectator sport.”Tag, we’re it.
Independent Media Institute
This article was produced by Economy for All, a project of the Independent Media Institute.
The House select committee on the January 6 attack released its final 845-page report Thursday, and the word “racism” appears only once throughout the entire document — despite the central role white supremacist groups played in the insurrection. “Those who stormed the Capitol … didn’t merely come in defense of Donald Trump,” says Stanford professor Hakeem Jefferson, an expert on issues of race and identity in American politics. “They came in defense of white supremacy and white Americans’ hold on power.”
Sometimes, the scholarly life means taking delight in unexpectedly relevant news items: a new adaptation…
AP Photo/Brynn Anderson, File
Voters in the November midterms in five states will be balloted on outlawing slavery, more than 150 years after it was abolished after the Civil War.
The landmark 13th Amendment to the US Constitution, ratified on December 6, 1865, officially abolished slavery but allowed it to continue as a punishment in prisons against convicted felons.
Nearly 20 states have constitutions that include language permitting slavery and involuntary servitude as criminal punishments, and voters in Tennessee, Alabama, Louisiana, Oregon, and Vermont will be asked to change the loophole as part of a national push for prison reform, AP reports.
For states in the former Confederacy, the loophole was a tool to maintain the dynamics of slavery, post-abolition, said AP.
More than 80,000 inmates perform prison labor in the US, with the average wage for inmates working for the state prison industry being just 52 cents per hour, according to the ACLU, which says that prisoners produced roughly $2 billion worth of goods and services in 2021.
But in some states, including Alabama, inmates get paid nothing for their work.
Prisoners in Alabama recently went on strike to protest cruel labor conditions. Swift Justice, an inmate at the Fountain Correctional Facility in Atmore, a small town bordering Florida, told Insider’s Taiyler Simone Mitchell, “I’m just a slave. I’m inside the prison system.”
Convicts at the Limestone Correctional facility are placed back onto the chain gang when they leave the prison grounds for their daily labor as road crews in July of 1995 outside of Huntsville, Alabama. The state of Alabama brought back the chain gang to demonstrate to the media and the public that they were tough on crime, even though it is an impractical relic of the past for prison work crews
Andrew Lichtenstein/Corbis via Getty Images
Raumesh Akbari, a member of the Tennessee Senate, told AP that she was shocked to find out that slavery was legal as a form of punishment.
“When I found out that this exception existed, I thought, ‘We have got to fix this and we’ve got to fix this right away.’ Our constitution should reflect the values and the beliefs of our state,” she said.
Talking to the Washington Post, Robert Chase, an associate professor at Stony Brook University and the director of Historians Against Slavery said the amendment that freed the slaves has a clause to re-enslave them.
“For an entire generation, it put Black men and women back into slavery by incarcerating them and selling their labor to private corporations,” said Chase.
Bianca Tylek, executive director of Worth Rises, a criminal justice group working to remove the loophole, told the Post that “The idea that you could ever finish the sentence ‘slavery’s okay when … ‘ has to rip out your soul, and I think it’s what makes this a fight that ignores political lines and brings us together.”
Fox News’ Tucker Carlson recently attempted to twist the words of MSBNC’s Tiffany Cross when she delivered her assessment of the insurrection on the U.S. Capitol.
On Wednesday, October 19, Carlson accused Cross of demonizing white women. During the recent segment, Cross insisted white women played a significant role in the insurrection.
The MSNBC host went on to express how white women were more of “enablers to this very dangerous domestic terrorist movement.”
READ MORE: Tucker Carlson’s latest rant backfires when he accidentally insults Trump
According to HuffPost, white women played a “front-facing role” in the insurrection and more than 100 of them participated in the insurrection. The report also compared white women’s insurrection role to the reemergence of the Ku Klux Klan.
With the emergence of social media, far-right factions now have more outlets to spew hatred and spin conspiracy theories. HuffPost notes that Cross’ assessment appears to align with the historical timelines.
However, Carlson is arguing otherwise. The Fox host, who has been pushing the so-called “great replacement” theories over the last several months, accused Cross of fearmongering.
“So it’s not just whites, it’s white women,” Carlson said. “Their women are bad too! The women, of course, are the key to reproducing the white race, which is clearly a threat, as she says again and again to you and your family. They’re dangerous. They want to hurt you.”
However, he didn’t stop there. Carlson went on to suggest that the assessment was based on one theory: that white women are a danger to the United States.
“The gist of it is very, very clear. White women are dangerous because white people are dangerous. They are, by the nature of their DNA, potential domestic terrorists.”
Watch the video below or at this link:
u201cTucker Carlson went full nazi going after Tiffany Cross, a black MSNBC host. Tucker directly invoked the blood libel in graphic terms and described white women as the key to the “white race.” nnhttps://t.co/YjC0e1qiwNu201d— Alejandra Caraballo (@Alejandra Caraballo)
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READ MORE: Watch: Tucker Carlson levels disturbing attack against VP Kamala Harris
As one might imagine, Yale University’s recent conference on White Christian nationalism and the midterm…
In a series of little noted Zoom meetings this fall, the city of Oakland, California, grappled with a question whose consequences could shape the future of American policing: Should cops be able to kill people with shotgun-armed robots?
The back-and-forth between the Oakland Police Department and a civilian oversight body concluded with the police relinquishing their push for official language that would have allowed them to kill humans with robots under certain circumstances. It was a concession to the civilian committee, which pushed to bar arming robots with firearms — but a concession only for the time being.
The department said it will continue to pursue lethal options. When asked whether the the Oakland Police Department will continue to advocate for language that would allow killer robots under certain emergency circumstances, Lt. Omar Daza-Quiroz, who represented the department in discussions over the authorized robot use policy, told The Intercept, “Yes, we are looking into that and doing more research at this time.”
The controversy began at the September 21 meeting of an Oakland Police Commission subcommittee, a civilian oversight council addressing what rules should govern the use of the city’s arsenal of military-grade police equipment. According to California state law, police must seek approval from a local governing body, like a city council, to determine permissible uses of military equipment or weapons like stun grenades and drones. Much of the September meeting focused on the staples of modern American policing, with the commissioners debating the permissible uses of flash-bang grenades, tear gas, and other now-standard equipment with representatives from the Oakland Police Department.
Roughly two hours into the meeting, however, the conversation moved on to the Oakland police’s stable of robots and their accessories. One such accessory is the gun-shaped “percussion actuated nonelectric disruptor,” a favorite tool of bomb squads at home and at war. The PAN disruptor affixes to a robot and directs an explosive force — typically a blank shotgun shell or pressurized water — at suspected bombs while human operators remain at a safe distance. Picture a shotgun barrel secured to an 800-pound Roomba on tank treads.
While describing the safety precautions taken while using the PAN disruptor, Daza-Quiroz told the subcommittee that the department takes special care to ensure that it is in fact a blank round loaded into the robot’s gun. This led a clearly bemused Jennifer Tu, a fellow with the American Friends Service Committee and member of the Oakland Police Commission subcommittee on militarized policing, to ask: “Can a live round physically go in, and what happens if a live round goes in?”
“Yeah, physically a live round can go in,” Daza-Quiroz answered. “Absolutely. And you’d be getting a shotgun round.”
After a brief silence, Commissioner Jesse Hsieh asked the next question: “Does the department plan on using a live round in the robot PAN disruptor?”
The answer was immediately provocative. “No,” Daza-Quiroz said, before quickly pivoting to hypothetical scenarios in which, yes, just such a shotgun-armed robot might be useful to police. “I mean, is it possible we have an active shooter in a place we can’t get to? And he’s fortified inside a house? Or we’re trying to get to a person —”
It soon became clear the Oakland Police Department was saying what nearly every security agency says when it asks the public to trust it with an alarming new power: We’ll only use it in emergencies — but we get to decide what’s an emergency.
The question of whether robots originally designed for defusing bombs should be converted into remote-controlled guns taps into several topics at the center of national debates: police using lethal force, the militarization of American life, and, not least of all, killer robots. Critics of the armed robo-cops note that the idea of Predator drones watching American racial justice protests may have seemed similarly far-fetched in the years before it started happening. “It’s not that we don’t want to debate how to use these tools safely,” said Liz O’Sullivan, CEO of the AI bias-auditing startup Parity and a member of the International Committee for Robot Arms Control. “It’s a question of, if we use them at all, what’s the impact going to be to democracy?”
Some observers say the Oakland police’s robot plan contradicts itself. “It’s billed as a de-escalation facilitator, but they want to keep it open as a potential lethal weapon,” Jaime Omar Yassin, an independent journalist in Oakland who has documented the commission meetings, tweeted. As with any high-tech toy, the temptation to use advanced technology may surpass whatever institutional guardrails the police have in place. Matthew Guariglia, a policy analyst with the Electronic Frontier Foundation, said, “The ease of use of weapons as well as the dangerous legal precedence justifying the causal use of weapons makes police less likely to attempt to deescalate situations.”
“It in many ways lowers the psychological hurdle for enacting that violence when it’s just a button on a remote control.”
Tu hopes that by cracking down on shotgun robots before they come to be, Oakland and cities across the country can avoid debates about limits on police powers that only come after those powers are abused. She pointed to the Oakland police ban on using firehoses, a bitter reminder of abuses in American policing from the not-too-distant past. “We have an opportunity right now to prevent the lawsuit that will force the policy to be rewritten,” Tu said. “We have an opportunity to prevent the situation, the harm, the trauma that would occur in order for a lawsuit to need to be initiated.”
Skeptics of robo-policing, including Tu, say these debates need to happen today to preempt the abuses of tomorrow, especially because of the literal and figurative distance robotic killing affords. Guariglia said, “It in many ways lowers the psychological hurdle for enacting that violence when it’s just a button on a remote control.”
Oakland police are seeking to use live shotgun rounds in an attachment to the Remotec Adros Mark V-A1, a robot seen here in a standoff where Dallas police deployed the robot in Dallas, Texas, on June 13, 2015.
Photo: Stewart F. House/Getty Images
As the Oakland commission hearing went on, Daza-Quiroz invoked a controversial 2016 incident in Dallas. Police had strapped a C-4 bomb to a city-owned robot and used it to blow up a sniper who’d killed five police officers during a downtown rally. It is widely considered to be the country’s first instance of robotic police killing. While police generally heralded the ingenuity of the response, others criticized it as summary execution by robot. In an email to The Intercept, Daza-Quiroz said the department imagines weaponizing the PAN disruptor on the department’s $280,000 Northrop Grumman Remotec Andros Mark 5-A1 robot — the very same model used so controversially in Dallas.
Daza-Quiroz noted that the department had never actually attempted to load a live round into the PAN gun for fear of breaking the $3,000 attachment. Yet when Tu asked whether the commission could add policy language that would prohibit arming the robot with lethal 12-gauge shotgun rounds, the department’s vision for robotic policing became clearer. “I don’t want to add a prohibited use,” Daza-Quiroz replied, “because what if we need it for some situation later on?”
Daza-Quiroz explained that a hypothetical lethally armed robot would still be subject to the department’s use of force policy. Oakland Police Department Lt. Joseph Turner, stressing the need to keep extreme options on the table for extreme circumstances, urged the commission to allow such a killer robot in case of “exigencies.” He said, “I’m sure those officers that day in Texas did not anticipate that they were going to deliver a bomb using a robot.”
The Oakland Police Department’s assurances that a shotgun-toting robot would be subject to departmental use-of-force policy did not seem to satisfy critics. Nor did the messenger have a record that inspires confidence. A 2013 East Bay Express report on Daza-Quiroz and another officer’s killing of an unarmed Oakland man found that he had been the subject of over 70 excessive force complaints. (One lawsuit prompted a six-figure settlement from the city and the jury ruled for the officers in another; the officers were never charged with a crime, and an arbitrator overturned the police chief’s decision to discipline the officers. Police spokesperson Candace Keas declined to comment on the dozens of excessive force complaints.)
In the wake of the shooting, which prompted protests, the East Bay Times reported that Daza-Quiroz was asked by an internal investigator why he hadn’t used his Taser instead. He responded, “I wanted to get lethal.”
“You have a hammer, everything looks like a nail.”
The concern is, then, less that police would use a shotgun robot in “certain catastrophic, high-risk, high-threat, mass casualty events” — as the tentative policy language favored by the department currently reads — but that such a robot would be rolled out when the police simply want to get lethal. The vagaries of what precisely constitutes a “high-risk” event or who determines the meaning of “high threat” affords the police too much latitude, Tu told The Intercept in an interview. “It’s not a technical term, there’s no definition of it,” she said. “It doesn’t mean anything.” When asked by email for precise definitions of these terms, Daza-Quiroz said, “High risk, high threat incidents can vary in scope and nature and are among the more challenging aspects of law enforcement.”
Critics say such ambiguous language means Oakland police would get to use a robot to kill someone whenever they decide they need a robot to kill someone. The policy has analogues in more routine police work: After shooting unarmed people, officers frequently offer post-hoc justifications that they felt their life was in danger.
“Anytime anyone has a tool, they’re going to use it more,” said Tu. “You have a hammer, everything looks like a nail. And the more that police, in general, have military equipment, have more weapons, those weapons get used.”
After weeks of wrangling, both the commission and the police department agreed on language that will prohibit any offensive use of robots against people, with an exception for delivering pepper spray. The agreement will go for review by the city council on October 18.
Tu suspects the sudden compromise on the killer-robot policy is explained not by any change of heart, but rather by the simple fact that had the debate continued any longer, the department would have missed the deadline for submitting a policy — and risked losing the ability to legally operate its robots altogether.
There is nothing preventing the Oakland Police Department from, as Daza-Quiroz said they will, continuing to push for legally sanctioned killing using a PAN disruptor. No matter how the Oakland policy shakes out in the long term, the issue of robotic policing is likely to remain. “I’m sure Dallas [police] weren’t the only ones who had considered lethal force with their robot before doing so, and Oakland police aren’t the only ones who are thinking about it even more now,” Tu told The Intercept. “They’re just the only ones who thought about it out loud with a committee.”
According to Daza-Quiroz, the department is still looking toward the future. “We will not be arming robots with lethal rounds anytime soon, and if, and when that time comes each event will be assessed prior to such deployment,” he said. When asked if there were other situations beyond a Dallas-style sniper in which police might wish to kill with a robot, Daza-Quiroz added: “Absolutely there are many more scenarios.”
With thousands of Andros robots operated by hundreds of police department across the country, those concerned by the prospect of shotgun robots on the streets of Oakland or elsewhere refer to what they say is a clear antecedent with other militarized hardware: mission creep.
“We’re not really talking about a slippery slope. It’s more like a well-executed playbook to normalize militarization.”
Once a technology is feasible and permitted, it tends to linger. Just as drones, mine-proof trucks, and Stingray devices drifted from Middle Eastern battlefields to American towns, critics of the PAN disruptor proposal say the Oakland police’s claims that lethal robots would only be used in one-in-a-million public emergencies isn’t borne out by history. The recent past is littered with instances of technologies originally intended for warfare mustered instead against, say, constitutionally protected speech, as happened frequently during the George Floyd protests.
“As you do this work for a few years, you come to realize that we’re not really talking about a slippery slope. It’s more like a well-executed playbook to normalize militarization,” said O’Sullivan, of Parity. There’s no reason to think the PAN disruptor will be any different: “One can imagine applications of this particular tool that may seem reasonable, but with a very few modifications, or even just different kinds of ammunition, these tools can easily be weaponized against democratic dissent.”
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