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Darrell Brooks

The 39-year-old career criminal who drove his vehicle into a  “Christmas Parade” crowd on Sunday killing five elderly band members, injuring 40 or more—mostly children—in Waukesha Town, Wisconsin, a Milwaukee suburb.

Brooks has a criminal history involving arrests and/or convictions for drugs, illegal possession of firearms, violent assaults, sexual assaults of a minor, endangering public safety, disorderly conduct, and bail jumping.

Brooks was on a $1,000 bail at the time of the Christmas Parade for assaulting his female companion earlier this year by punching her in the face and running over her with the same vehicle used in the parade attack.

The Milwaukee District Attorney’s Office had initially requested a $10,000 bail before reducing it to $7,000and finally allowing his release in September on the $1,000 bail in the girlfriend assault case.

There is now a lot of finger pointing about who is responsible for Brooks’ release on the unusually low $1,000 bail considering his violent criminal history and an outstanding arrest warrant in another state for the sexual assault of a minor.

But there are two other equally important issues that should be investigated.

First, was Brooks a law enforcement informant, either for federal or state authorities? He obviously got preferred treatment on bail, prosecution and sentencing matters throughout his lengthy criminal history. Smells like a “rat” to me.

Why would a District Attorney drop a $10,000 bail to a $1,000  bail for a violent career criminal?

 It simply doesn’t pass the “rat smell” test.

Second, why didn’t the U.S. Attorney’s office arrest and prosecute Brooks for a being a felon in possession of a firearm?

He was a convicted felon, he illegally possessed a firearm, and he used those firearms to threaten and assault people. Given Brooks’ criminal history, a federal conviction for a felon in possession of a firearm would have resulted in a ten-year prison sentence.

So why did both state and federal law enforcement officials turn a blind eye to Brooks’ violent criminal history which certainly led to the tragic Christmas Parade deaths?

That fucking rat smell is really getting annoying.

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Executive clemency

A pardon or any act of executive clemency is a matter of grace given to the president or governor through constitutional authority.

Executive clemency can be granted or denied for a specific reason or for no reason at all. Due process of law does not attach to executive clemency decisions because a pardon or commutation of sentence is a privilege, not a right.

It is within these board parameters that Oklahoma Republican Gov. Kevin Stitt yesterday commuted Julius Jones’ death sentence to life without parole. The governor’s decision came after growing national and international concern about Jones’ execution because of credible evidence that he may be innocent of the crime for which he stands convicted.

Gov. Stitt’s decision, however, was not influenced by Jones’ possible innocence. The governor conditioned his commutation that Jones would never be eligible for parole release. Worse yet, the governor’s commutation also carried the condition that Jones can never apply for another commutation.

In effect, the governor made his executive intent clear: Jones will remain in prison until he dies, unless some state or federal court grants him a new trial.

That is not mercy, folks.

It is torture in the worse degree. Jones commutation is not a cause for celebration. It is a decision that should be understood for exactly what it is: the sparing of death by lethal injection in exchange for an imprisoned sentence that will ultimately result in death in some prison cell or infirmary. The present cause for celebration will pass and the agony of doing time without hope will consume Jones and his family.

One of Jones’s longtime supporters, Oklahoma State Sen. George Young (D), understands this reality.

“I was expecting this, and it’s still hard to digest,” Young said upon learning about Gov. Stitt’s commutation. “He waits to the last minute to not kill him, but assign him to a fate that is in some ways worse than death and [the governor] claims the high ground.”

I understand executive clemency through personal experience.

In 1990 the Louisiana Board of Pardons recommended to then Gov. Buddy Roemer that my life without parole sentence be commuted to 75 years.

In 1992, in his last official work day as governor, Roemer commuted my life sentence but increased the recommended 75 years to 90 years—a power the governor enjoyed.

The Louisiana Department Corrections ruled that I was not eligible for parole under Gov. Roemer commutation order. A two-year legal battle ensued concluding with Roemer appearing in court—something no other Louisiana governor had ever done—telling both the court and the DOC that it was his executive intent that I be immediately eligible for parole upon his signing the commutation.

Forced to give me a parole hearing, and none too pleased about the matter, the DOC through the parole board made me serve another 12 years and undergo seven parole hearings before I was granted parole in 2006.

Charles “Buddy” Roemer was not only an excellent, honest governor (a rarity in Louisiana) but he was a brilliant, compassionate human being as well. Roemer passed away earlier this year. There has not a time in my life since 1992 that I did not thank and appreciate Gov. Roemer for the political courage it took commute my life sentence.

Julius Jones will never be able to feel that for Gov. Kevin Stitt. The governor made it clear he wants Jones to die in the Oklahoma prison system, regardless of whether he is innocent or not.

Those who say Jones should be happy because he is no longer on death row know nothing about prison and what life without hope means.

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Return to pre-Civil War political violence

The Baltimore Sun reported three days ago that in the three decades prior to the Civil War there were “more than 70 duels and other violent incidents” among members of Congress.

Political violence is rooted in the DNA of American government, at both the federal and state levels. This nation was founded on political violence and its “greatness” has been shaped and defined by violence with political undercurrents.

Today America is sitting on the precipice of pre-Civil War political violence.

Foreign Policy informs us that there are three core societal elements that can lead to civil war: “fractured elites with competing narratives, deep-seated identity cleavages, and a politically polarized citizenry.”

All three elements are today at the core of governance in both federal and state governments. The common good and the interests of the people have been abandoned as these elements come to a pre-civil war boil. Political tribalism for the first time since the period of 1830 to 1860 poses a real threat to cascade into violent political sectarianism.

The evidence of this dark violent brew is everywhere in these United States.

At an October political event staged in Western Idaho by Turning Point USA, a far right-wing youth organization, an attendee asked the group’s founder, Charlie Kirk, “when do we get to use the guns … to kill these people (Democrats)?”

A local state legislator later commented that the attendee had raised a “fair question.”

An Ohio U.S. Senate candidate has advocated the use of violence to oppose what he calls government “tyranny”—mask and vaccine mandates.

The Washington Post reports that recent polling data found that 30 percent of Republicans and 40 percent of the people who trust “far right” news sources believe that “true patriots” may have to resort to violence to achieve their political objectives. The Post quoted a senior fellow at the left leaning group New America as saying:

“When you start dehumanizing political opponents, or really anybody, it becomes a lot easier to inflict violence on them,” Lee Drutman said. “I have a hard time seeing how we have a peaceful 2024 election after everything that’s happened now. I don’t see the rhetoric turning down; I don’t see the conflicts going away. I really do think it’s hard to see how it gets better before it gets worse.”

Arizona Republican Congressman Paul Gosar was just censured by the U.S. House of Representatives after he posted, and then removed, a cartoon depicting him killing Congresswoman Alexandria Ocasio-Cortez and physically battling President Joe Biden—a president that at least 50 million Republicans do not believe was fairly elected and should be dethroned.

North Carolina Republican Congressman Madison Cawthorn and Georgia Republican Congresswoman Marjorie Taylor Greene also have a penchant for political violence. They have both threatened to execute other members of Congress. Both have endorsed the violent insurrection in Washington, D.C. on January 6, calling it a “patriotic” peaceful event.

These calls for political violence have reached the ears of criminal violence. Carnegie Endowment, citing Washington Post data, reported in September that during the preceding 16 weeks at least 50 drivers plowed into crowds of peaceful protestors. Militarized police brutality, white supremacists groups, hate crimes, and politically motivated mass shooters are all increasing at dangerous levels.

This criminal violence, which is being fueled by the increasing prevalence of political violence, has most assuredly led to a recent explosion of ordinary street and domestic violence. No one is truly safe anymore. Fear dominates our social landscape: citizens fear strangers, children distrust parents, spouses live with threats, and neighbor is suspicious of neighbor.

American free world culture has now become a maximum security prison culture.

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Death threats.

America has become a nation of death threats and vile expletives. School board members, elected officials and government employees routinely face the most disgusting death threats for nothing more than carrying out their official duties and responsibilities.

America is now a hate-driven nation with disagreements, slights, and real or imagined insults being resolved through violence—a warped violence fueled by racism, diverse ideologies, political differences, and forced social separation. Americans are divided between “us and them,” with most people not even knowing who us or them are.

Death threats are most often delivered anonymously. That’s because the individuals making them are most often a cowards.

Anonymity is cowardice.

But this reality offers little solace to be person being threatened—many of whom react in fear, suspicion, and dread. They conceal themselves in their homes venturing out only when necessary. They fear not only for themselves but for their love ones and friends.

In the meantime, the persons issuing the death threats remains hidden in their grimy little world of insignificance. They are blowhards, loud mouths, and cowards who flee at the first hint of risk or challenge.

For example: all the loud mouth insurrectionists being held in protective custody in the D.C. jail boasting and bragging about their feats would be another man’s bitch in general population of any regular prison. But with fake ox horns on their heads and Confederate flags wrapped around their asses and bullshit tattoos covering half their bodies while in the midst of like-minded idiots, they can easily threaten “hang Mike Pence” or “kill Nancy Pelosi.”

An Arizona Republican congressman recently posted a photoshopped anime video on his Twitter and Instagram accounts depicting him killing Democratic Congresswoman Alexandria Ocasio-Cortez and attacking President Joe Biden. The Arizona congressman said it was part of his “put America first” agenda.

The reality is this: If captured by the enemy as his fellow Republican Senator John McCain was in Vietnam and subjected to torture, this  Arizona congressman would give up the name, rank and serial number of every man, woman and child in America just to save himself from a single slap upside the head. That would be his real “put America first” agenda.

There is no foreseeable end to the social and political madness currently gripping the soul of America. A once leisure trip to the grocery, hardware store, or a restaurant now carries a risk of confrontation; and a family drive on the Interstate can lead to the death of an innocent child because two enraged motherf..kers want to shoot it out with each other in a “road rage” incident.

The recent deadly Houston concert stampede mirrors the social fabric of this nation—people routinely breaking through barriers, pushing for the best position, and shoving to be first; brutish, violent attacks on airlines; and gun violence that leaves too many public streets and private homes stained with blood.

That is where we are, folks—the cowardice and insanity of the mob replacing the rule of law and social decency.

My wife and I watched the Showtime documentary “Attica” last night, and America today is a reflection of that prison yard under siege with an inevitable tragic end on the horizon.

If a border wall is necessary for this country, it is not to keep the hordes out but to keep the American madness confined.

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Sunset on Fire Island.

Besides being a great attorney, Richard C. Hand was a wonderful human being and a remarkable friend.

Rich died earlier this week. A piece of my heart passed with him.

In 1970, as a young civil rights attorney, Rich sat in front of my death row cell and asked, “Billy how in the world did you get in this mess.”

Together, we won the first ever prisoners rights lawsuit for death row inmates. It would change the way condemned inmates would be treated across the country.

For the next 35 years, Rich represented me before Louisiana pardon boards, parole boards, court hearings, and administrative proceedings. He was always there when Jodie and I needed more than an attorney—when we needed a friend to guide us through the hardship of despair and hopelessness.

He once told me after a failed parole hearing, “Wait till you see the sunset on Fire Island.”

Rich never gave up on me.

Jodie and I spent a week in 2007 at Rich’s home with his wonderful wife, Jean. He introduced us to his family and friends. It was a most special week.

One afternoon we took a boat trip on Fire Island and there, with splendor my mind had never before imagined, we watched the sun set on Fire Island.

“I promised you,” Rich said, placing arm over my shoulder, “we would see the sun set on Fire Island.”

Tears welled up in the heart of a man who just the year before had been released from prison after serving more than 40 years—and not once did Rich, over our attorney/client relationship and personal friendship, ever doubt my individual salvation and the promise of a sunset on Fire Island.

Why our paths with other people intersect into special bonds of friendship and love lies beyond our knowledge. We all know we have special people in our lives—and it is these people who make living endurable and all of life’s sorrows bearable.

I lost a beloved friend who enriched my life with hope, faith, promise, and a desire to survive—and most of all he gave me the unforgettable memory of watching the sunset over Fire Island with him.

Rest in peace, old friend, on the other side of the sunset on Fire Island.

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