George Floyd vs. Donald Trump: What Legacy Is Left Behind?
On May 25, 2020, our nation watched a handcuffed African American man lay on the ground while an Anglo police officer kept a knee on George Floyd’s neck for over eight (8) minutes and eventually die. Three officers of different races could have intervened, but did not. Justice moves slowly, but I am sure George Floyd and his family will receive some form of justice in the criminal courts and in the civil courts.
In response, I have witnessed Donald Trump talk about us vs. them, about government dominating the thugs, about putting alleged misdemeanor offenders in prison for twenty years, etc. because “that will teach them.” Donald Trump has always been a bully because money and power have been tools at his disposal. He has always had an against them mentality. He never lived in a world where he was stopped because of the color of his skin, where minorities with little money receive disparate sentences, where opportunities were lost because higher education was unattainable or where police officers violated civil rights regularly - - often in the death of innocents. Donald Trump and people like him promote the middle class shrinking and foster poverty increasing so they can maintain control and money. Justice for the Donald Trump and his compatriots is spelled JUST US.
If George Floyd had died on a back street away from any camera and four police officers said he was resisting arrest, our country might be quieter today as a nation swept another injustice under the rug. Instead, the world witnessed in horror what has been evident for decades - - some police officers believe they can violate anyone’s rights to life, liberty and happiness because no sanctions will follow. This belief persists because officers know fellow officers will do nothing and say nothing to stop an abuse or call out the bad apple in the group. On May 25, 2020, any of the three officers could have intervened after one minute, two minutes, three minutes, four minutes, five minutes, six minutes, or seven minutes. “Let’s put him in the car. Let me get him for you. I think he got your point.” were words never uttered and no physical demonstration of concern, anger, disgust, rage or disbelief was ever manifested.
And so, the silent majority decided to be heard - - and not because George Floyd died at the hands of several officers. The silent majority speaks today because George Floyd is the very precious last straw that broke the camel’s back. If you live in Los Angeles, Phoenix, Memphis, San Antonio, Chicago, Houston, Atlanta, Dallas, Washington, D.C., Miami and countless cities across the country, you hear the same story repeated day after day, week after week, year after year and decade after decade. In contrast to Donald Trump’s legacy of oppressive divisiveness, George Floyd’s memory must be one of healing, of love, of unity and of positive change. As we, our friends, our neighbors and our fellow citizens take to the streets, voices must be heard and the message of despair cannot be clouded by violent acts that fuel our president, the leaders in congress, state capitals and city hall. Instead, the legacy of George Floyd and the unforgotten loved ones like him must be a legacy of positive change. How can these changes come about?
First, look around at who protested and how many people protested. Donald Trump, Mitch McConnell are in power today because only 25% of us vote. Think about that number. The rich get tax breaks at the expense of the poor and middle class because 13% of America voted them into office. If half of the protesters register to vote tomorrow and “vote the bums out,” our nation will be a much different place.
Second, we need to have a serious dialogue about governmental immunity. At the state and federal level, judges routinely dismiss cases filed by wronged individuals because legislators created a system where the courts protect the government instead of protecting people. It is a very limited situation where individuals can successfully sue the government or its individual employees for violating civil rights. At one end of the spectrum a strong argument can be made that anyone can sue the government for the intentional and negligent conduct of its employees - - police, government agents in different departments, judges, legislators, etc. That argument will be tough to sell across the board. But why should we allow judges to determine if an officer was acting appropriately? Why not have the issue of governmental immunity be decided by a jury, with no opportunity for a judge to dismiss a case on the basis of summary judgement? Donald Trump and Mitch McConnell just stacked the federal benches across the country with some people who were accused of sexual assault and sexual harassment. Who do you think their decisions will protect? Legislatively, we should require governmental immunity to be redefined and only be used as an affirmative defense in front of a jury. Governmental immunity should not be a reason to dismiss a case unless a court finds as a fact that the deceased was an aggressor with a deadly weapon. Deadly force should not be a basis for governmental immunity unless the officer is actually confronted with deadly force.
Along the U.S. Mexico border, a Mexican national was shot in the back as he ran from immigration authorities years ago. The alien had no weapon and never brandished anything resembling a weapon. In dismissing the civil case against the government and the offending officer, a judge said the officer COULD HAVE BELIEVED the alien was running to get more help or to get weapons. The officer did not testify this was his belief at the time of the shooting. Only upon reflection after preparing for months in advance of his testimony did such a possibility come to light. The officer’s conduct was justified in the eyes of the law. Governmental immunity in that case could have been so different if a jury was allowed to hear the facts of the case. More importantly, police officers around the country would have heard “you never shoot a suspect in the back when he is running away.” Instead, every officer in the area and Border Patrol Agents across the country heard of a vindicated Border Patrol Agent who was sued and won in court after NEVER being charge criminally for killing an unarmed man who was far from the officer and running from what happens too often - - Good Shot.
We have heard the George Floyd officer (I omit his name intentionally because he deserves no mention or recognition) and many around the country have multiple complaints of excessive force in their departments. Sometimes officers of this nature are fired, but they go to different departments and start their campaigns of tyranny in other areas. This can be stopped legislatively. The Uniform Motor Carrier Safety Regulations require every trucking company to do a background check on every commercial driver before hire. Police departments should be statutorily required to conduct these checks and be PROHIBITED from hiring officers whose contracts were not extended or who were fired because of bad behavior. Departments with fired officers who have bad records must be ordered to report the behavior to state licensing authorities. Unless a review board finds there is NO MERIT to the complaint, why not take an officer’s license away if the officer has two complaints in a year, three in two years, four in three years? That option removes the discretion from police unions, police chiefs, internal affairs offices, etc.
Third, so many articulate, educated and charismatic people took to the streets to have their voices heard. These same people can and should be our voices on city council, county government, state government and even federal government. These voices of reason, these minds of individuals who question authority, these hearts of people who are compassionate toward all men and women from every area of society can take the helm and steward our ship in a new direction.
As citizens demand justice, as parents cry for their lost children, as neighbors seek change, we must all look at a means for change. These suggestions are small and simplistic in part. I know my thoughts today do not address education, housing, a living wage, social change, financial opportunity and so many other problems in America. Donald Trump wants to Make America Great for his 15% of Americans. Our community deserves great opportunities and justice for all Americans. Moving our nation in that direction should be the legacy of George Floyd and the many who have walked his path.