A Blueprint to End Police Terrorism
History of Slavery – The accoutrements of slavery tell the story about the relationship between Europeans and Africans. They include chains, cuffs, masks, leg irons, etc. These same accoutrements are still in existence today. The legal staple of slavery was the slave code. Today, it is the penal code. The common thread is positive law.
Criminal Justice System – The creation of the criminal justice system, in this country, is inextricably related to gradual emancipation statutes and the Thirteenth Amendment. New York’s gradual emancipation statute, enacted in 1799, did not take effect until 1827.
Immediately after Africans were emancipated, in New York, legislative plans were designed to imprison them or to exploit their labor or a combination of both. Idle African labor is a crime. Their must never be a leisure class to formulate a plan to remedy African grievances.
Economic Sanctions – If a nation attacked the United States, the initial response would be financial. When the United States disagrees with the foreign policy of a formerly colonized or historically-despised people, the response is also economic.
Black people, once upon a time, responded to racial injustices with economic boycotts or urban rebellions. Today, Blacks are able to elect or confirm HNICs, plantation overseers and slave drivers chosen by whites. Their role is to protect private property and to maintain the status quo by sponsoring pacification programs like “Shopping for Pizza” and “Shopping for Justice.”
Lexicon - Confucius said, “The beginning of wisdom is calling things by their proper names.” We must fund a commission to create a new dictionary. The dictionary must define, at the outset, people of African ancestry. For example, who is an African-American? The definition must include our legal status in the international community.
Terms like police brutality and police misconduct are subsets of police terrorism. Thus, the NYPD is a terrorist enterprise. Its historic mission is to control descendants of enslaved Africans. Its tactics include inflicting group fear on persons of African ancestry, suppressing group liberties and feeding persons of African ancestry to the prison-industrial complex.
Freedom Party – No demand can be made on government unless it comes from a political party. Stated another way, only a political party has standing to make demands on government. For example, the Liberty Party was formed before the Civil War to attack slavery. It was followed by the Free Soil Party which later was absorbed into the Republican Party.
No demand to dismantle white supremacy will be made by either the Republican Party or the Democratic Party. Similarly, no Black person, who is a member of either party, can make a genuine demand to dismantle white supremacy.
The Democratic Party has always been a proponent of white supremacy. Black Democrats will engage in doubletalk but they refuse to run the distance for freedom or to expose white Democrats. As oath takers, they must uphold white supremacy-or else.
Black people must form a political party to address Black grievances and Blacks must think and act within the parameters of the political party. Senator Charles Sumner, of Massachusetts during Reconstruction, warned Blacks to form their own political party and stay away from both traditional, political parties. Sumner was a Republican.
Institutional Base – After Plessy v. Ferguson, the legal assault on jim crow had an institutional base; namely, Howard University Law School. Most importantly, this solved a funding hurdle. Freedom is not free. The Patriot Act was enacted, primarily, to disrupt the financing of terrorist organizations. All groups, however, violent or non-violent, must have adequate funding including the Ku Klux Klan.
Black lawyers were needed to attack jim crow. Previously, colleges and universities had no courses to train students to attack jim crow. This is the point that Dr. Carter G. Woodson made in “The Mis-education of the Negro.” In the military, a recruit must undergo basic training. In the struggle for liberation, the blind is leading the blind.
Untrained people in a struggle are, perforce, political pawns. Rosa Parks, for example, attended the Highlander Folk School in Tennessee before engaging in civil disobedience. This was a familiar route for many civil rights activists. The struggle against police terrorism will require trained, full-time personnel.
Police terrorism is a more intractable problem than jim crow. It is financed by the Chamber of Commerce, FIRE etc. including law enforcement unions. Terrorism has a symbiotic relationship with the oppression of descendants of enslaved Africans.
While there may be some reforms in social and political rights, terrorism is a fixture. It is a tactic of colonialism. Blacks only enjoy the right to political presence and social presence. The right to political and legal representation is still prohibited for Blacks.
Blacks in New York live under a colonial governor. The next governor, in 2007, will be Eliot Spitzer who has the support of all HNICs, Black selected officials and Black activists. Black people made his political career but, like the slavemaster, Blacks must make no demands of him.
An interdisciplinary approach has an appreciation for military science, critical thinking, linguistics, economics, law and African philosophy. The personnel must understand a systems analysis as described by Dr. Leonard Jeffries. We must see the big picture in police terrorism in addition to all of its working parts.
Positive Law - From the outset of our enslavement in this country, our movement was limited by private decision-makers. A few years later, colonial assemblies enacted slave codes. Today, our fate is subject to public decision-makers acting under color of law; namely, penal codes.
Codified law is inherently oppressive. See, for example, the New York Penal Code, Internal Revenue Code, Uniform Commercial Code and U.S. Bankruptcy Code. The basis for police terrorism is code law. These laws must be scrapped by Congress, the New York Legislature and the New York City Council.
New York Penal Law §35.27 (No-Sock Law) is legislation designed to place further fears on persons of African ancestry since it denies to them the right of self-defense with respect to any white person who might be a real or imagined, police officer or peace officer. This statute provides as follows:
A person may not use physical force to resist an arrest, whether authorized or unauthorized, which is being effected or attempted by a police officer or peace officer when it would reasonably appear that the latter is a police officer or peace officer
Justification – The New York Legislature needs to review Article 35 of the New York Penal Law. It employs the phrase “deadly physical force” but it fails to mention “excessive deadly physical force.” Thus, once deadly physical force is justified, excessive, deadly physical force is irrelevant. This is a loophole for anyone engaged in a shoot-to-kill policy. This loophole needs to be closed yesterday.
The Legislature must also narrow the circumstances which warrants the use of deadly physical force and also distinguish homicide under Article125 of the NY Penal Law from crimes against humanity which should include the November 25 shooting in Queens. Crimes against humanity are not especially recognized, in toto, under New York law.
New York County Law §700 - This statute allows for the powers and duties of a district attorney and it should be amended, in addition to the New York Executive Law, to allow for persons of African ancestry, as a class, to designate a special prosecutor for all crimes against humanity, state-sponsored murders, human and civil rights violations, and traditional penal law violations involving victims of African ancestry.
New York City Charter – This supreme municipal law gives the police department the authority to police itself. The mayor can only appoint and remove the police commissioner but he lacks any authority to discipline any police officer.
Black, Latino and Asian voters must coalesce to overcome barriers created by state law which gives the mayor undue control over local charter commissions and, therefore, protect the authority of the police to police itself.
Instead, a referendum must be placed on the ballot decentralizing the New York City Police Department and allowing for complete community control over it including the appointment of precinct commanders and the hiring and disciplining of police officers.
Until 1851, the City Council controlled police officers. Aldermen had the authority to hire and fire police officers. These police officers worked in those aldermanic districts. There must be a return to community control of the police especially given the diversity of cultures and languages today, in New York City, unlike, in 1850.
New York City Council – Although whites are only one-third of the population of New York City, at this time, they control the New York City Council. In 1989, the City Council was expanded, purportedly, to increase the representation of Blacks, Latinos and Asians. It is now composed of fifty-one members instead of thirty-five members.
In 1937, there were sixty-five members of the City Council. Many ethnic groups still had no political representation. It was reduced to allow for only token representation for Blacks. Today, this expansion of the City Council to sixty-five members would offset the effects of racial gerrymandering.
Federal Litigation – The New York City Council has an obligation to sue the governor of New York, the State Senate and the State Legislature for allowing the New York Police Department to participate in human rights violations including crimes against humanity, RICO violations, violation of rights under 42 U.S.C. §§ 1983, 1985, 1986 and violation of rights directly under the Thirteenth Amendment of the U.S. Constitution and the Fourteenth Amendment of the U.S. Constitution.
Plaintiffs should not only sue for injunctive relief but also for placing the NYPD in receivership. This process allows for the appointment of a receiver to manage an entity or agency that is unable to manage its own affairs. This remedy was available in the deep South for public school systems that systematically violated constitutional rights.
Blacks must approach the NYPD like the federal government should have attacked the Ku Klux Klan. The primary defendants must include Mayor Michael Bloomberg and Police Commissioner Ray Kelly under the doctrine of respondeat superior. NYPD is a criminal enterprise and a terrorist organization. This also gives rise to causes of actions under RICO and the Patriot Act.
Its financial apparatus must be dismantled. The city should not permit a dues check-off for members of the police department and no bank should accept the deposit of its illegal proceeds. Otherwise, Blacks and their churches must withhold their deposits from any bank that is used to finance our oppression.
The Congressional Black Caucus and the House Judiciary Committee, chaired by Cong. John Conyers, in 2007, should demand that the U.S. Justice Department intervene in the federal litigation under the Federal Rules of Civil Procedure.
The Carter Administration prosecuted a federal case against the Rizzo regime, which headed the Philadelphia Police Department and which, systematically, violated the constitutional rights of persons of African ancestry.
New York State Takeover – Soon after Eliot Spitzer became state attorney general, it came to his attention that members of the Wallkill Police Department were routinely harassing white women. His office initiated litigation to take over the police department. This village entered into a settlement with New York State.
On the other hand, Blacks were complaining about illegal police confrontations and racial profiling. Spitzer successfully argued, in the United States Court of Appeals for the Second Circuit, that racial profiling was constitutional. See 221 F.3d 329. After the assassination of Amadou Diallo, his office conducted a study and found that police confrontations with Blacks were unconstitutional.
This study had no legal import, however. He refused to impanel a grand jury and seek a grand jury report as is authorized under Article 190 of the NYCPL. A grand jury report must be recognized by the New York Legislature for changes in legislation. Unlike his action with the Wallkill Police Department, Spitzer has refused to sue the NYPD.
The state attorney general’s office has always possessed wide authority to prosecute municipal misconduct. For example, in 1894, this office conducted a study of abuses and neglect in the city’s insane asylums. The state took over these insane asylums.
Similarly, the state supervised elections in New York City for decades and initiated a proceeding to remove Mayor George B. McClellan for electoral fraud in New York City in 1905. To be sure, both Bloomberg and Kelly can be removed from their respective offices for allowing the NYPD to deprive persons of African ancestry of constitutional rights. The governor also has this authority.
World Court and the United Nations – Crimes against humanity are not punishable under state law and the United States has not only refused to classify descendants of enslaved Africans as citizens but also have perennially refused to accord persons of African ancestry any semblance of constitutional rights. Thus, the plight and status of persons of African ancestry are ripe for litigation in international tribunals.
Weapons Inspection – The use of semi-automatic pistols by the NYPD is wreaking havoc on the Black community in much the same way that the U.S. Army inflicted irreversible harm on the Indians with Gatling guns.
The Gatling gun was introduced in 1862 during the Civil War but it was sparingly used. This changed during the Indian Wars. This weapon of mass destruction was used indiscriminately against unarmed Indians or Indians only armed with bows and arrows. It was called Indian Removal.
These semiautomatic handguns, that have been given to police officers within the past two decades, are miniature Gatling guns. These weapons are unfit for urban policing and, inevitably, recklessly endangers all residents and all bystanders, remote or near.
The Gatling gun depleted the Indian population and these semi-automatic weapons, issued to police officers aided and abetted by a shoot-to-kill policy, will have the same effect on persons of African ancestry. Mayor Michael Bloomberg is only waiting for an excuse. The colonial governor in 2007 and the colonial mayor are plutocrats.
The weapons that are in the arsenal of the NYPD must be disclosed to the public. Many of these weapons are proscribed by international law and especially proscribed by the Geneva Conventions. They are in the possession of the NYPD and are already poised to be unleashed on the Black colony.
These weapons include “riot control agents” and herbicides which are also illegal under Executive Order 11850. Biological and chemical weapons are also present. The NYPD also possesses pepper spray which is unlawful for military use under the Geneva Conventions.
Urban Policy – Thirty years ago, the political establishment decided that New York City was facing a decline because of an influx of Blacks into the city beginning in 1946. The New York Times, which led the charge against fifteen year-old Tawana Brawley, who had been kidnapped and raped in Dutchess County in 1987, was the main rebel rouser.
Two years earlier, the Times, along with some prominent and activist Black preachers, endorsed Al D’Amato, a Republican, who was in the vanguard of advocating the position of the New York business community in the Senate.
He became a member of the powerful Banking Committee of the U.S. Senate which has a serious impact on urban policy. Freedom National Bank met its demise. Although all of these Black preachers are officially enrolled in the Democratic Party, they also do the bidding for the Republican Party. This creates confusion.
Today, these preachers are in the vanguard of the Sean Bell et. al. struggle. They have deep ties with the Republican Party and the business community. Their role is to pacify Black anger and to protect private property.
After the 1982 gubernatorial election, Gov. Mario Cuomo seized money earmarked to build decent housing for the poor, in honor of Dr. Martin L. King, Jr., and transferred it to his prison construction program. Zip codes were targeted to reduce the Black population.
Roger Starr, who was a member of the editorial board of the New York Times, wrote a major article in the newspaper urging a depopulation of Blacks in New York City through a federal, state and municipal conspiracy.
In 1985, he authored, “The Rise and Fall of New York City” which blamed Blacks for New York City’s decline. Bloomberg has adopted this position and it became especially clear when he called for illegal immigrants to fill jobs in New York as though Black men were enjoying full employment. The employment rate for Black males in New York City is fifty percent.
This is how government responds to the business community which has concluded that police terrorism is a tool to be used to end a Black presence in New York City coupled with gentrification like the empowerment zone in Harlem and the Atlantic Yards Project in Brooklyn coupled with depression-type unemployment.
Municipal agencies are able to conspire against Blacks with the total cooperation of Black selected officials. These selected officials have failed to complain about the racially-disparate distribution of contracts and the high rate of unemployment which fuels pessimism in the Black community.
Without any fanfare, the New York City Charter was altered in 1989 to expand the City Council from thirty-five to fifty-one seats to improve the chances of Blacks, Latinos and Asians being added to this legislative body. These additions are consistent with the rule that as more Blacks are selected to political offices, the worse conditions become for Blacks.
Today, the Blacks and Latinos on the City Council refuse to urge a takeover of the City Council although whites make up only one-third of the city’s population but they have a majority on the City Council. This disparity results from party politics and racial gerrymandering.
Moreover, the Black, Latino and Asian members of the City Council refuse to elect a person from a historically-despised group as Council Speaker. This is the power center of the City Council and it is the second of only two powerful positions in municipal government.
Consistent with Starr’s advocacy, the City Charter was also amended in 1989 to create a City Planning Commission and the mayor would be empowered to appoint seven members of a thirteen-member commission. This gives him the opportunity to plot against Blacks.
The mayor would also control municipal agencies, their contracts and would propose an annual budget and estimate of revenues after 1989. The Commission is responsible for the city’s overall physical and socioeconomic planning including the displacement of Blacks.
Municipal Budget – The mayor’s budgetary powers include the funding of the five district attorney’s offices in New York City. When these offices have malfunctioned, it should be reflected in the annual budget. Moreover, the City Council should threaten to cut off all funds to any district attorney’s office that has engaged in a pattern of prosecutorial misconduct or has supported the NYPD in perpetrating crimes against humanity.
Federal Communications Commission – With modern technology, all ethnic groups must have equal access to the airwaves and it is incumbent on the FCC to ensure that all groups enjoy a level playing field to benefit from a marketplace of ideas. In today’s world, there are myriad delivery systems. This has created an “Information Super Highway.”
In New York City, whites enjoy a variety of programming but the common thread in all communications in the Black colony is music. Political discourse is limited to the weekend. This is reminiscent of the jim crow South which prohibited Black radio stations from engaging in political discussions.
Although federal law requires political debate, it is honored in its breach. Whites are able to discuss and debate current affairs over the airwaves. No discussion can occur on jim crow radio until weekends. The radio licenses of the varied radio outlets, oriented to the Black colony, tells a different story and this disparity should be a matter of great concern to the FCC.
Conclusion – The political establishment learned a valuable lesson from the Civil Rights Movement. All future legislation must be racially-neutral on its face but must include poison pills. Before the Voting Rights Act of 1965, there were no more than 200,000 Blacks in the criminal justice system. Today, the number exceeds five million Blacks.
Similar legislation exists throughout federal and state laws and municipal ordinances. It is critical for whites that Black selected officials are present when these laws are discussed, debated and passed. Courts later review the legislative history of these laws and the comments of Black selected officials are used to disprove any claim of racism.
Military and paramilitary terrorism has always accompanied the removal of Blacks and Indians from prime real estate. Mayor Bloomberg unveiled a thirty-year plan for New York City. Blacks are missing from this plan. Terrorism and the legal process will be employed, primarily, to achieve this objective.
This is already happening. The U.S. Supreme Court ruled, on June 23, 2005 in Kelo v. City of New London, 125 S.Ct. 2655, that eminent domain could be used to seize private property for economic development despite the “public use” restriction in the Fifth Amendment. Eminent domain will allow for a private makeover of New York City.
The colonial governor of New York in 2007 and the colonial mayor of New York City are prominent members of FIRE. This means that they are plutocrats and have personal interests in maintaining and strengthening the ruling class. The interests of the rich and the interests of the poor are diametrically opposed to each other. Prominent preachers have tricked the Black masses again.
If Blacks are to fight fire with fire, it must begin with establishing an institution with adequate resources. An ad hoc approach to fighting terrorism is wholly inadequate. It is for this reason that the white media is currently promoting these ad hoc marches and demonstrations. This approach falls short of the Civil Rights Movement which had definitive goals, timetable, strategies and tactics.
Blacks enjoyed greater personal security in the United States before the ratification of the Thirteenth Amendment than after its ratification. Investors were not going to permit any destruction of its chattel without strict judicial scrutiny including a commission of the peers of the slaveowners as fact-finders. This would occur even when the complainant was a white female.
After the ratification of the Fourteenth Amendment, the United States promised to substitute for the slaveowner as the guarantor of the personal security of newly-freed Africans. This promise was supposed to exist in perpetuity. After the Tilden-Hayes Compromise, both traditional political parties agreed to honor this promise in its breach. Blacks decided to endorse their own oppression.
Blacks also decided to finance their own oppression. More than ninety-five cents out of every dollar in the Black colony takes immediate, Black flight. This undermines any opportunity for an economic infrastructure for Blacks. This also causes the decline of the economic value of every Black person. Thus, there are no financial deterrents to genocide.
As President Calvin Coolidge said, “The business of America is business.” This means that the country welcomes ethnic groups with entrepreneurial spirit. These groups trump Black consumers since they also promote creativity, ingenuity and opportunity.
Blacks consume but they fail to produce anything. This country is involved in the export-import business and Black consumers give rise to a debtor nation. There is a serious trade deficit and no real savings exist in the Black middle-class.
It has been reported in “The Economist” that approximately 99% of America’s 26m businesses have fewer than 500 employees.” This means that small businesses fuel this nation’s economy. There are virtually no small Black businesses.
Blacks are not adding to the nation’s economy and are also unable to finance political parties. This means that Black selected officials represent white business interests. Blacks have become a drag on the economy. Obsolete or fully-depreciated assets must be scrapped.
Criminal Justice System – The creation of the criminal justice system, in this country, is inextricably related to gradual emancipation statutes and the Thirteenth Amendment. New York’s gradual emancipation statute, enacted in 1799, did not take effect until 1827.
Immediately after Africans were emancipated, in New York, legislative plans were designed to imprison them or to exploit their labor or a combination of both. Idle African labor is a crime. Their must never be a leisure class to formulate a plan to remedy African grievances.
Economic Sanctions – If a nation attacked the United States, the initial response would be financial. When the United States disagrees with the foreign policy of a formerly colonized or historically-despised people, the response is also economic.
Black people, once upon a time, responded to racial injustices with economic boycotts or urban rebellions. Today, Blacks are able to elect or confirm HNICs, plantation overseers and slave drivers chosen by whites. Their role is to protect private property and to maintain the status quo by sponsoring pacification programs like “Shopping for Pizza” and “Shopping for Justice.”
Lexicon - Confucius said, “The beginning of wisdom is calling things by their proper names.” We must fund a commission to create a new dictionary. The dictionary must define, at the outset, people of African ancestry. For example, who is an African-American? The definition must include our legal status in the international community.
Terms like police brutality and police misconduct are subsets of police terrorism. Thus, the NYPD is a terrorist enterprise. Its historic mission is to control descendants of enslaved Africans. Its tactics include inflicting group fear on persons of African ancestry, suppressing group liberties and feeding persons of African ancestry to the prison-industrial complex.
Freedom Party – No demand can be made on government unless it comes from a political party. Stated another way, only a political party has standing to make demands on government. For example, the Liberty Party was formed before the Civil War to attack slavery. It was followed by the Free Soil Party which later was absorbed into the Republican Party.
No demand to dismantle white supremacy will be made by either the Republican Party or the Democratic Party. Similarly, no Black person, who is a member of either party, can make a genuine demand to dismantle white supremacy.
The Democratic Party has always been a proponent of white supremacy. Black Democrats will engage in doubletalk but they refuse to run the distance for freedom or to expose white Democrats. As oath takers, they must uphold white supremacy-or else.
Black people must form a political party to address Black grievances and Blacks must think and act within the parameters of the political party. Senator Charles Sumner, of Massachusetts during Reconstruction, warned Blacks to form their own political party and stay away from both traditional, political parties. Sumner was a Republican.
Institutional Base – After Plessy v. Ferguson, the legal assault on jim crow had an institutional base; namely, Howard University Law School. Most importantly, this solved a funding hurdle. Freedom is not free. The Patriot Act was enacted, primarily, to disrupt the financing of terrorist organizations. All groups, however, violent or non-violent, must have adequate funding including the Ku Klux Klan.
Black lawyers were needed to attack jim crow. Previously, colleges and universities had no courses to train students to attack jim crow. This is the point that Dr. Carter G. Woodson made in “The Mis-education of the Negro.” In the military, a recruit must undergo basic training. In the struggle for liberation, the blind is leading the blind.
Untrained people in a struggle are, perforce, political pawns. Rosa Parks, for example, attended the Highlander Folk School in Tennessee before engaging in civil disobedience. This was a familiar route for many civil rights activists. The struggle against police terrorism will require trained, full-time personnel.
Police terrorism is a more intractable problem than jim crow. It is financed by the Chamber of Commerce, FIRE etc. including law enforcement unions. Terrorism has a symbiotic relationship with the oppression of descendants of enslaved Africans.
While there may be some reforms in social and political rights, terrorism is a fixture. It is a tactic of colonialism. Blacks only enjoy the right to political presence and social presence. The right to political and legal representation is still prohibited for Blacks.
Blacks in New York live under a colonial governor. The next governor, in 2007, will be Eliot Spitzer who has the support of all HNICs, Black selected officials and Black activists. Black people made his political career but, like the slavemaster, Blacks must make no demands of him.
An interdisciplinary approach has an appreciation for military science, critical thinking, linguistics, economics, law and African philosophy. The personnel must understand a systems analysis as described by Dr. Leonard Jeffries. We must see the big picture in police terrorism in addition to all of its working parts.
Positive Law - From the outset of our enslavement in this country, our movement was limited by private decision-makers. A few years later, colonial assemblies enacted slave codes. Today, our fate is subject to public decision-makers acting under color of law; namely, penal codes.
Codified law is inherently oppressive. See, for example, the New York Penal Code, Internal Revenue Code, Uniform Commercial Code and U.S. Bankruptcy Code. The basis for police terrorism is code law. These laws must be scrapped by Congress, the New York Legislature and the New York City Council.
New York Penal Law §35.27 (No-Sock Law) is legislation designed to place further fears on persons of African ancestry since it denies to them the right of self-defense with respect to any white person who might be a real or imagined, police officer or peace officer. This statute provides as follows:
A person may not use physical force to resist an arrest, whether authorized or unauthorized, which is being effected or attempted by a police officer or peace officer when it would reasonably appear that the latter is a police officer or peace officer
Justification – The New York Legislature needs to review Article 35 of the New York Penal Law. It employs the phrase “deadly physical force” but it fails to mention “excessive deadly physical force.” Thus, once deadly physical force is justified, excessive, deadly physical force is irrelevant. This is a loophole for anyone engaged in a shoot-to-kill policy. This loophole needs to be closed yesterday.
The Legislature must also narrow the circumstances which warrants the use of deadly physical force and also distinguish homicide under Article125 of the NY Penal Law from crimes against humanity which should include the November 25 shooting in Queens. Crimes against humanity are not especially recognized, in toto, under New York law.
New York County Law §700 - This statute allows for the powers and duties of a district attorney and it should be amended, in addition to the New York Executive Law, to allow for persons of African ancestry, as a class, to designate a special prosecutor for all crimes against humanity, state-sponsored murders, human and civil rights violations, and traditional penal law violations involving victims of African ancestry.
New York City Charter – This supreme municipal law gives the police department the authority to police itself. The mayor can only appoint and remove the police commissioner but he lacks any authority to discipline any police officer.
Black, Latino and Asian voters must coalesce to overcome barriers created by state law which gives the mayor undue control over local charter commissions and, therefore, protect the authority of the police to police itself.
Instead, a referendum must be placed on the ballot decentralizing the New York City Police Department and allowing for complete community control over it including the appointment of precinct commanders and the hiring and disciplining of police officers.
Until 1851, the City Council controlled police officers. Aldermen had the authority to hire and fire police officers. These police officers worked in those aldermanic districts. There must be a return to community control of the police especially given the diversity of cultures and languages today, in New York City, unlike, in 1850.
New York City Council – Although whites are only one-third of the population of New York City, at this time, they control the New York City Council. In 1989, the City Council was expanded, purportedly, to increase the representation of Blacks, Latinos and Asians. It is now composed of fifty-one members instead of thirty-five members.
In 1937, there were sixty-five members of the City Council. Many ethnic groups still had no political representation. It was reduced to allow for only token representation for Blacks. Today, this expansion of the City Council to sixty-five members would offset the effects of racial gerrymandering.
Federal Litigation – The New York City Council has an obligation to sue the governor of New York, the State Senate and the State Legislature for allowing the New York Police Department to participate in human rights violations including crimes against humanity, RICO violations, violation of rights under 42 U.S.C. §§ 1983, 1985, 1986 and violation of rights directly under the Thirteenth Amendment of the U.S. Constitution and the Fourteenth Amendment of the U.S. Constitution.
Plaintiffs should not only sue for injunctive relief but also for placing the NYPD in receivership. This process allows for the appointment of a receiver to manage an entity or agency that is unable to manage its own affairs. This remedy was available in the deep South for public school systems that systematically violated constitutional rights.
Blacks must approach the NYPD like the federal government should have attacked the Ku Klux Klan. The primary defendants must include Mayor Michael Bloomberg and Police Commissioner Ray Kelly under the doctrine of respondeat superior. NYPD is a criminal enterprise and a terrorist organization. This also gives rise to causes of actions under RICO and the Patriot Act.
Its financial apparatus must be dismantled. The city should not permit a dues check-off for members of the police department and no bank should accept the deposit of its illegal proceeds. Otherwise, Blacks and their churches must withhold their deposits from any bank that is used to finance our oppression.
The Congressional Black Caucus and the House Judiciary Committee, chaired by Cong. John Conyers, in 2007, should demand that the U.S. Justice Department intervene in the federal litigation under the Federal Rules of Civil Procedure.
The Carter Administration prosecuted a federal case against the Rizzo regime, which headed the Philadelphia Police Department and which, systematically, violated the constitutional rights of persons of African ancestry.
New York State Takeover – Soon after Eliot Spitzer became state attorney general, it came to his attention that members of the Wallkill Police Department were routinely harassing white women. His office initiated litigation to take over the police department. This village entered into a settlement with New York State.
On the other hand, Blacks were complaining about illegal police confrontations and racial profiling. Spitzer successfully argued, in the United States Court of Appeals for the Second Circuit, that racial profiling was constitutional. See 221 F.3d 329. After the assassination of Amadou Diallo, his office conducted a study and found that police confrontations with Blacks were unconstitutional.
This study had no legal import, however. He refused to impanel a grand jury and seek a grand jury report as is authorized under Article 190 of the NYCPL. A grand jury report must be recognized by the New York Legislature for changes in legislation. Unlike his action with the Wallkill Police Department, Spitzer has refused to sue the NYPD.
The state attorney general’s office has always possessed wide authority to prosecute municipal misconduct. For example, in 1894, this office conducted a study of abuses and neglect in the city’s insane asylums. The state took over these insane asylums.
Similarly, the state supervised elections in New York City for decades and initiated a proceeding to remove Mayor George B. McClellan for electoral fraud in New York City in 1905. To be sure, both Bloomberg and Kelly can be removed from their respective offices for allowing the NYPD to deprive persons of African ancestry of constitutional rights. The governor also has this authority.
World Court and the United Nations – Crimes against humanity are not punishable under state law and the United States has not only refused to classify descendants of enslaved Africans as citizens but also have perennially refused to accord persons of African ancestry any semblance of constitutional rights. Thus, the plight and status of persons of African ancestry are ripe for litigation in international tribunals.
Weapons Inspection – The use of semi-automatic pistols by the NYPD is wreaking havoc on the Black community in much the same way that the U.S. Army inflicted irreversible harm on the Indians with Gatling guns.
The Gatling gun was introduced in 1862 during the Civil War but it was sparingly used. This changed during the Indian Wars. This weapon of mass destruction was used indiscriminately against unarmed Indians or Indians only armed with bows and arrows. It was called Indian Removal.
These semiautomatic handguns, that have been given to police officers within the past two decades, are miniature Gatling guns. These weapons are unfit for urban policing and, inevitably, recklessly endangers all residents and all bystanders, remote or near.
The Gatling gun depleted the Indian population and these semi-automatic weapons, issued to police officers aided and abetted by a shoot-to-kill policy, will have the same effect on persons of African ancestry. Mayor Michael Bloomberg is only waiting for an excuse. The colonial governor in 2007 and the colonial mayor are plutocrats.
The weapons that are in the arsenal of the NYPD must be disclosed to the public. Many of these weapons are proscribed by international law and especially proscribed by the Geneva Conventions. They are in the possession of the NYPD and are already poised to be unleashed on the Black colony.
These weapons include “riot control agents” and herbicides which are also illegal under Executive Order 11850. Biological and chemical weapons are also present. The NYPD also possesses pepper spray which is unlawful for military use under the Geneva Conventions.
Urban Policy – Thirty years ago, the political establishment decided that New York City was facing a decline because of an influx of Blacks into the city beginning in 1946. The New York Times, which led the charge against fifteen year-old Tawana Brawley, who had been kidnapped and raped in Dutchess County in 1987, was the main rebel rouser.
Two years earlier, the Times, along with some prominent and activist Black preachers, endorsed Al D’Amato, a Republican, who was in the vanguard of advocating the position of the New York business community in the Senate.
He became a member of the powerful Banking Committee of the U.S. Senate which has a serious impact on urban policy. Freedom National Bank met its demise. Although all of these Black preachers are officially enrolled in the Democratic Party, they also do the bidding for the Republican Party. This creates confusion.
Today, these preachers are in the vanguard of the Sean Bell et. al. struggle. They have deep ties with the Republican Party and the business community. Their role is to pacify Black anger and to protect private property.
After the 1982 gubernatorial election, Gov. Mario Cuomo seized money earmarked to build decent housing for the poor, in honor of Dr. Martin L. King, Jr., and transferred it to his prison construction program. Zip codes were targeted to reduce the Black population.
Roger Starr, who was a member of the editorial board of the New York Times, wrote a major article in the newspaper urging a depopulation of Blacks in New York City through a federal, state and municipal conspiracy.
In 1985, he authored, “The Rise and Fall of New York City” which blamed Blacks for New York City’s decline. Bloomberg has adopted this position and it became especially clear when he called for illegal immigrants to fill jobs in New York as though Black men were enjoying full employment. The employment rate for Black males in New York City is fifty percent.
This is how government responds to the business community which has concluded that police terrorism is a tool to be used to end a Black presence in New York City coupled with gentrification like the empowerment zone in Harlem and the Atlantic Yards Project in Brooklyn coupled with depression-type unemployment.
Municipal agencies are able to conspire against Blacks with the total cooperation of Black selected officials. These selected officials have failed to complain about the racially-disparate distribution of contracts and the high rate of unemployment which fuels pessimism in the Black community.
Without any fanfare, the New York City Charter was altered in 1989 to expand the City Council from thirty-five to fifty-one seats to improve the chances of Blacks, Latinos and Asians being added to this legislative body. These additions are consistent with the rule that as more Blacks are selected to political offices, the worse conditions become for Blacks.
Today, the Blacks and Latinos on the City Council refuse to urge a takeover of the City Council although whites make up only one-third of the city’s population but they have a majority on the City Council. This disparity results from party politics and racial gerrymandering.
Moreover, the Black, Latino and Asian members of the City Council refuse to elect a person from a historically-despised group as Council Speaker. This is the power center of the City Council and it is the second of only two powerful positions in municipal government.
Consistent with Starr’s advocacy, the City Charter was also amended in 1989 to create a City Planning Commission and the mayor would be empowered to appoint seven members of a thirteen-member commission. This gives him the opportunity to plot against Blacks.
The mayor would also control municipal agencies, their contracts and would propose an annual budget and estimate of revenues after 1989. The Commission is responsible for the city’s overall physical and socioeconomic planning including the displacement of Blacks.
Municipal Budget – The mayor’s budgetary powers include the funding of the five district attorney’s offices in New York City. When these offices have malfunctioned, it should be reflected in the annual budget. Moreover, the City Council should threaten to cut off all funds to any district attorney’s office that has engaged in a pattern of prosecutorial misconduct or has supported the NYPD in perpetrating crimes against humanity.
Federal Communications Commission – With modern technology, all ethnic groups must have equal access to the airwaves and it is incumbent on the FCC to ensure that all groups enjoy a level playing field to benefit from a marketplace of ideas. In today’s world, there are myriad delivery systems. This has created an “Information Super Highway.”
In New York City, whites enjoy a variety of programming but the common thread in all communications in the Black colony is music. Political discourse is limited to the weekend. This is reminiscent of the jim crow South which prohibited Black radio stations from engaging in political discussions.
Although federal law requires political debate, it is honored in its breach. Whites are able to discuss and debate current affairs over the airwaves. No discussion can occur on jim crow radio until weekends. The radio licenses of the varied radio outlets, oriented to the Black colony, tells a different story and this disparity should be a matter of great concern to the FCC.
Conclusion – The political establishment learned a valuable lesson from the Civil Rights Movement. All future legislation must be racially-neutral on its face but must include poison pills. Before the Voting Rights Act of 1965, there were no more than 200,000 Blacks in the criminal justice system. Today, the number exceeds five million Blacks.
Similar legislation exists throughout federal and state laws and municipal ordinances. It is critical for whites that Black selected officials are present when these laws are discussed, debated and passed. Courts later review the legislative history of these laws and the comments of Black selected officials are used to disprove any claim of racism.
Military and paramilitary terrorism has always accompanied the removal of Blacks and Indians from prime real estate. Mayor Bloomberg unveiled a thirty-year plan for New York City. Blacks are missing from this plan. Terrorism and the legal process will be employed, primarily, to achieve this objective.
This is already happening. The U.S. Supreme Court ruled, on June 23, 2005 in Kelo v. City of New London, 125 S.Ct. 2655, that eminent domain could be used to seize private property for economic development despite the “public use” restriction in the Fifth Amendment. Eminent domain will allow for a private makeover of New York City.
The colonial governor of New York in 2007 and the colonial mayor of New York City are prominent members of FIRE. This means that they are plutocrats and have personal interests in maintaining and strengthening the ruling class. The interests of the rich and the interests of the poor are diametrically opposed to each other. Prominent preachers have tricked the Black masses again.
If Blacks are to fight fire with fire, it must begin with establishing an institution with adequate resources. An ad hoc approach to fighting terrorism is wholly inadequate. It is for this reason that the white media is currently promoting these ad hoc marches and demonstrations. This approach falls short of the Civil Rights Movement which had definitive goals, timetable, strategies and tactics.
Blacks enjoyed greater personal security in the United States before the ratification of the Thirteenth Amendment than after its ratification. Investors were not going to permit any destruction of its chattel without strict judicial scrutiny including a commission of the peers of the slaveowners as fact-finders. This would occur even when the complainant was a white female.
After the ratification of the Fourteenth Amendment, the United States promised to substitute for the slaveowner as the guarantor of the personal security of newly-freed Africans. This promise was supposed to exist in perpetuity. After the Tilden-Hayes Compromise, both traditional political parties agreed to honor this promise in its breach. Blacks decided to endorse their own oppression.
Blacks also decided to finance their own oppression. More than ninety-five cents out of every dollar in the Black colony takes immediate, Black flight. This undermines any opportunity for an economic infrastructure for Blacks. This also causes the decline of the economic value of every Black person. Thus, there are no financial deterrents to genocide.
As President Calvin Coolidge said, “The business of America is business.” This means that the country welcomes ethnic groups with entrepreneurial spirit. These groups trump Black consumers since they also promote creativity, ingenuity and opportunity.
Blacks consume but they fail to produce anything. This country is involved in the export-import business and Black consumers give rise to a debtor nation. There is a serious trade deficit and no real savings exist in the Black middle-class.
It has been reported in “The Economist” that approximately 99% of America’s 26m businesses have fewer than 500 employees.” This means that small businesses fuel this nation’s economy. There are virtually no small Black businesses.
Blacks are not adding to the nation’s economy and are also unable to finance political parties. This means that Black selected officials represent white business interests. Blacks have become a drag on the economy. Obsolete or fully-depreciated assets must be scrapped.
posted by Attorney Alton Maddox at 4:15 PM
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Your are Guilty F@#k You
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