Anti-Israel protestors vandalize Henry Moore sculpture on our campus, battle with police

October 12, 2024 • 11:00 am

It’s been quiet at the University of Chicago—too quiet!  We almost got through Students for Justice in Palestine’s “week of rage” without nary a megaphone blaring or any graffiti painted on campus walls and sidewalks. But, as I predicted, this was not to last. With Hamas losing the war with Israel, and all universities refusing to divest their endowment from any Israel-related companies, the protestors were bound to get even more enraged than last year.

They’re already back at it at Columbia University, and yesterday afternoon the terrorism-lovers struck our campus again. One of their targets was a famous Henry Moore sculpture on campus called “Nuclear Energy.” It sits on the site of the world’s first nuclear reactor, built by Fermi and his colleagues underneath the old Stagg Field, an athletic field. Wikipedia gives the themes of this work:

Moore cited a number of inspirations for the sculpture, from earlier works with similar forms to natural objects like stones. About the shape of the sculpture, Moore said:

When I had made this working model I showed it to them and they liked my idea because the top of it is like some large mushroom, or a kind of mushroom cloud. Also it has a kind of head shape like the top of the skull but down below is more an architectural cathedral. One might think of the lower part of it being a protective form and constructed for human beings and the top being more like the idea of the destructive side of the atom. So between the two it might express to people in a symbolic way the whole event. (Henry Moore quoted in Art Journal, New York, Spring 1973, p.286)

Moore’s work explores the hopes and fears of the Atomic Age. The potential of controlled nuclear power or a nuclear holocaust is tied to the historical events of the site with the iconography of a mushroom cloud or skull, supported by pillars topped by arches like a protective cathedral. Interviews with Moore highlight the dual nature of the top and bottom portions of the sculpture, meant to represent the creative and destructive power possible with nuclear energy. An abstract sculpture was chosen by the University to highlight the importance of the events at the site, and their implications for humanity, rather than the importance of Fermi in bringing them about.

Curiously, this campus attraction draws a lot of Japanese tourists, who visit it by the busload, competing to have their picture taken in front of the mushroom cloud.

But yesterday, the enraged activists covered it with red paint and then spray-painted “FREE GAZA” on the sidewalk beside it. Here’s a picture taken by a member of the University community, who sent it to me.  What on earth do the protestors think they are accomplishing by doing this? They sure aren’t enlisting sympathy. They are simply acting out, like the petulant toddlers they are.

The person who took the photo sent it to me along with this email (all words and photos are used with permission):

I just came back to work to find this (see attached). It is probably a very good thing that I was not around a few minutes ago.
The protestors are now one block down and I cannot see any signs of arrests having been made, regardless of heavy UC and City police presence. About one hundred and fifty children of privilege, calling the UC Police “the KKK’. To their face—with most officers present being black. We are dealing with imbeciles of a species the world has never seen before.
Every single student involved in the desecration of this monument needs to be expelled, ipso facto. The whole lot.

Another member of the University community weighed in, and sent some photographs as well:

Today at about 3pm, pro-Palestine protesters forcefully attempted to lock the University gate on 57th Street with chains and padlocks. Two brave UChicago police officers fought back and were able to prevent that. Police cars joined the scene shortly afterwards. I was about to walk through the gate when this happened.

Actually, according to the news report below, they protestors did lock the gate.

Below: the photos (captions are mine). The protestors put their signs on Hull Gate, which is right outside my building, and then tried to lock the gate so their signs would be visible and conspicuous (see more below):

Both campus cops and Chicago city police were on the site. Here two campus cops try to prevent the protestors from locking the gate, the main entry from the north to the Quad:

Note that many of the protestors are masked. That is not for health reasons, but because they are cowards, fearful of being identified because they might be punished. Many are also wearing keffiyehs, sometimes described as “swastikas for hipsters”.

Whoops—there’s a coward inside the gate:

Masks everywhere. I can’t tell you how reprehensible I find acts of civil disobedience that are not only not peaceful, but whose perps try to disguise themselves:

The outside. Whoops, we have an identifiable human here:

More from outside the gate. My building is to the left, and the Anatomy building, housing Organismal Biology and Anatomy, is to the right:

University of Chicago cops on the scene:

The student newspaper, the Chicago Maroon, did a live-stream report on the protests that is now a full news report. There were student scuffles with cops, three arrests, and reports that police used batons and pepper spray. Here are a few indented excerpts from the news, with my words flush left.

A UChicago United for Palestine (UCUP) rally saw three protesters arrested and physical altercations between protesters and officers. Earlier, protesters locked Cobb Gate using a bike lock despite UCPD’s efforts to keep the gate open. During the rally multiple police officers used pepper spray and batons. Protesters damaged UCPD vehicles and kicked at least one officer.

The rally, which began with a walk out at 2:30 p.m., morphed into a brawl that involved at least 200 University- and community-affiliated protesters, 20 University of Chicago Police Department (UCPD) officers, and 30 Chicago Police Department (CPD) officers.

Deans-on-Call informed UCPD at approximately 2:15 p.m., that the University had “zero tolerance” for excessive noise before attempting to hand out warning cards to protest leaders using bullhorns to lead chants on the quad at 2:45 p.m. The cards read, “FINAL WARNING: This card serves to inform you or your student organization that your conduct is violating policies outlined in the Student Manual.” The cards also contained four QR codes linked to relevant University policies, which were updated in advance of the beginning of the academic year. Protesters refused to accept the cards.

The Deans-on-Call have always been useless in these altercations. From the lack of punishments last year, the protestors know that “zero tolerance” really means “infinite tolerance.”

. . . At approximately 3 p.m., protesters marched from the center of the quad and proceeded through the Hull and Cobb Gates on the north end. Once all protesters had passed through Cobb Gate, protesters pushed the gate closed and secured it with a bike lock despite police attempts to stop them. They also hung a banner on the gate that read “Free Palestine” and “Hands Off Lebanon.”

By this point, the protest had grown to include over 150 people, spilling out onto East 57th Street. Protesters allowed space for cars to pass through, but UCPD patrol cars blocked the street on both ends.

Protesters told police officers “Pigs go home” and chanted “Intifada, intifada, long live the intifada.”

The “intifada” is an armed uprising of Palestinians against Israel. The protestors want that, and doubtless many of them are proud of the butchery of October 7.

At 3:15 p.m., protesters left Cobb Gate and proceeded north on S. Ellis Avenue. They stopped in front of the Nuclear Energy Sculpture next to the Regenstein Library, at which point some protesters threw paint on the statue and wrote graffiti in the surrounding area that read “Free Gaza,” “hands off Lebonan” [sic], and “fuck the bombs.” CPD officers arrived on scene, joining at least 20 UCPD officers. Some were in riot gear and carried batons and zip-ties.

At approximately 3:30 p.m., the protest moved further north along the street, stopping between Ratner Athletics Center and the Court Theater. Police searched for and then tackled and detained one protester, whom they put into a patrol car. Protesters attempted to prevent the detainment, physically confronting officers. The Maroon was unable to confirm why that protester was detained.

Other protesters began chanting “Let him go!” and surrounded the patrol car that held the detained protester. An officer attempted to drive the UCPD patrol car away from the scene but was blocked by the crowd of protesters. Officers and protesters continued to push against each other.

Another protester struck the side mirror of a separate police car several times with what appeared to be a rock and then rejoined the crowd.

As tensions escalated, a third protester kicked a CPD officer in the back of his leg. Officers attempted to detain the protester, hitting him with a baton. They chased him briefly and tackled him halfway down the block, at which point they detained him and placed him into a patrol car.

The attack on cops takes the protest out of the realm of civil disobedience, which is supposed to be peaceful protests. And of course rule #1 of that type of demonstration is NEVER HIT A COP.

Officers used pepper spray on protesters, who were seen afterward rubbing and washing their eyes with water. One student told the Maroon that he was pepper sprayed by an officer who had “harassed students at the encampment.” A Maroon reporter witnessed a UCPD officer inadvertently pepper spraying a Chicago Police Department Captain, an incident which the UCPD officer later apologized for.

I don’t know about the pepper spray, but I saw the encampment taken down, at least the beginning of it, and I saw no harassment of students by the University police.

At approximately 3:45 p.m., protesters began dispersing north along South Ellis Avenue, south towards the quad, and through the SMART Museum courtyard. One CPD officer remarked to gathered officers, “that was fun for a little while.” Shortly after, CPD and UCPD officers also dispersed. By 4 p.m., the lock on Cobb Gate was removed and the gate was reopened.

And of course the mess around the sculpture, involving painted vandalism, had to be cleaned up by workers from Facilities. The protestors don’t care that workers have clean up after them.

The University issued a statement (below) that seems to me a bit ambiguous. Yes, university policiers prohibit disruptive violations and destruction of property, but what will happen if (as happened during the last academic year) the arrested protestors have their charges dropped by the Chicago district attorney, who seems sympathetic to the protests?  Here’s the statement:

According to a University spokesperson, “the University of Chicago is fundamentally committed to upholding the rights of protesters to express their views on any issue. At the same time, University policies make it clear that protests cannot jeopardize public safety, disrupt the University’s operations, or involve the destruction of property.”

This year, I hope, the University will actually enforce violations of the law and of university regulations. As far as I know, despite arrests and dismantling of the encampment last academic year, in the end not a single student was punished. Last spring I recounted four protests by Students for Justice in Palestine and their umbrella organization, UChicago United, and yet though all of these constituted legal or university violations, not a single student was punished. 13 of them had their degrees withheld, but they all got them reinstated after a short while. And though a sit-in in the admissions office led to the arrest for criminal trespassing of 28 people by Chicago Police (18 undergraduates, eight graduate students, and two professors), all the charges were dropped.

As far as I know—and there may be proceedings of which I’m unaware—the only punishment meted out the entire academic year was a mild rebuke to Students for Justice in Palestine–just a note on their record that if they continue to violate university regulations, there may be trouble for them in the future.

Frankly, I’m tired of the University proclaiming that violations will be punished, but then doing nothing about it. I don’t want to live through another year with protestors illegally shouting through megaphones during class hours, spraying graffiti on University walls, and holding sit-ins in University buildings.  Many of us feel that the University, despite eventually dismantling the illegal encampment, is doing as little as it can to punish protestors—perhaps because they don’t want the attention. But if this kind of mishigas continues, it will eventually lead to more attention focused on the University of Chicago, and perhaps, as has happened at Harvard, a decline in the number of Jewish students applying for admission.

A visit to Robben Island

September 8, 2024 • 8:15 am

If all goes well I’ll be flying home this evening, changing planes in Dulles after a 15-hour flight, and arriving in Chicago tomorrow morning. I’ll be a wreck, of course, but that’s expected after a long trip like that. Regular posting here will begin after I start recovering from jet lag.  But today we have a post on my visit (more of a pilgrimage, really) to Robben Island.

Like Alcatraz in San Francisco Bay, South Africa’s Robben Island has, in the last hundred years or more, served as a repository for the most ostracized of criminals, though Robben is most famous for the last century’s political prisoners rather than common criminals. And, of course, the most famous among these was Nelson Mandela, who spent 18 of his 27 years of incarceration on Robben (see his cell below).

And, like Alcatraz, Robben is within viewing distance of a lovely city (it’s 11 km from Cape Town), which of course would tantalize the prisoners, who could see freedom so close but still unattainable. Below is a Wikipedia aerial photo of Robben Island, with Cape Town and Table Mountain in the distance. The prison is the group of buildings directly in line with the wharf.

As far as I know, only one person, the black political prisoner David Stuurman, escaped from Robben Island. That was in the early 19th century, and he did it twice, by boat.  He eventually was deported to Australia, where he died. But, like Alcatraz, nobody is known to have escaped Robben by swimming. The water is cold and the distance to Cape Town is great.

Note that Robben is only a few meters above sea level, and its height is decreasing with global warming causing a rise in sea level.

South African Tourism from South Africa, CC BY 2.0, via Wikimedia Commons

Robben Island is a UNESCO World Heritage site, so designated because of its “outstanding universal value”. The UNESCO page says this:

Robben Island was used at various times between the 17th century and the 20th century as a prison, a hospital for socially unacceptable groups, and a military base. Its buildings, and in particular those of the late 20th century maximum security prison for political prisoners, testify to the way in which democracy and freedom triumphed over oppression and racism.

What survives from its episodic history are 17th century quarries, the tomb of Hadije Kramat who died in 1755, 19th century ‘village’ administrative buildings including a chapel and parsonage, small lighthouse, the lepers’ church, the only remains of a leper colony, derelict World War II military structures around the harbour and the stark and functional maximum security prison of the Apartheid period began in the 1960s.

The symbolic value of Robben Island lies in its somber history, as a prison and a hospital for unfortunates who were sequestered as being socially undesirable. This came to an end in the 1990s when the inhuman Apartheid regime was rejected by the South African people and the political prisoners who had been incarcerated on the Island received their freedom after many years.

Criterion (iii): The buildings of Robben Island bear eloquent witness to its sombre history.

Criterion (vi):Robben Island and its prison buildings symbolize the triumph of the human spirit, of freedom and of democracy over oppression.

But really, I think that if Nelson Mandela hadn’t spent 18 of his 27 years in prison on Robben, and then gone on to win a Nobel Peace Prize and become President of South Africa as well as President of the African National Congress, then Robben wouldn’t be nearly as well known, or have become a tourist destination.

I went mainly because of Mandela, and especially to see the conditions he endured for 18 years. He is one of my heroes, and his refusal to promulgate divisive hatred after he was released and became President is one of the great conciliatory and humane gestures of history.

But we should remember that many other political prisoners—some of them very well nown—were housed there, too, often for decades. It was the maximum-security prison for blacks and Asians that the white government considered especially dangerous (no white prisoners were housed there, though all the guards were white).  And now that South Africa is a democracy, the site could indeed be feted as more than a place where Mandela was imprisoned: it could be seen as demonstrating the triumph of the human desire for freedom over bigotry and authoritarianism.

Tours to Robben Island take about 3.5 hours, with 1.5 hours or so traveling to the island and the other two hours for the tour, which consists of a bus drive around the island followed by a tour on foot with a guide, often a former inmate. You’re advised to book in advance, as the slots sell out quickly (I booked two weeks in advance.)

It was an overcast day, with clouds floating around Table Mountain, but the views of Cape Town and surrounding mountains were still spectacular both entering and leaving the harbor. As you can see, Table Mountain is flat like a table, looming high above the city. Taking the cable car to the top for the view is a must-do for visitors, but, sadly, I just couldn’t fit it in.

Below is the entry to the prison complex as well as the rest of the island, which still houses a town for those who maintain the site.  There is also a colony of African penguins (the same species as in Cape Town), as well as assorted smaller wildlife (see below).  Sadly, as in other places in South Africa, the penguin population is declining, almost certainly because of competition from human overfishing.

Below is the entrance to Robben Island, though I’m not at all sure it’s what the entrance looked like in the days of apartheid.  The site “Shadows on the Grass” says this about the entrance, and then goes on to describe how poorly the prisoners were treated:

These are the words written above the entrance gate to Robben Island. A sort of sick irony and blatant lie, symbolic of the methods used by the apartheid regime to try and break the spirit of the political prisoners from 1961 to 1991.

. . . . Originally named Robbeneiland, Dutch for Seal Island, the low lying kilometre wide piece of land is arid with no water sources. From 1836 to 1931, the island was used as a leper colony (Hansen’s Disease) and during the second World War, allied forces used it as a gun fortification.

During apartheid, the regime converted Robben Island into a maximum security prison. Between 1961 and 1991, over three thousand men was [sic] incarcerated for political crimes, including the former president and Nobel Laureate Nelson Mandela.

. . . The visitor center, near the front gate was used by prisoners as often as once every six months. Visits must be booked a year in advance, even though they lasted only a half hour in length. Often times, to break the spirits of the captives, guards would tell family members who had travelled from as far away as Namibia, JoBerg, and Natal that their loved ones were ill and could not come see their relatives behind the glass. At the same time they might tell the prisoners that the family had missed the ferry or could not afford the train down to Cape Town. Additionally, all conversation between visitors had to be conducted in Afrikaans or English, the languages of the guards- not their native tongues like Xhosa, isiZulu et… We also stopped at the lime quarry where prisoners like Madiba [Nelson Mandela] worked for 13 years in blinding light without protection or shoes. Many of the former prisoners have undergone eye procedures to correct sun and dust damage.

Our guide (see below) says that because many prisoners could speak neither Afrikaans nor English, and couldn’t speak their native languages under any circumstances when the guards were listening, the yearly half-hour visits were often conducted in silence.

A graveyard (taken from a fast-moving bus) where inhabitants of the island are buried. I’m not sure if any of these are prisoners as opposed to others who worked on the island or sufferers from leprosy (Hansen’s Disease):

Here is the limestone quarry where the prisoners worked—for many hours a day.  There was no need to have them do this, but the hard labor was consider part of their punishment. The harsh sunlight and glare from the rocks, combined with rock dust, hurt the eyes of many prisoners, including Mandela. 

Below: our guide, who was also a political prisoner. I asked him how long he spent on the island and he said “eighteen years”—the same as Mandela. He added that he was in as a political prisoner and also for having a firearm.

In the famous Rivonia Trial of 1964, Mandela and seven others were sentenced to life imprisonment for sabotage and conspiring to overthrow the government through violent acts. Mandela admitted to sabotage but denied the other charges, and gave a famous three-hour speech, called “I am prepared to die” when the defense presented its case. This is the speech’s ending:

During my lifetime I have dedicated my life to this struggle of the African people. I have fought against white domination, and I have fought against black domination. I have cherished the ideal of a democratic and free society in which all persons will live together in harmony and with equal opportunities. It is an ideal for which I hope to live for and to see realised. But, My Lord, if it needs be, it is an ideal for which I am prepared to die.

Mandela was to serve 18 years (1964-1982) on Robben Island and then spent 8 more years in two mainland prisons. He was finally released in 1990.

Besides working in the limestone quarry, the prisoners spent many days sitting the the courtyard outside their cell, breaking rocks. Here’s a photo of a photo hanging on the wall of the prison, showing the rock-breaking. This is the same courtyard where Mandela got the prison to allow a small garden, which, not coincidentally, is where he buried his political writings. See below for a modern view.

In memory of those times, Mandela, revisiting the island, put down a single rock, which was supplemented by single rocks added by other re-visiting prisoners. The picture and caption below show the rock pile from the Wikipedia article on Robben Island:

(from Wikipedia): Rock pile started by Nelson Mandela and added to—one rock at a time—by former prisoners returning to the island. Credit: D. Gordon E. Robertson, CC BY-SA 3.0 , via Wikimedia Commons

Below: the house on the left was that of Robert Sobukwe (1924-1978), another anti-apartheid activist described by Wikipedia:

In March 1960, Sobukwe organized and launched a non-violent protest campaign against pass laws, for which he was sentenced to three years in prison on grounds of incitement. In 1963, the enactment of the “Sobukwe Clause,” allowed an indefinite renewal of his prison sentence, and Sobukwe was subsequently relocated to Robben Island for solitary confinement. At the end of his sixth year at Robben Island, he was released and placed under house arrest until his death in 1978.

But for reasons that are unclear, Sobukwe had privileges that other prisoners didn’t, although, unlike other prisoners, he was kept in solitary confinement.

Sobukwe was kept in solitary confinement but enjoyed a unique prisoner-plus status; he was permitted certain privileges including books, magazines, newspapers, civilian clothing, etc. He lived in a separate area on the island and was strictly prohibited from contact with other prisoners, though Sobukwe was able to communicate sporadically through visual signals while outside for exercise.

His house is the big house to the left; I presume the other buildings contain individual cells.

The buildings that held the political prisoners:

Some prisoners were allowed outside exercise and games; here’s a rugby field they constructed. (By the way, congrats to the Springboks for their victory over New Zealand’s All Blacks yesterday.)

This shows the food provided to prisoners, which differed according to their apartheid classification: Asians and “coloureds” (blacks with white genes) got food different from the “Bantus” (native African blacks). “Mealie meal” is corn porridge, presumably like “pap”.  Either way, the prisoners didn’t eat well (where are the vegetables?) and weren’t given much time to eat (just a few minutes in the limestone quarry, we were told):

Prisoners were allowed to receive and to write one letter every six months, but these were read and censored, with any material eliminated that might be considered political. Here’s one censored letter from Durban displayed on the wall of the prison:

The first part of the waking tour of the prison involved showing us two large halls, one full of bunk beds. I’m not sure what these were, as I was was too far behind the guide to hear him, but perhaps they were for non-political prisoners. If you’ve been to Robben or know the answer, please weigh in below.

Mandela was instrumental in getting the prison to allow a small garden to be planted in the courtyard.

The garden area (below) had little greenery (perhaps it was the time of year) and one leafless apple tree. It served more than just a place to see a little greenery, for it was in this garden that Mandela buried some of his political writings, including the manuscript of his best-selling autobiography, Long Walk to Freedom, not published until 1994.

When we were in the “garden” area, our guide told us that Mandela’s cell was the fourth window on the right above, and of course I waited until the group had passed so I could see it and photograph it without a crowd.

Here’s where the man spent 18 years. It’s only about 6 m²  (7 x 9 feet).  The electric light was kept on in all the cells night and day. Prisoners, as you can see, slept on the floor on a mat, and had almost no amenities. Here we see a table, a plate, cup, and utensil, and what looks like a slop bucket.

Another view, this time taken with a flash.  Mandela did his writing at night, which I believe extended from 6 pm to 6 am.

Here’s the outside of the prison taken as a panorama. Click the photo to enlarge it.

While exiting the grounds I came upon this turtle. Reader Divy and her husband, who run a veterinary business and have extensive knowledge of reptiles, agreed this is an Angulate tortoise (Chersina angulata), known to be found in Robben Island.

On the way to the exit from the grounds was this room, which was an office without any X-ray machines. I suspect it was part of the facilities used when the prison was in operation.

And the exit to the harbor (the other side of the entrance).  I imagined how happy a prisoner was to be walking out this gate to freedom.

Finally, after a choppy trip back to the mainland, we encountered a trio of brown fur seals (Arctocephalus pusillus). There are two subspecies with a curiously disjunct distribution, one living at the southern tip of Africa and the other in a strip of southeast Australia.

And, with the sight of a proud seal, we’re back.

The usual holiday weekend in Chicago: 109 shot, 19 killed

July 9, 2024 • 10:15 am

Actually, this was an unusually homicidal weekend given that it lasted from Thursday (the Fourth of July holiday) through Sunday: four days of shooting opportunities.  And the bad actors were out in force: as everyone reports, there were 109 people shot in that period, 19 of whom died. From ABC News:

One hundred and nine people were shot, 19 fatally, in gun violence across Chicago from midnight Wednesday to midnight Monday during the extended Fourth of July holiday weekend, police said.

CPD Supt. Larry Snelling and Mayor Brandon Johnson both called for accountability for those responsible for the shootings during a press conference on Monday.

“This is a choice. The choice to kill. The choice to kill women, the choice to kill children, the choice to kill the elderly. These are choices that the offenders made and they calculated,” Johnson said. “We are holding every single individual accountable for the pain and from the torment that they have caused in this city.”

Chicago Mayor Johnson and Chicago Police Superintendent Larry Snelling give an update after more than 100 people were shot in Chicago over the 4th of July weekend.

Snelling said adjustments were made after the Fourth of July heading into the weekend, including canceling officers’ days off, but ultimately, he said, they need communities to come forward.

“We have to really stop and think about the mindset of someone who will shoot a child, a helpless child an unarmed mother and think that that’s OK. And go about their days,” he said. “Those people have to be taken off the street. They have to be put away if we’re not doing that. Then we’re failing other families.”

Johnson said he has asked for more resources from the federal government to help invest more resources into communities.

When pressed to address what adjustments need to be made to keep the community safe, Johnson’s response was simply that the city needs more support.

“I am urging all of you across the entire city to step up and say, ‘We’ve had enough,'” Johnson said. “And I’m hopeful that our ongoing discussions will ensure that our state partners, as well as our federal partners, will swiftly come into the support of the city of Chicago. The city cannot afford to wait any longer.”

Well, if you’re a determinist, it’s not really a choice: you could not have done otherwise but pull the trigger. But of course future shootings can be reduced by modifying incentives, behavior, and so on, so determinism doesn’t justify this level of shooting. Further, gun control is vital, but almost useless to fight for given America’s love of guns. (One bright spot: a week ago the Supreme Court decided to leave in place Illinois’s ban on assault-style weapons.)

Brandon Johnson talks the talk, but he doesn’t walk the walk, and weapons are one of the things he needs to deal with as Mayor (not to mention our many potholes that go unfilled). My prediction is that he will not be re-elected, as he’s perceived as a do-nothing mayor. Look at his response when asked what he will do to stop the killings!

One assault occurred only a few blocks from my office on Sunday morning. While driving to the grocery store at 7 a.m., I found my route blocked off by many police cars and “do not enter” tape. I took a roundabout way to the store, and the street was still blocked off when I came back. It turns out that right by the University, three people had been shot at 5:30 that morning. Thank Ceiling Cat that none were killed. And the shooting was only a block from our Emergency Room, so treatment must have been timely.

I suspect this was a gang-related shooting, but the aim was poor: two guys were shot in the leg and one in the nose. (How you can be shot in the nose and survive eludes me, but perhaps the guy was standing in profile.)

Coleman Hughes on the death of George Floyd and Derek Chauvin’s trial and conviction

June 17, 2024 • 11:15 am

I’ve been meaning to write about this issue for a while, as I covered the beginning of it (see all posts here).  And the longer I delayed, the more complicated the issue became, until I became unable to remember everything, much less synthesize it.

The story in short: two people made a documentary movie, “The Fall of Minneapolis” (watch it here) maintaining that George Floyd was not murdered by Minneapolis police officer Derek Chauvin, but died of his many ailments (including a big titer of fentanyl in his blood), not from having his neck compressed so that he was asphyxiated. (Nor, the movie maintained, was his neck really compressed: Chauvin was supposedly using procedures taught him by his department).  The movie convinced both John McWhorter and Glenn Loury, as well as me, that Chauvin was not guilty of murder—at least if you use the “reasonable doubt” standards mandated in such a case.

Then a former Washington Post reporter, Radley Balko, wrote a multipart attack on the movie on his webpage arguing that the thesis of “The Fall of Minneapolis” was wrong on several counts, including its claim that Floyd was not asphyxiated.  Balko’s analysis was enough to convince Loury (and, to some extent, McWhorter) that they were wrong—that perhaps Chauvin really did murder Floyd. Having read all this stuff, and intending to post on it, the sheer magnitude of the task defeated me. But I felt remiss in not calling attention to Balko’s attack. And I couldn’t come to my own conclusions, for essential material, like the training procedure for Minneapolis police, was missing.

In January, Coleman Hughes, now an essayist for The Free Press, wrote a piece arguing that Chauvin was not a murderer but a scapegoat for all those who wanted him convicted for supposedly killing a black man.  Hughes and Balko went back and forth about having a debate, and eventually had one, but one that, says Coleman, was stacked because the moderators were on Balko’s side.

Now we have the longest article yet published in the Free Press, a second piece by Coleman Hughes reiterating his claim that Chauvin should not have been found guilty of the murder of Floyd. His claim, as you’ll see below (click on the headline to read) is not that Chauvin was clearly innocent, but that the standards of evidence supposed to be applied by the jury, involving “reasonable doubt,” would have found such doubt in the prosecution’s evidence against Chauvin. Ergo, Chauvin should have been found not guilty.

The article is informative and, to me, convincing—Chauvin seems to have gotten a bad trial, including jurors biased against the prosecution, a prosecution that didn’t properly give the evidence, a defense that didn’t do its job, a judge who didn’t seem to know what was going on, and the venue (and the judge’s instructions) terrifying the jurors that if they didn’t find Chauvin guilty, there would be riots.

Read it; it has all the links that you need, including to Balko’s work and the debate.

Here’s Coleman’s main points in the essay:

The purpose of this essay is to set the record straight on Balko’s claims, which range from useful counterarguments to misleading assertions and outright errors. Our disagreements fall into two basic categories: the first is the question of how exactly Floyd died. And the second pertains to whether or not Chauvin was following his training.

One final, important note before I dive in: Balko’s series generally mischaracterizes my essay as arguing for the definite truth of various propositions—or doing a “just asking questions” routine—when in fact I was arguing for the existence of reasonable doubt.

In a typical debate, each side is trying to prove a claim by summoning more evidence than the other side—“guns are helpful” vs. “guns are harmful,” for instance. The burden assigned to each side is symmetric. If either side summons more evidence than the other, then that side wins.

Criminal trials are deliberately not like this. They are highly asymmetric—and that’s intentional.

It’s not enough for a majority of the evidence to indicate guilt. And it’s not enough if the defendant’s guilt is “highly and substantially more likely to be true than untrue.” That is the “clear and convincing evidence” standard.

Rather, “beyond a reasonable doubt” means that “there is no other reasonable explanation that can come from the evidence presented at trial” other than the defendant having committed the crime in question. Keep that phrase—no other reasonable explanation—at the top of your mind. My Free Press piecewas written from the perspective of reasonable doubt. In the essay, I summed up my thesis like this: “In short, there are two major justifications to reasonably doubt Chauvin’s felony murder charge: whether he caused Floyd’s death and whether he committed a felony.”

There remains significant uncertainty about the death of George Floyd—uncertainty that was not settled at trial. My purpose in this essay, as in my original column, is not to settle that uncertainty for good by putting forward a definitive version of events—that is not the defense’s burden anyway. My purpose is to convey the existence of other reasonable explanations.

With that throat-clearing out of the way, let’s move on to Balko’s substantive arguments.

The arguments turn on what really killed George Floyd (he had several medical conditions and was full of drugs), whether the restraint technique used by Floyd really involved asphyxiation, whether that technique was part of the regular training, verbal or written, by the Minneapolis police, what “homicide” means to a coroner versus a jury, whether the jury was tainted by people who were pro-Floyd to begin with, and what are the criteria for conviction.  And more.

Read it for yourself; I’ll simply give Hughes’s conclusions in brief:

I think there was clearly reasonable doubt on whether Chauvin caused Floyd’s death. There were two rival theories of his death: the positional asphyxia theory (put forth by Dr. Tobin and endorsed by the prosecution), and the adrenaline surge theory (put forth by Dr. Baker and rejected by the prosecution). Both were reasonable theories, but only the former implicated Chauvin. That alone should have introduced reasonable doubt on all three charges.

As for whether Chauvin assaulted Floyd—that is, whether he used unlawful force outside the scope of MPD training—reasonable people can disagree on whether there was reasonable doubt. Balko would emphasize that MPD [Minneapolis Police Department] officers were trained to worry about positional asphyxia, move people to the side-recovery position as soon as possible, and use the hobble.

. . . .What are the odds that Chauvin received a trial in accordance with these instructions? Given the jurors who spoke about their fears for their physical safety, given the juror who was found wearing a “GET YOUR KNEE OFF OUR NECKS” t-shirt before the trial, given that everyone knew the city would burn if he was acquitted yet the trial location wasn’t changed, and given that the jury wasn’t sequestered in one of the most talked-about trials in modern American history—I would submit that the odds are close to zero.

Ultimately, we’ll never know how a jury might have weighed the evidence under even halfway normal conditions. And it is probably too late for any of this to matter for Chauvin himself. What is clear, however, is that there were many reasons to doubt that Chauvin was guilty of the crimes he was charged with, and the American public should not be afraid to say so.

Once again, this is a complicated issue that you should judge for yourself, ideally after having watched the movie, read Balko’s ripostes, and having read at least Hughes’s second essay: the one quoted here.  Chauvin’s conviction for murdering Floyd spawned the “racial reckoning” that has persisted until today, and regardless of whether we need a reckoning or not, the conviction that started it all needs to be carefully examined. More important, the conviction of a man for a “crime” that carries reasonable doubt is a miscarriage of justice that needs to be rectified (Chauvin is serving 22 years in prison, and will be 60 when he’s released). In my view, they need to try Chauvin again, but bringing in all the evidence and with a jury that is not intimidated.

This is what happens to a bicycle in Hyde Park

June 13, 2024 • 3:23 pm

I walked by this pathetic specimen of a bicycle on my way home today. Note that while it is still locked up with a sturdy lock, most of the rest of it has been stolen. It is an ex-bicycle, singing with the choir invisible. The only thing I wonder is whether it’s possible to lock a bike so it doesn’t get stripped this way.

Bill Maher on America’s screwed-up prison system

June 10, 2024 • 12:00 pm

Here’s Bill Maher’s monologue from his latest episode of Real Time. It’s a serious (but humorous) look at America’s deeply dysfunctional prison system, but beginning with speculation about Trump getting raped in prison.

As I’ve written ad nauseam, America deliberately creates prisons to be horrible, demoralizing, and—in the extreme form of SuperMax prisons—liable to drive their inmates insane. All of this comes from the belief that prisoners had free will when they did their crime, and thus must undergo severe retribution.  Yes, incarceration can be useful for keeping bad people out of society, helpin reform them, and even detering others from criminality, but retribution? If you’re a determinist, it doesn’t make sense.  That’s why enlightened countries like Norway treat their prisoners like human beings. That may explain why Norway’s recidivism rate is about a quarter of America’s (rates mentioned in the video below).

The whole justice system—not just in America but nearly everywhere—is based on the assumption that criminals could have avoided doing their crimes—that they have libertarian free will. Thus they must be punished for making the wrong “choice.” Both Robert Sapolsky and I, diehard determinists, think that one of the biggest implications of determinism is the pressing need for judicial reform.  And this attitude als0 pervades Maher’s monologue.

This is really a video op-ed, and I can’t help but believe that, at least for the video generation, it’s more effective than a serious piece in the New York Times.

h/t: Leo

Trump convicted on all 34 felony counts in hush-money case

May 30, 2024 • 4:31 pm

OMFG, as they say: the news just came down that Trump was convicted on all 34 felony counts in his New York hush-money trial. That’s 34 out of 34, and each conviction required unanimity among the jurors.  They deliberated for less than two days.

He will appeal, of course, but will he go to jail eventually?

He’s now a convicted felon. I can’t say I’m unhappy. Here are the details from yahoo! news:

Donald Trump was convicted of falsifying business records to influence the 2016 presidential campaign Thursday in a historic trial that saw a former U.S. president face criminal charges for the first time.

A New York jury found Trump guilty of 34 counts, related to a $130,000 payment made to adult film actress Stormy Daniels. The prosecution had alleged Daniels was paid to keep secret a 2006 tryst she had with Trump in order to influence the results of the 2016 election, which Trump ultimately won.

The trial lasted a month and a half and was plenty eventful. In addition to the fiery testimonies of Daniels and Trump’s former lawyer Michael Cohen, Trump was held in contempt of court 10 times and fined $10,000 for violating a gag order against attacking people involved with the trial. Many Republican leaders, including House Speaker Mike Johnson, traveled to New York to speak out in support of the 2024 Republican presidential candidate.

Trump, who did not testify in his defense, has yet to be sentenced in the case and is likely to appeal the verdict. The result may have an impact on Trump’s chances to reclaim the White House, however. Recent Yahoo News/YouGov polling suggested a conviction would hurt Trump in head-to-head polling against President Joe Biden.

Since it’s a state crime, he can’t pardon himself, either, even if he does get reelected.

Well, if conviction on 34 felony counts HELPS him win, then something is badly wrong with America.

And there are several more trials to go. .