Thread: I was just invited to speak to students at Harvard about how to pursue social justice in the face of pressure to work for wealthy corporations. As I walked on campus, I passed the Arthur Sackler museum, and it got me thinking about how our society defines “crime.”
Sackler built a fortune in part by pioneering new marketing techniques for exploiting drug monopolies and bribing doctors for prescribing his drugs. This was possible b/c U.S. criminal laws permit the rich to hoard even publicly funded patents that could save millions of lives.
We live in a society in which the wealthy have decided that it isn’t a “crime” to watch someone die by hoarding insulin medication developed with public investment but it is a “crime” to take a dose of insulin without paying for it.
As an aside, after he died, Sackler’s family and company caused the opioid epidemic using the bribery marketing techniques Arthur Sackler championed. But the family are still billionaires, and his name adorns buildings in the richest university in the world.
What about the poor? Police and prosecutors have gorged themselves on prosecuting human beings addicted to opioids, putting them in grotesque cages and taking them away from their children and loved ones. They used this crisis to squeeze record budgets for cops and prisons.
I discuss this concept with hundreds of interesting and infuriating examples here. It’s worth reading and thinking about how the concepts of “crime” and “law enforcement” are shaped by people who own things. yalelawjournal.org/forum/the-puni…
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The events described in this article are the kinds of things people experience under fascism. The Texas Attorney General's conduct reflects a complete breakdown in democratic institutions.
The failure of the Department of Justice and the judiciary to prevent authoritarian abuse like this should be an alarming moment for the legal profession. It's the kind of thing that should be front-page news in every paper and emergency conversations in every law class.
Federal "law enforcement" officials are behaving as if this is not an urgent situation. Instead of devoting resources to investigating illegal authoritarian abuse, federal resources in the state are mostly doubling down to help Texas officials fearmonger about the border.
THREAD. The Democratic Party platform presents such a profound crisis if we have any hope of avoiding fascism.
Kamala Harris and other Democrats would essentially only need to say that they will condition aid to Israel on compliance with international law (i.e. follow existing U.S. law on weapons). The refusal to say something so simple presents a point of no return, for a few reasons.
Here is an image of everywhere bombed in Gaza, mostly with U.S. bombs. 100,000s have been killed by conservative estimates in medical journals. The entire infrastructure (schools, hospitals, water, history, etc) destroyed, and many thousands kidnapped, raped, tortured, maimed.
THREAD. A few years ago, we were worried about the hidden epidemic of prosecutor misconduct. Why do so many prosecutors break the law? Why does nothing happen to them? Why does it stay secret? So, we tried to do something. What we found was more shocking than we imagined.
We worked with a group of the country's leading law professors to file ethics complaints against prosecutors in cases where either judges or their own prosecutor offices had already found them to have broken the law. We filed FIFTY of these complaints in New York alone.
A prosecutor breaking the law in a criminal prosecution--which can result in wrongful incarceration and family separation for years--is among the most serious violation of the code of ethics to which lawyers are bound. Ethics boards can discipline them to protect people.
I’m not sure I’ve seen anything more depraved and dishonest in my tracking of the New York Times. In its article about Netanyahu’s speech, it not only fails to report that Netanyahu flagrantly lied, but it repeats the lie with no acknowledgment Israeli media has proven it false.
You can read more about some of the most astonishing lies, and the grotesque applause for them here. But how is the reaction of a *newspaper* simply repeat the lie. It's some of the most shameful complicity in genocide imaginable, and yet normal.
Instead, one of the most fascist moments in U.S. political history--adoring applause and chants for obvious, knowable lies in support of genocide--is portrayed as "forceful" without any correction of the lies. It's a breathtaking low point for @anniekarni and @SangerNYT
In a landmark federal court victory yesterday, we won our 1st Amendment lawsuit against New York judges and officials concerning secretive ethics proceedings against prosecutors. In most cases no one knows why the state does nothing when DAs break the law. Much more to come...
This work--to shed light on how officials in the punishment bureaucracy, from police to prison guards to prosecutors to probation officers to judges, evade accountability at every level--is more and more vital in times of rising authoritarianism.
The work that @CivRightsCorps and a number of amazing law professors across the U.S. are doing to enforce basic norms of accountability and transparency is more vital than ever. You can read more at accountabilityny.org
THREAD. One of the things I explore in my new study of the propaganda surrounding police body cameras in the U.S. media and by Democratic politicians are its similarities to both international development propaganda and colonial counterinsurgency strategy.
As James Ferguson has shown in one of the seminal studies of the issue, decades of discourse about “reforming” the bureaucracy of international development follows a similar pattern.
Observers acknowledge the continuous failures of international government and non-profit aid to end poverty, make the world meaningfully more equal, or prevent ecological catastrophe.