THREAD: In Oregon 100s remain imprisoned based on a KKK-era law to silence Black jurors. Last week, Chelsea Clinton called upon Oregon's Attorney General to topple this law. Here's the Attorney General claiming she's doing all she can. Shes not. Time to set record straight. More:
https://twitter.com/ORDOJ/status/1389754265271357443
First, a background on the law: Most think of the KKK in terms of physical violence. Intimidation. But they also used legal & legislative process to pass laws exacting legal violence. In Oregon they pushed a law to silence jurors. "Non-unanimous juries."
In Louisiana in 1898, the KKK pushed non-unanimous juries to “establish the supremacy of the white race" & “ensure African-American juror service would be meaningless.” In 1934, Oregon joined them. At the time of the law’s passage there were *34,000+ active KKK members in Oregon. 
Impact: Black people are already less likely to be selected to be on a jury. More likely to be accused of crime. Non-unanimous juries led to disproportionate convictions. *They would have never been convicted & sent to prison anywhere else in the country.* The KKK got their way.
Current Oregon Attorney General Ellen Rosenblum was once a state judge. Presided over countless non-unanimous juries. Sentenced Terrence Hayes to 13 years in 2004. "While I was not kidnapped by white men in hoods, I was caged because of their law." usatoday.com/story/opinion/…
The impact of non-unanimous Jim Crow juries has not only been felt by those locked up because of them. Non-white jurors were demoralized. Attacked by their "peers." Shut up. Silenced. Cash Spencer: “It breaks my heart. The system is not built for me.”
Enter Calvin Duncan. Former jailhouse lawyer wrongfully imprisoned for close to 30 years. Learned about non-unanimous juries while inside. When released in 2011, he didn't relax. Filed petitions to the U.S. Supreme Court 22 times over 7 years. Denied every time. He kept fighting.
Finally, in 2019, on Calvin's 23rd attempt, the Supreme Court agreed to hear the case to end non-unanimous verdicts.
Most of Oregonian's significant leaders past & present joined a powerful brief asking the Supreme Court to topple this law. But not Oregon AG Ellen Rosenblum.
Most of Oregonian's significant leaders past & present joined a powerful brief asking the Supreme Court to topple this law. But not Oregon AG Ellen Rosenblum.
Instead of joining Oregon's most powerful leaders--bipartisan--to petition the Supreme Court to finally topple the racist stain on Oregon's past/present, *Oregon Attorney General Ellen Rosenblum joined LOUISIANA* to ask the Supreme Court to keep the racist law alive & thriving.
Fortunately, the Supreme Court didn't listen to Oregon Attorney General Ellen Rosenblum. In April 2020, the they finally acknowledged what was long obvious: This racist law was unconstitutional. Gorsuch wrote opinion. Here's Calvin Duncan celebrating on the Supreme Court steps:
Despite her fight in the Supreme Court to maintain the racist status quo, Oregon Attorney General Ellen Rosenblum, still claimed to be happy about the ruling. Called it "important & welcomed." To move past an "embarrassing stain on our progressive state." But she kept fighting.
Ramos v. Louisiana only applies to future cases. So Ellen Rosenblum is fighting every single person convicted in the past from having the opportunity to have a new, fair trial. Calvin Duncan: "It's sad that a person with so much power can just let those people remain in prison."
Ellen Rosenblum told Chelsea Clinton she asked courts for retrials for 400. No: Over her strenuous objection, Justice Gorsuch and the Supreme Court's decision *mandated these retrials.* No choice. But she's fighting every case she can. How? Read on:
https://twitter.com/ORDOJ/status/1389754330773811204?s=20
Right now, the Supreme Court is deciding whether their ruling in Ramos v. Louisiana (outlawing racist non-unanimous jury verdicts in Oregon) will apply retroactively. To past cases. Once again, Oregon AG Ellen Rosenblum has asked the Supreme Court to block Justice for Oregonians.
Right now, Oregon Attorney General Ellen Rosenblum is claiming she's merely "awaiting guidance" from the Supreme Court before applying retroactive justice. Not only did she file a brief arguing *against retroactive justice, but is fighting every single current request for relief.
Right now, in Oregon state courts, Oregon AG Ellen Rosenblum is raising legal things called "affirmative defenses" to block claims for relief for those imprisoned bc of a KKK law. That they're too late. Or too early. Or that they previously asked for justice so can't again.
Right now, in Oregon state courts, AG Ellen Rosenblum is arguing in case after case that the Supreme Court's unjust & overly restrictive law on retroactivity (nearly impossible to overcome) governs Oregon law. But it's still very much an open question. Oregon could be better.
There are other arguments Oregon Attorney General Ellen Rosenblum is raising in case after case. Bottom line question: How could she? How could she acknowledge the racist stain of non-uanimous juries on Oregonians yet do everything in her power to maintain that very racist stain?
How can Oregon Attorney General Ellen Rosenblum "promise to Oregonians...that I will continue to review cases through the lens of Justice and Fairness" when she's fighting every single case that she has acknowledged are based on verdicts that undermine "Justice and Fairness?"
How can Oregon Attorney General Ellen Rosenblum say she's "confident we’ll work together to right the wrongs of past injustice & achieve a more equitable state" when she's literally the only person who both has the power to "right the wrongs" & is refusing to "work together"?
Fact: Ellen Rosenblum can act. Right now. Her claim that she must wait on the ultra-conservative Supreme Court for direction on Justice in Oregon is both false & a supremely dangerous precedent to set. As Chelsea Clinton put it: State leaders can/must act:
https://twitter.com/ChelseaClinton/status/1389301572618838017?s=20
Ellen Rosenblum's claims that it's not her place to take a stand is ludicrous. There is precedent for Rosenblum taking a stand that went against existing Oregon law. In 2014, Rosenblum refused to defend Oregon’s then-current ban on same-sex marriages in court. She knows this.
A growing chorus. Director of ACLU: Ellen Rosenblum stopped defending Oregon's same-sex marriage ban bc "she knew defending the law was wrong. Now, she should do justice by refusing to defend Oregon’s unconstitutional convictions by non-unanimous juries." portlandmercury.com/blogtown/2021/…
Human Rights Watch (@hrw) wrote AG Ellen Rosenblum a powerful letter calling her failure to use her power to allow people convicted by a racist KKK law to have a fair trial unburdened by discriminatory juries “inconsistent w/ international human rights standards." Just wow.
There is now a new coalition of over 40 organizations, including Oregon's ACLU (@ACLU_OR), calling on otherwise "progressive" Oregon AG to use stop fighting relief for hundreds still caged simply bc they were unlucky enough to get convicted too long ago. portlandmercury.com/blogtown/2021/…
Over 30,000 people have signed this petition, calling on Oregon Attorney General Ellen Rosenblum to use her power to stop opposing retroactive justice to hundreds still imprisoned based on a law everyone including Rosenblum acknowledges is racist.act.colorofchange.org/sign/People_st…
All Oregon advocates are asking for from Ellen Rosenblum is she stop opposing requests from hundreds still in prison. That she listen to her community, the local ACLU, Human Rights Watch, people & families directly impacted. That way, local DA's can then decide whether to retry.
What you can do: Please watch & share this video, featuring Calvin Duncan, the former jailhouse lawyer & law student, who got the Supreme Court to strike down non-unanimous juries & say they're racist.
What you can do: Please watch & share this video, featuring Cash Spencer, a juror whose voice was silenced by a system designed to silence the opinions of Black jurors so the KKK could convict whoever they wanted to.
What you can do: Please sign/share this petition calling on Oregon Attorney General to do the only thing that is right--for her & other state leaders--and use the power she has to do her part to end systemic racism & injustice. Critical now more than ever.act.colorofchange.org/sign/People_st…
What you can do: Visit the Still in Prison Coalition website below, follow @stillinprison on Twitter, and sign up for updates. If you're a journalist, please get in touch & I'll forward you on to the right person to speak with. stillinprison.org
For now an epilogue: In addition to continuing to fight for justice, Calvin just finished his 1st year of law school at Lewis & Clark. "I'm 57 years old. It's a dream come true." Calvin walking to class.
Wish Oregon Attorney General Ellen Rosenblum would walk the walk as well.
Wish Oregon Attorney General Ellen Rosenblum would walk the walk as well.
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