Author: George Chidi

  • Fulton County District Attorney Fani Willis sits in a courtroom in the Fulton county courthouse, Tuesday, July 11, 2023, in Atlanta. A grand jury being seated Tuesday in Atlanta will likely consider whether criminal charges are appropriate for former President Donald Trump or his Republican allies for their efforts to overturn his 2020 election loss in Georgia. (AP Photo/Brynn Anderson)

    Fulton County District Attorney Fani Willis sits in a courtroom in the Fulton County Courthouse on July 11, 2023, in Atlanta.

    Photo: Brynn Anderson/AP

    On Monday afternoon, I met an investigator from the Fulton County District Attorney’s Office in a nondescript parking lot downtown in Atlanta. He handed me two subpoenas to testify before one of the grand juries empaneled here considering charges in the 2020 election interference case with Donald Trump.

    I’m at Buteco, a bar in East Atlanta. I don’t drink anymore. I’m thinking about it.

    It’s the second time I’ve been asked to testify. A year ago, I sat in front of a grand jury on the third floor of the courthouse — which is now buttressed with orange barricades in anticipation of incipient madness — to describe barging into a semi-clandestine meeting of Republicans pretending to be Georgia’s official electors in December 2020.

    For more than two years, Fulton County District Attorney Fani Willis has been probing whether Trump and his allies broke the law when they tried to overturn the results of the 2020 presidential election in Georgia. The prosecutor has said that she will announce charging decisions by the end of August.

    I went to Georgia’s state Capitol on December 14, 2020, to watch the solemn and usually forgettable ritual casting of electoral votes. As Stacey Abrams led the Democratic delegation upstairs, Republicans sat in a reserved room on the Capitol’s second floor to prepare a competing — and potentially illegal — slate of their own.

    The Republicans threw me out of the room moments after I entered, camera phone in hand, going live on Facebook. When I asked what kind of gathering they were having, they told me it was an “education meeting.” As it turns out, Donald Trump’s election team had sent an email the previous night, instructing the group to maintain “complete secrecy.”

    Election madness wasn’t incipient in 2020; it was happening all around us. And I get thrown out of a lot of places. So I didn’t think much about it beyond tweeting a still from the Facebook Live, asking my friends to identify the people in the picture.

    But because I was lied to and thrown out, it confirmed that the legislators were acting in secret, that they didn’t want the press or public to know what they were doing. That specific bit of information has apparently been important enough to ask me to convey it to a grand jury — again.

    Security at the Fulton County Courthouse is tight on a normal day. The ghosts of Judge Rowland Barnes, court reporter Julie Ann Brandau, Sgt. Hoyt Teasley and Special Agent David G. Wilhelm — the four victims of Brian Nichols’s murder spree in 2005 — still haunt the space and inform its defenses.

    As Willis prepares a possible case against Trump, she’s taken even more serious precautions. The district attorney asked judges to reschedule hearings and other work for the next two weeks. Her office staff is working off-site for the moment.

    Willis has empaneled two grand juries for the coming month, and I have a subpoena for both of them. This process gives plausible deniability to the members of the grand jury reviewing election interference — and protection from public harassment. It also means I can’t tell which of the panels I’ve been called before is the one probing Trump — or if it’s both of them — until after I’m called. (I have no intention of disclosing those details, regardless.)

    Journalists should not be testifying in front of grand juries. We are not agents of the government, gathering intelligence to be used in prosecutions. Our role should be adversarial, and my role as a journalist in Atlanta has regularly been just that with regard to Fulton County government, law enforcement, and even the operation of its courts. The county jail is in shambles, the courts are backed up, and prosecutors’ increased emphasis on gang cases raises questions about criminal justice reform in this city.

    Journalists should not be testifying in front of grand juries. Our role should be adversarial.

    Grand jury proceedings are secret, and for ethically defensible reasons. If a grand jury chooses not to indict someone, open proceedings would leave a stain of suspicion on people without the detergent of sunlight and a public trial. But the secrecy also means that a journalist who is called to testify cannot generally assure their sources that they didn’t tell the government secrets they had promised to keep. It is for this reason that journalists who work on sensitive material usually fight such subpoenas.

    I am reviewing my legal options with retained counsel. But I expect to testify, as before, after receiving assurances that I will not be compelled to offer information outside of the narrow issue of election interference and my observations on December 14, 2020.

    The Trump election interference case raises unique questions about the role of a free press in preserving democracy. I ignore my obligations to that not just at my own peril, but also that of every journalist.

    The post I Was Just Subpoenaed by Trump’s Georgia Grand Jury. Here’s What I’ll Tell Them. appeared first on The Intercept.

    This post was originally published on The Intercept.

  • Fulton County District Attorney Fani Willis sits in a courtroom in the Fulton county courthouse, Tuesday, July 11, 2023, in Atlanta. A grand jury being seated Tuesday in Atlanta will likely consider whether criminal charges are appropriate for former President Donald Trump or his Republican allies for their efforts to overturn his 2020 election loss in Georgia. (AP Photo/Brynn Anderson)

    Fulton County District Attorney Fani Willis sits in a courtroom in the Fulton county courthouse, Tuesday, July 11, 2023, in Atlanta.

    Photo: Brynn Anderson/AP

    On Monday afternoon, I met an investigator from the Fulton County District Attorney’s Office in a nondescript parking lot downtown in Atlanta. He handed me two subpoenas to testify before one of the grand juries empaneled here considering charges in the 2020 election interference case with Donald Trump.

    I’m at Buteco, a bar in East Atlanta. I don’t drink anymore. I’m thinking about it.

    It’s the second time I’ve been asked to testify. A year ago I sat in front of a grand jury on the third floor of the courthouse – which is now buttressed with orange barricades in anticipation of incipient madness – to describe barging into a semi-clandestine meeting of Republicans pretending to be Georgia’s official electors in December 2020.

    For more than two years, Fulton County District Attorney Fani Willis has been probing whether Trump and his allies broke the law when they tried to overturn the results of the 2020 presidential election in Georgia. The prosecutor has said that she will announce charging decisions by the end of August.

    I went to Georgia’s state capitol on December 14, 2020, to watch the solemn and usually forgettable ritual casting of electoral votes. As Stacey Abrams led the Democratic delegation upstairs, Republicans sat in a reserved room on the capitol’s second floor to prepare a competing – and potentially illegal – slate of their own.

    The Republicans threw me out of the room moments after I entered, camera phone in hand, going live on Facebook. When I asked what kind of gathering they were having, they told me it was an “education meeting.” As it turns out, Donald Trump’s election team had sent an email the previous night, instructing the group to maintain “complete secrecy.”

    Election madness wasn’t incipient in 2020; it was happening all around us. And I get thrown out of a lot of places. So I didn’t think much about it beyond tweeting a still from the Facebook Live, asking my friends to identify the people in the picture.

    But because I was lied to and thrown out, it confirmed that the legislators were acting in secret, that they didn’t want the press or public to know what they were doing.. That specific bit of information has apparently been important enough to ask me to convey it to a grand jury – again.

    Security at the Fulton County courthouse is tight on a normal day. The ghosts of Judge Rowland Barnes, court reporter Julie Ann Brandau, Sergeant Hoyt Teasley and Special Agent David G. Wilhelm – the four victims of Brian Nichols’ murder spree in 2005 – still haunt the space and inform its defenses.

    As Willis prepares a possible case against Trump, she’s taken even more serious precautions. The district attorney asked judges to reschedule hearings and other work for the next two weeks. Her office staff is working off-site for the moment.

    Willis has empaneled two grand juries for the coming month, and I have a subpoena for both of them. This process gives plausible deniability to the members of the grand jury reviewing election interference — and protection from public harassment. It also means I can’t tell which of the panels I’ve been called before is the one probing Trump – or if it’s both of them – until after I’m called. (I have no intention of disclosing those details, regardless.)

    Journalists should not be testifying in front of grand juries. We are not agents of the government, gathering intelligence to be used in prosecutions. Our role should be adversarial, and my role as a journalist in Atlanta has regularly been just that with regard to Fulton County government, law enforcement and even the operation of its courts. The county jail is in shambles, the courts are backed up, and prosecutors’ increased emphasis on gang cases raises questions about criminal justice reform in this city.

    Grand jury proceedings are secret, and for ethically defensible reasons. If a grand jury chooses not to indict someone, open proceedings would leave a stain of suspicion on people without the detergent of sunlight and a public trial. But the secrecy also means that a journalist who is called to testify cannot generally assure their sources that they didn’t tell the government secrets they had promised to keep. It is for this reason that journalists that work on sensitive material usually fight such subpoenas.

    I am reviewing my legal options with retained counsel. But I expect to testify, as before, after receiving assurances that I will not be compelled to offer information outside of the narrow issue of election interference and my observations on December 14, 2020.

    The Trump election interference case raises unique questions about the role of a free press in preserving democracy. I ignore my obligations to that not just at my own peril, but that of every journalist.

    The post I Was Just Subpoenaed By Trump’s Georgia Grand Jury. Here’s What I’ll Tell Them. appeared first on The Intercept.

    This post was originally published on The Intercept.

  • As Georgia prosecutors pursue increasingly aggressive tactics against Cop City protesters, Georgia Attorney General Chris Carr intervened to double down on domestic terrorism charges against a legal observer, previously unreported meeting minutes reveal.

    Thomas Webb Jurgens, a legal observer from the Southern Poverty Law Center, is facing charges of domestic terrorism after being swept up in arrests made back in March at the forest-turned-construction-site outside Atlanta where activists have been protesting a multimillion-dollar police training center for more than a year.

    But when Dekalb County’s district attorney called to drop charges against Jurgens, who was wearing bright green clothing to identify him as a legal observer at the time of his arrest, Carr, a conservative Republican with a Federalist Society pedigree, overruled the objections.

    Georgia Bureau of Investigation, or GBI, Director Michael Register, an appointee of Republican Gov. Brian Kemp, reported the exchange at a Georgia Board of Public Safety meeting in April. After confirming the state planned to pursue controversial racketeering charges against those arrested following a concert at the site on March 5, Register added that “Dekalb County wanted to drop the charges on the attorney from the Southern Poverty Law Center who was arrested from this incident, and the Attorney General said no.”

    After the concert in the park on March 5, a group of black-clad provocateurs broke away and began damaging construction equipment and throwing Molotov cocktails at police, according to law enforcement officials’ statements. The website Defend the Atlanta Forest, which activists have used for public communication, acknowledged that “a separate protest group with hundreds of people marched to the forest” during the group’s “week of action” concert, in response to the killing of environmental activist Manuel “Tortuguita” Terán at the hands of police in January.

    “Police retaliated viciously by raiding the entire forest, arresting at least 35 people at the nearby music festival, including people with no connection to or awareness of the action on the other side of the nearly 600 acre forest,” activists wrote.

    Police charged 23 people after arrests at the event. Most are facing domestic terrorism and state racketeering charges, which are being prosecuted by the state attorney general’s office.

    Carr has held a series of increasingly powerful institutional and politically appointed positions in Georgia’s Republican firmament, beginning with work as general counsel for the Koch-backed Georgia Public Policy Foundation, then as chief of staff for former Sen. Johnny Isakson, culminating in a 2016 appointment to succeed Sam Olens as Georgia’s attorney general. Carr has since won two statewide elections as attorney general and is widely expected to run for higher office.

    Georgia’s Republican-controlled legislature took a swipe at the autonomy of local prosecutors this year when Senate Bill 92 created the Prosecuting Attorneys Qualifications Commission, a statewide oversight council aimed at reining in locally elected prosecutors who engage in the “willful and persistent failure to carry out statutory duties.” Initially conceived as a reaction to prosecutorial failures in the Ahmaud Arbery case, Republican lawmakers more recently appeared to be motivated by a progressive prosecutor in Clark County — home of the University of Georgia college town Athens — who had begun refusing to prosecute minor drug cases.

    Other Democratic district attorneys around the state have objected to the new commission, suggesting that it is designed to punish prosecutors who refuse to enforce the state’s newly empowered abortion laws or, in the case of Fulton County District Attorney Fani Willis, the potential prosecution of former President Donald Trump and alleged 2020 election interference conspirators.

    Register’s comments suggest that decisions about prosecuting protesters on serious charges like racketeering or domestic terrorism are coming from the state’s Republican officeholders and not necessarily local law enforcement officials in overwhelmingly Democratic metro Atlanta counties.

    The Southern Poverty Law Center did not respond to inquiries seeking comment. Jurgens’s attorneys, however, did.

    “We are appreciative of GBI Director Register for bringing into the public light that the DeKalb County District Attorney’s Office correctly wanted to dismiss the charges against our client Tom Jurgens,” said his attorneys L. Burton Finlayson and Andrew Hall. “Tom is not a domestic terrorist. Tom is a locally-raised, University of Georgia undergraduate and Law School graduate (‘Double-Dawg’), practicing Georgia attorney who was working as a volunteer legal observer to ensure that all [protesters’] constitutional and civil rights were protected. Ultimately, we believe (and hope) that cooler heads among the prosecution team will prevail and that, upon a sober examination of the facts, all charges against him will be dismissed.”

    Earlier this month, apparently under the direction of Carr, police arrested three organizers of the Atlanta Solidarity Fund on charges of money laundering and charity fraud. The warrants for their arrest were sworn out by a GBI agent and not local law enforcement officials, describing them as “domestic violent extremists” as designated by the Department of Homeland Security. The term has become a flashpoint in the case. While the Department of Homeland Security used the phrase in a May 24 security bulletin referring to protests in Atlanta, the department — for the second time — denied using the term as a formal designation for the Cop City activists.

    A spokesperson for Carr refrained from comment for this story. A spokesperson for the GBI acknowledged Register’s comments, noting that it was his practice to provide updates about major activities around the state to other law enforcement leaders.

    The office of DeKalb County District Attorney Sherry Boston also abstained from commenting directly on the protest case “because we cannot comment on an open case,” a spokesperson said. But her office did have something to say about the process.

    “Domestic terrorism is one of only a handful of charges for which the state and county have concurrent jurisdiction,” Boston’s spokesperson said. “Early on, our office decided to join the multijurisdictional task force on the Atlanta Public Safety Training Center in order to protect the people of DeKalb County and represent their interests. While the Attorney General can prosecute these cases without input from the Office of the DeKalb County District Attorney, DA Boston and our team continue to advocate for charging decisions that align with the alleged actions of each individual defendant, as well as the mission and values of the DeKalb DA’s office.”

    Register’s comments to the Georgia Board of Public Safety are somewhat more expansive than other statements made about law enforcement’s response to Cop City protests, possibly because these staid meetings of the state’s senior law enforcement officials — usually held somewhere other than a metro Atlanta location — are rarely covered by the media and generally draw little public attention.

    In previous comments to the board from March 9, four days after the protest arrests at the Cop City site, Register described the incident from law enforcement’s perspective in detail. Police reacted to approximately 150 people walking up a cleared Georgia Power corridor through the forest, he said, who “had protective clothing on and some had shields made out of 55 gallon drums. The officers had to retreat across the roadway to a fenced in area and into another fenced in area to lock themselves in. The subjects came into the construction site and were using fireworks to shoot at the officers and throwing objects, such as rocks, at the officers. While a portion of the subjects was doing this, the other individuals went to various pieces of equipment and burned two four-wheelers and a front-end loader, a trailer, as well as the cameras that caught the assault.”

    Of the 23 people arrested by the Atlanta Police Department and the Georgia State Patrol that night, only Jurgens and another protester, Jack Beaman of Decatur, were from Georgia, Register emphasized, according to the meeting minutes. “21 were from out of state and out of those, 2 were from out of country — Canada and France. Director Register stated the Bureau worked with its federal partners, as well as the State Department to contact their counterparts in Canada and France on these two individuals to dig a little deeper on them.”

    Activists’ answer to this line of thought has been to suggest that police have deliberately targeted out-of-state protesters for prosecution, releasing people with local addresses after detaining them during demonstrations to inflate the perception of “outside agitators” spurring violence.



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    This content originally appeared on The Intercept and was authored by George Chidi.

  • Last week, as Atlanta was absorbing yet another piece of bad news about its snakebit proposal for a new police and fire training facility — that it would cost the public twice as much as had been discussed — MSNBC host Chris Hayes said what much of the national audience must be thinking.

    “I have to say, I’ve followed this story from afar and only moderately closely, but I remain mystified why Atlanta officials are just so so SO intent on building this thing,” he tweeted.

    The city first accepted the proposal to build the Atlanta Public Safety Training Center — Cop City in the vernacular, a $90 million, 85-acre campus just outside of the city proper — while crime was rising in 2021, but also while the wounds of the George Floyd and Rayshard Brooks protests were still healing. A multimillion-dollar police training center, in the middle of a forest, with little transparency or recourse for voters, felt like a slap in the face to people who had been marching Atlanta flat for democracy.

    The plan calls for the city to pay about $33 million today and another $1.2 million a year for the next 30 years to cover debt for the entity building it, the Atlanta Police Foundation. That public cost is about twice as high as was reported in late 2021 when the proposal was first authorized and comes after nearly two years of strident opposition by residents and activists far and wide. City officials are quietly arguing that this was always the cost and that everyone has simply been mistaken, despite no real effort made to correct that mistake before local journalists at the Atlanta Community Press Collective dug closely through the figures.

    But here’s the thing: The Atlanta City Council still voted to fund Cop City early Tuesday morning, by a vote of 11-4.

    Anticipating a potential disruption, Mayor Andre Dickens closed City Hall for regular business on Monday and banned outside liquids in the building airport security style. Dozens of cops hovered at the edges of City Hall’s atrium as hundreds of people waited hours and hours for their turn to voice their opposition. Virtually everyone here stood against the proposal.

    Moments after the vote, activists shouted threats at City Council members. “Your hands are not tied. You are the rope,” Rohit Malhotra, founder and executive director of the Center for Civic Innovation in Atlanta, said at 3:20 a.m., among the last speakers of the night. At one point, another activist lunged over the railing between the crowd and the dais to shout, “I will fucking find your ass,” at council member Jason Winston, a ring of cops separating the two.

    The short answer to Hayes’s question is that officials don’t think their practical alternatives to replace the city’s ad hoc, dilapidated, and unsuitable facilities are any better. And they believe that people aren’t angry because of a dispute over Cop City’s cost or the environmental challenges associated with the land, but because the city’s messaging was badly bungled. Critically, City Hall’s leaders believe that potential electoral blowback is limited.

    In another city, a training facility might be a parochial argument. But like all things in Atlanta politics, state and national political forces come to bear. Georgia is all too often the center of the political universe, and conflict descends upon it like up-tempo cicadas in the summer.

    ATLANTA, GEORGIA - MARCH 4: Environmental activists reoccupy the Atlanta Forest, a preserved forest Atlanta that is scheduled to be developed as a police training center, March 4, 2023 in Atlanta, Georgia. Intent upon stopping the building of what they have called cop city, the environmentalists were evicted from the forest in January, resulting in the killing by police of Manuel Teran, a young activist and medic. (Photo by Andrew Lichtenstein/Corbis via Getty Images)

    A sign asks “How many more?” following the killing of environmental activist Manuel “Tortuguita” Terán at the site of the future Cop City in Atlanta on March 4, 2023.

    Photo: Andrew Lichtenstein/Corbis via Getty Images

    Cop City is caught between four different groups with four very different political agendas.

    On one side, police abolitionists have made opposition to Cop City their shibboleth, a sign of ideological fidelity to anti-authoritarian principles. They’re not negotiating. Police are pitching a mock city to train police how to enter buildings in an active shooting situation. Opponents asked the council to consider all the ways $90 million might be used to keep that shooting from happening in the first place, likening the training center to a medieval fort in an occupied city or the infamous School of the Americas at what we used to call Fort Benning.

    Graffiti declaring that “Cop City will never be built” ornaments the famed Krog Street tunnel, and overpasses, and subway pylons, and street signs. The energy of youth and activism — a product of four years of hard-fought progressive politics in this state and this city — organically suffuses their messaging as both an appeal to Atlanta’s left-leaning public and as a national call to fight.

    National observers might try to connect the Stop Cop City movement to political forces that elected two U.S. senators and denied Donald Trump a presidency, but that’s not quite it, because the protesters are just as pissed off at Democrats as anyone else. After all, the decision-makers for the city of Atlanta are almost all Democrats. The mayor is a Democrat. At least 12 of the city’s 15 council members are Democrats. And eight of those Democrats voted to pass the ordinance.

    Directly opposite the abolitionists stands a decidedly Republican opponent: Georgia’s Attorney General Chris Carr. Carr is a politically ambitious prosecutor who will almost certainly run for higher office in 2026. He’s not exactly counting on the Atlanta vote to propel him to the governor’s mansion. To the degree that Cop City is a political question, Carr wants to show a statewide Republican primary audience that he is willing to confront “antifa” — antifascists — and “domestic terrorists” on terms Georgia’s conservative base would find acceptable.

    As crime rose in Atlanta during the pandemic, Carr and the state have responded by stepping up enforcement while ignoring local sensibilities. The Georgia State Patrol began car chases in ways that the Atlanta Police Department wouldn’t consider, increasingly resulting in deadly crashes. It wasn’t an Atlanta police officer who shot the environmental activist Manuel “Tortuguita” Terán dead in January near the Cop City site. An autopsy report laid responsibility on six Georgia State Patrol officers.

    The killing set off a new wave of activism and media attention. Activists tied that death, and the city’s liberal leadership, to the same illiberal forces in state government and in corporate Georgia who would criminalize dissent. For Carr’s crowd, concerns raised by city leaders — read: Democrats — about using state police and terrorism statutes to constrain civil protest are unimportant at best to aspirational Republican leaders and a side benefit in practice.

    ”State Republicans are using this vote on this proposed project to launch themselves into office for the next cycle.”

    “What is happening is state Republicans are using this vote on this proposed project to launch themselves into office for the next cycle,” said James Woodall, public policy advocate for the Southern Center for Human Rights. “The silence by Democrats to let that happen demonstrates why this state is not blue.”

    Then, on Thursday, police raided a house near the facility which had been an activist staging ground for protests. Cops picked up three activists: Marlon Scott Kautz, 39, and Adele Maclean, 42, both of Atlanta, and Savannah Patterson, 30, of Savannah, Georgia. Each were charged with money laundering and charity fraud.

    The arrests introduced yet another challenge to the progressive credentials of city leaders in Atlanta: an attack on the mechanisms of protest in a city historically defined by the civil rights struggle.

    But while Atlanta police officers conducted the arrests, it was Carr’s office who drove them. Georgia Bureau of Investigation officers swore out the arrest warrants before a DeKalb County superior court judge, describing the three activists as part of “a group classified by the United States Department of Homeland Security as Domestic Violent Extremists.”

    The local district attorney, Sherry Boston, didn’t argue the state’s case against bond for the three in front of a magistrate’s court judge. Deputy Attorney General John Fowler from Carr’s office made that argument instead. The judge was unimpressed.

    “I’m concerned about some of the same things that the defense attorney mentions about the line between legitimate free speech and crossing into illegal violent acts,” said DeKalb Magistrate Court Judge James Altman. “Paying for camping supplies and the like? I don’t find it very impressive. There’s not a lot of meat on the bones of the allegations that thousands of dollars are going to fund illegal activities.”

    Altman actually wished the three arrestees good luck and wondered what the state was thinking.

    Protesters yell at council members after the vote passed 11 to 4 to approve legislation to fund a police and firefighter training center, Tuesday, June 6, 2023, in Atlanta. (Jason Getz/Atlanta Journal-Constitution via AP)

    Protesters yell at council members after the vote passed 11-4 to approve legislation for Cop City on June 6, 2023, in Atlanta.

    Photo: Jason Getz/Atlanta Journal-Constitution via AP

    The city and the Atlanta voting public are caught between these two forces.

    Dickens won Atlanta’s mayoral election in 2021 with a mandate amid one of the fastest increases in violent crime in the city’s history. But the political machine Dickens inherited is built out of Bondo, duct tape, and bailing wire. City Hall’s relationship with both the public and its police department was ruined by neglect and the erosion of trust that began in 2020 with the police shooting of Brooks and continued with the soft “blue flu” sickout that police subsequently staged in protest of the charges laid on the two cops who shot him.

    Dickens has been a one-man army repairing relationships across the board, meeting frenetically with neighborhood groups and civic organizations while fending off a spurious initiative to separate Atlanta’s wealthy Buckhead neighborhood into a new city. He’s also cleaved ever closer to the Atlanta Police Foundation, which is funding Cop City with $30 million in donations collected from the city’s corporate sector, and to other organizations that Dickens believed could rebuild the frayed relationship the police. The foundation administers the city’s ever-expansive camera network, helps fund housing in the city for police officers, operates the city’s gang youth diversion centers, and has helped run the analytics on the city’s targeted repeat offender enforcement plan.

    And the city’s homicide rate, year to date, has fallen about 35 percent and is trending back to the pre-pandemic baseline. While Atlanta’s crime increase was fourth-fastest in America for large cities, its fall has been just as fast. One year ago, Atlanta had recorded about 167 homicides in the previous 365 days. The annual count is 134 at the week ending May 27, an annualized rate of about 26 per 100,000 residents. If the city holds at the current pace, it will record 107 homicides in 2023, only seven more than the 2019 low.

    One can attribute the fall in homicides to many things, just as the sharp spike in 2020 had many causes. The administration points to evermore aggressive enforcement around gangs, guns, and drugs.

    When it comes to Cop City, the city has never had a Plan B. The general consensus is that the current situation is untenable: The police department rents classroom space at Atlanta Metropolitan State College, with hands-on training in neighboring jurisdictions. The fire department has been training in a vacant elementary school which is now condemned. No credible alternative has been discussed in the six-year process of planning for a new police training facility. Ending this project would set the process back to square one.

    In the absence of a training facility owned by the city, Atlanta will pay whatever the market demands, said Chata Spikes, a city spokesperson for the project. The Atlanta Public Safety Training Center is more than a recruiting tool or a facility for progressive police training: It’s necessary cost containment, she said.

    “This morning’s vote approving the budget resolution for the Atlanta Public Safety Training Center marks a major milestone for better preparing our fire, police and emergency responders to protect and serve our communities,” the mayor said in a statement. “We know there have been passionate feelings and opinions about the training center. … I know there is more work to be done and I am committed to building trust, and my administration looks forward to continuing the conversation in the weeks ahead.”

    The last side is the Atlanta public, exerting whatever influence it can on the other three.

    Most Atlanta residents are neither policing abolitionists nor cop cheerleaders. Many neighborhoods, including majority-Black, overwhelmingly Democratic communities on Atlanta’s west side, measure the city by its responsiveness to neighborhood blight, traffic problems, and crime. Conceptually, a police training center isn’t inherently controversial to most Atlantans.

    It also isn’t being built in any of their backyards. Rather than muddle through one of the city’s acrimonious planning fights, city leaders alighted on a plan to build Cop City on city-owned land that wasn’t actually in the city, but in a neighboring county. A quirk in state law allows them to sidestep the normal planning and zoning process that way.

    The most vocal neighborhood-level opposition has come from the City Council district closest to the Cop City site: Atlanta’s 5th District, held by Liliana Bakhtiari. Four of the other nine districts show significant opposition, political observers say. When the Cop City budget proposal came up for discussion in Atlanta’s City Council two weeks ago, hundreds of opponents came in a line winding through the marble halls and into the street. The chamber recorded seven hours of public comment, with not one single speaker in favor of the project.

    But City Council members voting to fund the facility believe opposition is too diffuse in the remaining districts to create a political opening for a challenger. And City Council members believe there’s a distinction to be made between highly motivated activists enjoying the spectacle of free-wheeling public comment and the quiet masses who don’t attend hearings at City Hall.

    All four of the “no” votes came from members elected in 2021. Three of Atlanta’s 15 City Council members are elected citywide. Among them, only Keisha Waites (who replaced Dickens on the council) voted against the funding, joining Bakhtiari from the well-gentrified East Atlanta, Jason Dozier who represents parts of downtown Atlanta and much of the Atlanta University Center area with the city’s famed historically Black colleges, and Antonio Lewis, whose district starts with the rapidly gentrifying Capitol View neighborhood and ends in some of South Atlanta’s poorest neighborhoods.

    Protestors gather in the atrium of Atlanta City Hall to protest the proposed police training center on Monday, June 5, 2023. (Natrice Miller/Atlanta Journal-Constitution via AP)

    Protesters gather in the atrium of Atlanta City Hall to protest funding for Cop City on June 5, 2023.

    Photo: Natrice Miller/Atlanta Journal-Constitution via AP

    Questions have been building about Cop City since its first hearing. How would the Atlanta Police Foundation raise its end of the cost? From which corporate donors? How would it administer the property? Who will get to train there? Would police really engage in military-style training? How can we tell the environmental remediation claims made by the city would be served? How does the facility connect with the city’s purported commitment to criminal justice reform and social justice? What about mental health training? Why does it cost so much?

    The mayor’s office has wanted to manage the narrative. So it instructed the Atlanta Police Foundation to refer all public inquiries to City Hall and to clam up. The city appointed an advisory committee, which stopped having meetings once protests escalated. The mayor appointed a new advisory committee with some Cop City critics on the panel, then initially declared that its meetings would be held privately. Dickens quickly reversed himself, but by then, the damage had been done. The result has been a disaster as protest intensified and Atlanta’s political failure to register public discontent compounded on itself without credible answer. Meanwhile, Republicans at the state level have done, well, whatever they thought was necessary, without regard to the political challenges they created for Atlanta’s leaders.

    Phone calls and emails made to the Atlanta Police Foundation from The Intercept and other publications were redirected to the city’s police department, which was not equipped to answer questions that are fundamentally political. The mayor’s office repeated its talking points.

    The process has not met the expectations of a city that that is continually engaged in biennial warfare in the name of preserving democracy. Cop City increasingly looked like a wall with no windows.

    Related

    Atlanta Police Arrest Organizers of Bail Fund for Cop City Protesters

    But last week’s arrests broke silences. Over the weekend, U.S. Sens. Jon Ossoff and Raphael Warnock, who had previously refrained from public criticism of the project, both made statements about the arrests.

    Both Ossoff and Warnock upheld the virtues of nonviolent protest in their statements and made a distinction between that and violent opposition. Those statements were an acknowledgement that the fight over Cop City has a national audience and might give city leaders pause.

    “It is imperative that the response of government to the violent few not intimidate or infringe on the Constitutional rights of those engaged in nonviolent protest and civil disobedience,” Ossoff said.

    Warnock, who has a history of nonviolent protest in Atlanta and has recently been confronted by activists in public forums for his silence, sharply questioned the arrests. “These tactics, coupled with the limited public information provided so far, can have a chilling effect on nonviolent, constitutionally-protected free speech activities those of us in the fight for justice have been engaged in for years,” he said. “The work of bail funds and providing support and legal representation has been critical to moving our nation forward, including during the Civil Rights Movement and in the years since. … The images of the raid reinforce the very suspicions that help to animate the current conflict — namely, concerns Georgians have about over-policing, the quelling of dissent in a democracy, and the militarization of our police.”

    The people who held down chairs in the hall for 16 hours awaiting the funding vote are, often, the same people who knock on doors and phone bank and raise money during election season. The impact of this vote isn’t likely to change much about the composition of the Atlanta City Council. But it could impact the 2024 presidential race in Georgia, and by extension in America, given Georgia’s newfound swing state status.

    In the absence of strong grassroots activism, Georgia Democrats look at results like Stacey Abrams’s 54-46 loss to Brian Kemp for governor last year. With it, they can squeeze out narrow victories that denied Trump this state’s 16 electors and denied Herschel Walker a Senate seat.

    If the vote had failed, the right would have weaponized that failure as Atlanta “coddling criminals” and “defunding the police.” But they’ll do that anyway. The question is whether Democrats will lose more from the attacks than they gain from activist support. It is the Democratic Party’s job to make that calculation. But the comments by Ossoff and Warnock this weekend suggest they’re thinking about it.

    The post No One Believes in Cop City. So Why Did Atlanta’s City Council Fund It? appeared first on The Intercept.

    This post was originally published on The Intercept.

  • Cerelyn “C.J.” Davis, chief of police in Memphis, won praise for her immediate response to the Tyre Nichols beating death. Amid criticism, she and the city shuttered the SCORPION unit, created as one of her first acts as Memphis’s new police chief in 2021, whose officers conducted the traffic stop and beating of Nichols.

    Davis, of all people, should have understood how high-intensity, politically driven specialized policing units could go wrong. Davis ran Atlanta’s checkered REDDOG unit for about 18 months in 2006 and 2007, according to the resume she gave Durham, North Carolina, in 2016 before being named police chief there.

    When asked, a Memphis Police Department spokesperson said that its SCORPION unit was modeled on Boston Police Department’s Operation Ceasefire, which — at least in design — is meant to be a very different system than what was on display in the Nichols video. But people in Atlanta who experienced REDDOG’s tactics recognized the similarity to the jarring video released last Friday of Nichols’s beating death.

    Atlanta’s REDDOG, which stood for Run Every Drug Dealer Out of Georgia, predated Davis’s tenure in Atlanta by a decade. Still, Atlanta created it in 1988 under very similar political conditions to those in Memphis today. At the time, Atlanta was setting national homicide records, even as the city was preparing for the Democratic National Convention. Then-Mayor Andrew Young faced massive political pressure to show action against street crime.

    REDDOG met violence with a roving wave of violence of its own. For 23 years, REDDOG officers regularly terrorized poor Black neighborhoods and Black residents of Atlanta.

    Emery Carter was a 27-year-old military veteran in 1998 when two Atlanta REDDOG cops barreled into him while chasing someone else. “The REDDOGs blamed me for letting him get away, so they took me to the park, beat me up, and let me go,” he said. “They say, ‘Do you want to go to jail, or do you want us to beat you up and take your money?’ This became a regular thing. Who are you going to tell? You can’t call the police on the police.”

    Terrick Young was a homeless 15-year-old on Cleveland Avenue at the same time Carter was on Jonesboro Road, both in impoverished parts of South Atlanta. Rather than help him find shelter, cops from the unit found him with marijuana, beat him, and took $150 away from him, leaving him to find his way to a hospital to get stitches. The incident — and other run-ins with REDDOG — left him with permanent physical and emotional scars.

    “This was the odd thing about REDDOGs, man. They didn’t arrest most people,” Young said. “They mostly just robbed you and beat you up and let you go. A lot of people don’t know that. I guess they didn’t want to do paperwork or whatever.”

    There is no shortage of stories about REDDOG’s conduct. Outkast, T.I., Young Dro, Killer Mike, and dozens of other rappers have referenced run-ins with REDDOG over the years. Atlanta’s immortal rap group Goodie Mob titled a song “Dirty South” on their 1995 album “Soul Food.” “One to da two da three da four/ Dem dirty REDDOGS done hit the door / And they got everybody on they hands and knees / And they ain’t gonna leave until they find them keys.”

    Atlanta disbanded the unit in 2011 in the wake of a police raid on an LGBTQ night club where patrons were made to kneel in broken glass and subjected to racist and homophobic abuse. REDDOG joined a growing list of specialized policing units like CRASH of the Rampart scandal in Los Angeles and the Gun Trace Task Force in Baltimore, shuttered after wide-ranging corruption and misconduct.

    Davis, the current Memphis police chief, served with the Atlanta Police Department for 16 years and commanded the REDDOG unit between June 2006 and November 2007. (Notably, REDDOG was not responsible for the infamous Kathryn Johnston shooting of 2007.) She left Atlanta to run Durham’s police department until 2021.

    Like most American cities, Durham’s violent crime rate spiked during the pandemic. City leaders faced calls to do something quickly, said former Mayor Steve Schewel. But the city had also long been committed to reform, even before the George Floyd protests of 2020 threw criminal justice issues into sharp relief, he said.

    “We have a big, politically vigorous democracy here,” Schewel said. “People were in the streets. She kept the police away from demonstrations. I give her really high marks for that.”

    Davis had embraced reforms, like a requirement for police to obtain written consent before searching a car and pushing cases into the misdemeanor first-offender programs in court, Schewel said. “She walked the line between having the confidence of the community and having the confidence of the police department.”

    Durham lost Davis to a bigger job. When she arrived in Memphis, the city was wrestling with the highest homicide rate among America’s largest cities, driven by youth street crime. Memphis broke its record in 2021, with 346 homicides, a rate of about 48 per 100,000 residents.

    Memphis’s political leadership sounded much like Durham’s: desperate to keep shootings, like the murder of the rapper Young Dolph, from defining the city’s culture, but looking for long-term solutions to the underlying causes of crime.

    “There is no quick fix,” Memphis Mayor Jim Strickland said at the “State of the City” address in January 2022. “Unfortunately, the actions we take today don’t mean the crime problems will go away tomorrow.”

    In that address, Strickland touted arrests and seizures made by the city’s new SCORPION unit, noting that “we must remove from our streets those predators who perpetrate violence and use guns to harm and rob others.”

    Communities implement a Ceasefire-style program — as the SCORPION unit was meant to be — to reduce gun violence, particularly youth gun violence.

    That kind of program begins with intense data analysis to isolate the fraction of a percent of a community who tend to be responsible for most of its violence. Police then contact those at highest risk for committing an act of gun violence to tell them that they’re being observed. They’re offered a choice: an off-ramp from their gang activities with enhanced resources as part of the program, or intense prosecution by the system if they shoot someone.

    Nothing of this approach — rigorous targeted intervention with available resources — had anything at all to do with Tyre Nichols, except perhaps that he was a young Black man in a Memphis crime hot spot that the model had decided merited intense policing.

    The post In Memphis, Tyre Nichols Beating Carries Echoes of Atlanta REDDOG Unit appeared first on The Intercept.


  • A protester wears a shirt that says "No Cop City" during a candlelight vigil for an eco-activist who was shot and killed in an incident near the site of a proposed Atlanta law enforcement training center on Jan. 18, 2023 in Atlanta, GA.

    A protester wears a shirt that says “No Cop City” during a candlelight vigil for an eco-activist who was shot and killed in an incident near the site of a proposed Atlanta law enforcement training center on Jan. 18, 2023, in Atlanta, Ga.

    Photo: Collin Mayfield/Sipa via AP


    A death is a beacon. After police killed an activist protesting a police training facility in Atlanta on Wednesday, vigils sprung up instantly across the country, from Massachusetts to Miami.

    “This will become another Standing Rock,” said Casey Sharp, an archaeologist who has been helping bridge communications between protesters and local leaders. “There are a lot of locals who are there … but there’s a massive network — Telegram channels, Signal, all these other networks of people from all over the world.”

    Cop City, the colloquial term for the proposed $90 million, 85-acre police training center in forested land just outside of Atlanta, might have been a local issue two years ago. Over the last few months, activists from around the country have traveled to Atlanta to inhabit the land — called Intrenchment Creek Park, South River Forest, or Weelaunee Forest, depending on who you’re talking to — and to face off against police in an increasingly strident confrontation.

    Some of that became evident on Saturday night, when vandals split off from a march down Peachtree Street after reaching the headquarters of the Atlanta Police Foundation to break windows. A police cruiser was set aflame, and the storefronts of Wells Fargo and Truist bank branches — firms financially supporting the foundation — were smashed in before police were able to make arrests and break up the march.

    In the run-up to the Saturday night protests, state patrol officers made a dozen arrests on charges ranging from criminal trespass to aggravated assault and domestic terrorism. All but one were from out of state — California, Maine, Maryland, Nebraska, New York, Ohio, Pennsylvania, and Wisconsin.

    The same was true of the six people the police managed to tackle in the street on Saturday night. All six of the arrestees were white. Five were from out of state. Other activists were quick to say that there may have been other arrests tied to the protests that the police aren’t publicizing.

    One does not have to be a police abolitionist to raise questions about the propriety of Cop City.

    Police have suggested that out-of-state activists are causing most of the trouble.Many of them don’t live in Atlanta, or the state of Georgia, and they don’t represent the voices of Atlanta,” said Atlanta Mayor Andre Dickens at an evening press conference.  “We will continue to protect the right to peacefully protest. We will not tolerate violence or property destruction.”

    “It doesn’t take a rocket scientist or an attorney to tell you that setting fires and breaking windows isn’t protest,” said Atlanta Police Chief Darin Schierbaum. “It’s terrorism.”

    The vandalism is performative outrage. The strident condemnations of “terrorism” or a “riot” are also performative outrage. Still, one does not have to be a police abolitionist to raise questions about the propriety of Cop City.

    “We should be listening to the local residents of DeKalb County, bringing community and environmental leaders to the table to work out an enforceable solution,” said Doug Williams, a resident of Atlanta’s East Lake neighborhood and political activist. “The problem with the police training center and the Atlanta forest is a classic Atlanta issue. Those in power did what they wanted without a lot of concern for what local residents wanted. This is the Atlanta way.”

    Sometimes, it takes a finely tuned ear to distinguish authentic public sentiment from a well-crafted public relations campaign. Not here. The city council approved the plan by a 10-4 vote only after 17 hours of public comment, almost all of which was in opposition. Among those voting in favor: then-city councilman Dickens. Amid a generational rise in violent crime in Atlanta and Buckhead signaling open revolt, the Atlanta Police Foundation made it clear in an election year that it would attack any politician who voted against it.

    A new training facility for Atlanta police had been long discussed before the announcement in 2020. But the timing of that announcement could not have been worse. Amid street protests about police misconduct that had left the public’s relationship with the police in tatters, the Atlanta Police Foundation announced a plan to build a facility on public land earmarked for a public park. While the public-private partnership to build the project relied on millions from Atlanta’s corporate funders, it required about $30 million more from the city budget.

    The plan met a firestorm of environmentalism and equity concerns from two overlapping groups: environmental activists and policing abolitionists. Opponents argued that the land was environmentally sensitive and that the phase one environmental review was perfunctory by design. Intrenchment Creek Park is on the site of a former prison farm, where the graves of prisoners might be found. Protesters descended on the wooded site almost immediately, staking out tents and interfering with site development. The activism of “forest defenders” and enforcement by state and local police has been increasing in a cycle of escalation for the last few months.

    The deal also relies on a controversial land swap with film production studio Shadowbox, formerly named Blackhall Studios. Ryan Millsap, the studio CEO, signed a deal to swap his 53 acres of land for 40 acres of Intrenchment Creek Park in 2020 on an understanding that he would pour $1.5 million into a new park and amenities. A year later, he sold the studio to a private equity firm in Los Angeles that is under no obligation to keep Millsap’s promises to DeKalb County. Private entities like the studio and the Atlanta Police Foundation stand to profit from the construction of the facility — the revenues from its use flow to the foundation, not the city.

    When asked about their position on the training facility since the shooting, foundation communications staff directed an email seeking comment to the Atlanta police, suggesting that the police department speaks in part for the nonprofit organization. The foundation has historically resisted meaningful inquiry by journalists. Notably, the Atlanta Journal-Constitution has had to run a disclaimer under its reporting about the training facility because the project’s funding is led by a Cox Communications executive. They’re not subject to open records requests, hold their meetings in private, and generally refer inquiries to the police, as they did with me.

    “Atlanta residents and unincorporated DeKalb residents who thought this was all going to be park land were told, ‘This is what we’re doing, accept it.’” 

    The land itself is in a legally curious gray zone. Because it’s in unincorporated DeKalb County and not the city limits, a project would normally need the approval of the DeKalb County government. But because it’s municipally owned, state law allows the project to sidestep some elements of local approval. The site’s neighbors have neither legal nor political recourse.

    “Atlanta residents and unincorporated DeKalb residents who thought this was all going to be park land were told, ‘This is what we’re doing, accept it,’” Williams said. “Everyone who opposed the training center for any reason was lumped together as ‘anti-cop.’ Now there is no trust, and in this vacuum we are seeing this become a nationalized issue for those who oppose the militarization of police, and those who want to paint democratic communities as being anti-police.”

    The shooting of Tortuguita, a nonbinary person who went by that sole name, shocked activists, who say Tortuguita had been a vocal proponent of nonviolence. A Georgia Bureau of Investigation spokesperson said Tortuguita refused orders to leave a tent and shot a state trooper. Other law enforcement officers returned fire, killing them, the GBI said.

    It took police the better part of a day to recover a gun from the scene. No body-worn cameras captured the event, the GBI’s Nelly Miles said. “Although we have bodycam footage from the day of the operation, we do not have bodycam footage of the shooting incident. The law enforcement officers wearing bodycam were not close enough to the shooting itself to capture it.” Calls for an independent investigation are growing.

    It has also shocked area politicians, who are now forced to confront the politics of this project head-on.

    Anyone who can call off Cop City is in a tough political position. If the project is now delayed, police officers may react as they did when two were charged with murder following the Rayshard Brooks killing in 2020 and call a “blue flu” walkout. Violent crime continues to rise incrementally in Atlanta, and it is an issue that a demagogue could use to change the political direction of the city. Atlanta’s middle class is mostly Black and tends to be politically moderate on matters of crime, at odds with the progressive activist base. But they vote. They are why Dickens is mayor.

    But if it continues, any serious act of police misconduct in the future may drive activists into the street in a replay of 2020. Law enforcement agencies across metro Atlanta have been setting records for increases in police shootings and deaths in custody. Atlanta’s police averaged two fatal shootings a year before the pandemic. They had seven last year. The most remarkable thing may be how little outrage those shootings provoked, but that may not be a forbearance Atlanta’s leaders enjoy moving forward.

    That’s especially true if Cop City becomes the new cause equivalent to the Keystone XL pipeline, expanding into an activist Lollapalooza. As the number of strident demonstrators for police accountability — or abolition — relocate to south DeKalb County, public tolerance for misconduct will diminish and the likelihood of conflict will increase.

    The post Cop City Goes National appeared first on The Intercept.

  • ATLANTA, GA - NOVEMBER 08: Democratic gubernatorial candidate Stacey Abrams makes a concession speech to supporters during an election-night party on November 8, 2022 in Atlanta, Georgia. Abrams lost in her bid for governor to incumbent Gov. Brian Kemp in a rematch of their 2018 race. (Photo by Jessica McGowan/Getty Images)

    Democratic gubernatorial candidate Stacey Abrams makes a concession speech on November 8, 2022 in Atlanta, Georgia.

    Photo: Jessica McGowan/Getty Images

    I ran into Nsé Ufot this weekend at a low-key campaign event at the Georgia Beer Garden downtown in Atlanta and hung out with her for a while in the courtyard, as she sat contemplating her fate. Sen. Jon Ossoff, D-Ga., was chilling nearby with Charlie Bailey — Democrats’ candidate for lieutenant governor — and the folks in town from “The Daily Show.”

    Ufot is almost as famous in Georgia for running the New Georgia Project, the voter engagement organization founded by Stacey Abrams. But she’d been fired as NGP’s chief executive officer six weeks earlier for reasons that are still unclear and she declined to elaborate on. A handful of other staffers have also been fired since.

    Breakups are always hard, but when things aren’t working, something has to give. Ufot and groups like NGP would be the first to see if something isn’t working in Abrams’s election logic. When that happens, relationships can get tense.

    The new head of the New Georgia Project did not get back to me. New Georgia Project is nominally nonpartisan, but any group focused on getting historically marginalized communities is going to have a greater impact on results for Democrats in Georgia. The margin of Abrams’s Tuesday loss to Republican Gov. Brian Kemp — by 7.6 percentage points or 300,000 votes — might be measured in what New Georgia Project and similar groups across the state could and could not accomplish running up to Election Day.

    Georgia’s election this year was supposed to be a turnout game, just like 2018 and 2020. There’s no point in trying to change anyone’s mind anymore. There are no swing voters. It’s just a matter of getting the right people to the polls, as many as you can, any way you can. Or so we hear.

    Maybe that’s still true. But you wouldn’t know it from the results last night.

    In 2018, 3.94 million people voted in Georgia’s gubernatorial election. As of last night, almost exactly the same number of people voted — 3.95 million — despite a population increase of about 300,000 residents and a 500,000 increase in registered voters. Voter turnout actually fell by about 4.5 percent.

    I could tell two stories about these numbers. The first is that Senate Bill 202, Georgia’s “reforms” to voting laws passed after the historic 2020 election here, depressed turnout more than the Democratic turnout machine could counteract. The second is that Democratic voters were, frankly, a little burned out by the constant thrum of political noise, and that Republicans learned the turnout lesson in 2020. There’s evidence for both cases.

    Politicians crowed about early voting numbers. Over the course of three weeks, 2.5 million voters cast ballots in person in Georgia, about as many as 2020. Lines were largely nonexistent. But that masked a different problem; mail-in ballots had fallen way off from 2020.

    About 5 million people voted in Georgia in 2020, and 1.3 million voted by mail. Georgia’s 2020 turnout was the highest in modern Georgia history, spurred by Secretary of State Brad Raffensperger’s decision to mail every voter a ballot request form during the pandemic.

    This year, the number of early voters in person remained about the same as in 2020. But mail-in ballots fell back to the 2018 midterm baseline after legislation prohibited the secretary of state from mailing voters an unsolicited request form. At the same time, the rejection rate for absentee ballot requests decreased since 2018, meaning that far fewer people had requested ballots.

    Ufot has been screaming about this for weeks. The new rules make drop boxes for absentee ballots much less useful for second- and third-shift workers by reducing the number of boxes in large Atlanta metropolitan area counties, requiring the boxes to be inside buildings and only open during business hours. “All of that constructed hurdles to participation in Atlanta that led to a 1 million drop,” she said.

    Of the roughly 300,000 new voters who have moved to Georgia since 2018, about half are nonwhite, and most settled in Atlanta’s metro area. Strong in-person early voting was a response to the absentee ballot changes, but it didn’t reflect an actual increase in participation, she added.

    Organizations like the New Georgia Project and others have been working with half — or less than half — of what they had in 2020. The individual campaigns have been able to draw massive hauls from donors across America, but the grassroots organizations that reflect the local turnout machine saw comparably little of it. Donations instead went into nonstop feckless political advertising on television and social media, fattening powerful D.C.-based consultants while leaving local organizations to starve.

    Consider that counties in northeast Georgia — Marjorie Taylor Greene country — outperformed their 2018 turnout by about 5 to 6 percent. Greene beat her Democratic challenger Marcus Flowers 66-34 in the most expensive House race in America this cycle. Greene’s idiocy over the last two years is like a tank character in an online war game taunting opponents into wasting their attacks on her. (Rep. Lauren Boebert, R-Colo., may be demonstrating the limits of that strategy.)

    Notice that I haven’t mentioned a single thing about policy yet. That’s because I don’t think it actually mattered much.

    Georgia’s politics have become completely tribal. Almost no one was voting for Herschel Walker in the Senate race because they believed strongly in his ability to lead or his political acumen, or even because of his political arguments, such as they were. They were voting for a Republican, the more Republican the better. For all of Sen. Raphael Warnock’s comparative appeal as a moral and civic leader, Democrats by and large would have voted for anyone running on the Democratic line of the ballot, as long as they were certain that person would have fidelity to the cause.

    As a practical matter, Georgia’s abortion policy was on the ballot last night. If she had been elected governor, Abrams would surely have vetoed additional restrictions on abortion access — or contraception, or the criminal prosecution of doctors performing abortions — proposed by an increasingly radical Republican-led state legislature. Abrams could have logrolled Georgia politicians into some kind of Medicaid expansion, given the closure of hospitals across the state. Tax policy. Marijuana legalization. Gun law.

    Georgia faces serious legislative questions over the next four years. The retirement of state Rep. David Ralston, a Republican, as speaker of Georgia’s House — noted for his ability to mollify legislative Trumpists in the name of doing business — complicates things. So does the accession of Burt Jones as lieutenant governor. Jones is an election denialist who is being investigated for his alleged role in Donald Trump’s election interference.

    Seeing this, some small number of Georgia voters were plainly persuadable. About 200,000 fewer people voted for Herschel Walker than Brian Kemp: roughly 1 in 10 Republican voters. Raphael Warnock earned about 132,000 more votes than Stacey Abrams. That implies that about 5 percent of the electorate actually cared enough about one candidate over another to alter their voting habits.

    A few people wept as Abrams conceded at the Hyatt in Atlanta last night. They were young. Most people in that room had been there before and knew better.

    I know that sounds callous. I know that politics in Georgia — and really, everywhere in America — have become an existential struggle. I know Democrats who looked at real estate listings in other states when Kemp won here in 2018. I know Republicans in Georgia who were looking up ammo prices in 2020.

    But we’re all about to do this again, damn it. It doesn’t end. It never ends. We cannot escape.

    As long as Georgia is split down the middle, we will be preyed upon by consultants as locusts in the grain.

    The post Georgia’s Turnout Boss, Stacey Abrams, Had a Turnout Problem appeared first on The Intercept.

    This post was originally published on The Intercept.


  • Georgia gubernatorial candidate Stacey Abrams speaks to the press after Georgiaâs abortion ban was instated by a judge in Atlanta, Georgia, United Sates on July 20, 2022. (Photo by Nathan Posner/Anadolu Agency via Getty Images)

    Georgia gubernatorial candidate Stacey Abrams speaks to the press after Georgia’s abortion ban was instated by a judge in Atlanta on July 20, 2022.

    Photo: Nathan Posner/Anadolu Agency via Getty Images


    The election in Georgia has begun. Yesterday was the first day of early voting. More than 130,000 votes have been cast. Turnout is going to be high by historical standards for midterms here. But something is missing; the gubernatorial race seems a little off.

    Last night’s debate between Republican Gov. Brian Kemp and his Democratic challenger Stacey Abrams didn’t light up social media the way the debate between Sen. Raphael Warnock, D-Ga., and Republican challenger Herschel Walker became a spectacle.

    Abrams argued for nuance when talking about crime policies. Kemp sidestepped questions on his intentions around abortion and contraception restrictions. The conversation was policy-heavy, without much for partisans to latch onto.

    Meanwhile, an image from the Warnock-Walker trainwreck continues to circulate in Georgians’ social media feeds four days later: Herschel Walker smiling like he ripped one in an elevator while holding up a fake sheriff’s badge, vacuously attempting to show his support for law enforcement. Crime is apparently so out of control in Georgia that the Republican candidate impersonated a police officer live on television to prove the point.

    Debates matter at the margins. But the margins are all anyone has in Georgia. Two years ago, then-Sen. David Perdue got served so hard by Jon Ossoff in a debate that Perdue noped out of a second course a few days later. Ossoff ended up arguing with an empty podium for 90 minutes in front of the Atlanta Press Club, then beat Perdue by about half a percentage point in a runoff a month later.

    “This is firing an incumbent and not an open seat,” Abrams’s campaign manager Lauren Groh-Wargo said of Kemp. “We have to give reasons for people to fire him. … He’s got a very radical, far-right record that we will be pointing out and throwing out.”

    One wonders how we measure such things now. Standards for “radical” have shifted over the last four years. Kemp had to beat back Perdue’s Trump-fueled payback challenge, which effectively positioned the governor to the left of the Republican insurrectionist wing. Compared to the Republican lieutenant governor candidate Burt Jones, who participated in a scheme to send false electors to Washington in an effort to subvert the presidential election in 2020, Kemp almost looks like a moderate.

    “Inflation, jobs, the economy and cost of living are far and away the top issues,” said Cody Hall, Kemp’s campaign spokesperson. “I think that we have tried our best to remain focused on that. Sometimes campaigns get distracted, and sometimes lose focus on what the voters are telling us they want us to talk about.”

    Kemp has consistently been ahead in polling, ranging from a scant point in the Quinnipiac poll from October 10 to 9 points in the Trafalgar Group poll released October 11. The FiveThirtyEight weighted average is 5.5 points.

    Abrams’s team takes issue with the weighting of most of these polls, arguing that they are under-sampling Latino and Asian voters, who have been growing in number and are disproportionately representative of swing voters.

    Not that one can find many swing voters in Georgia, of course. The state’s politics are largely calcified by race and geography. Abrams can expect to win 90 percent of Black voters and lose 80 to 90 percent of rural white voters. A systemic sampling error consequential enough to swing the race is probably a stretch.

    The gap between Abrams and Warnock in polling defines the limits of sharing a ticket in modern Georgia elections. Exactly one poll — sponsored by Walker himself — shows the challenger with a lead. The others generally show Warnock holding his Senate seat with a lead of 2 to 7 points. The FiveThirtyEight weighted average is 4 points.

    Perhaps this is simply the advantage of incumbency, as well as the shocking weakness of Walker’s candidacy. But the math of a 9-point gap suggests that roughly 1 in 22 voters will vote for the Warnock, a Democrat, and then Kemp, a Republican. Analysts say there are too few Abrams-Walker voters to consider.

    The Abrams-Kemp contest has been rooted in substantive policy questions about how to administer a budget surplus, Medicaid expansion for Georgia, changes to gun laws, and abortion rights over the last four years. “We’ve been told that the quality of your citizenship depends on your geography. That based on the state that you live in, you may or may not have the protection to take care of your own body. Access to an abortion, if you’re below the Mason-Dixon Line, is nearly impossible,” Abrams told NPR a few days ago.

    Little enough about the Senate campaign has been substantive. Walker’s campaign surrogates flooded television and internet ad space with spots trying to hold Georgia’s junior senator responsible for a worldwide inflation problem. That has largely been met with ads discussing Walker’s record of domestic violence, a threat to have a shootout with police, and misrepresentations about his work with veterans and with police.

    The abortion question in Georgia is the wild card. Georgia passed a six-week abortion ban that had been blocked in court before the U.S. Supreme Court overturned the constitutional right to abortion this summer. The religious right is agitating for a nationwide ban and for Georgia to ban all abortions full stop. It is the starkest of political divides and the plainest contrast between Kemp and Abrams. The Democratic campaign has increasingly pressed the threat to women’s bodily autonomy posed by an unchecked Republican legislature and governor as a rallying cry.

    The effect of reversing Roe v. Wade is hard to measure before the actual election. It’s possible that some decisive number of white women haven’t told pollsters their true intentions: pro-lifers in public, but pro-choice when no one is looking. It’s one explanation for the 59-41 percent referendum vote two months ago that kept abortion legal in Kansas only a few weeks after Roe fell. Earlier polls had conservatives winning that vote by a few points.

    But a recent NYT/Siena poll suggests that the importance of abortion may have faded, particularly for independent women voters, who are swinging toward Republicans.

    With Georgia’s voting blocs so ideologically calcified, turnout decides elections. Abrams sauntered into the nomination with a clear field after announcing her candidacy in December, not really campaigning until February. She has raised more money than any Georgia gubernatorial candidate ever, most of which has come from outside of Georgia. But Democratic insiders have been grumbling about a relative lack of public enthusiasm compared to the frenetic madness of the 2018 and 2020 election campaigns in Georgia.

    The pandemic bears some blame for that. Campaign labor is in short supply, even when decent pay is offered. The irony is that Kemp will undoubtedly argue that Georgia’s low unemployment rate is a mark in his favor.

    With Georgia’s voting blocs so ideologically calcified, turnout decides elections.

    Abrams also has the same adults-in-the-room problem that Joe Biden bears: It does no good to win if the rhetoric of the contest makes the state. Georgia’s politics have become louder and stupider as its elections draw closer. That problem serves radicals on the right, who would render America ungovernable if they aren’t in charge. We are increasingly becoming used to the politics of apocalypse.

    In this regard, Abrams is temperamentally moderate. Her record in office as a state representative and minority leader was marked by bipartisan negotiation and a focus on bread-and-butter matters of good governance. She is no culture warrior.

    And so, the left gets a candidate that is “reasonable” and policy-driven and arguing for quietly competent government. It is the same campaign Hillary Clinton ran in 2016.

    The post Is Stacey Abrams the Hillary Clinton of 2022? appeared first on The Intercept.

  • POWDER SPRINGS, GA - APRIL 30- Marcus Flowers speaks with a supporter at a campaign event on Saturday, April 30, 2022 in Powder Springs, GA. (Photo by Elijah Nouvelage for The Washington Post via Getty Images)

    Marcus Flowers speaks with a supporter at a campaign event in Powder Springs, Ga., on April 30, 2022.

    Photo: Elijah Nouvelage for The Washington Post via Getty Images

    Marcus Flowers should start a band.

    He’s got the Stetson and the bass in his voice, and an affable plain-spoken way with an audience. And if the way he was swarmed at the Georgia Democratic state convention earlier this month is any indication, he’s got the fans. From the moment he took the stage until the hour Stacey Abrams left it, the congressional candidate was mobbed by supporters looking for photos and a word, and an autograph now and again.

    “I enjoy it. Yeah, I enjoy people. I enjoy having conversations. But that was too much,” he said later, with a sly guffaw at the absurdity. “I couldn’t even eat. I had to go get lunch in the car.”

    Some of this is because of who he is: a young, moderate military veteran incensed by the January 6 Capitol attack. Much of it is because of who he isn’t: his opponent, Rep. Marjorie Taylor Greene.

    Half the country hates her, and not without reason. She’s become the face of the Christian nationalist movement in America. Greene was also a prominent and vocal election denialist in right-wing extremist circles leading up to the Capitol riot. Her bigoted public comments led to her being stripped of House committee assignments; her spreading of Covid-19 misinformation got her suspended from Facebook. On any given day, she’s bound to say or do something inflammatory and stupid. Just Thursday, she posted video on Twitter of her apparently kicking an 18-year-old gun control activist. Posting things like this, even when it is vile, has the benefit of drawing attention.

    Attention — and money. To her, and now to Flowers.

    Both Greene and Flowers raised more than $10 million each through the end of July. To date, they are running the most expensive congressional race in America so far this cycle, in a contest that should not be competitive by the laws of political physics.

    No national group rates this district as competitive. None of that $10 million is from the Democratic Congressional Campaign Committee, which invests in competitive House races. And yet, hundreds of thousands of people are laying $20 bets on Flowers. Because fuck Marjorie Taylor Greene, that’s why. (Even I feel marvelous saying it.)

    They are running the most expensive congressional race in America so far this cycle, in a contest that should not be competitive by the laws of political physics.

    “I’m humbled by the number of Americans that have donated to our campaign. I mean, over 600,000 people from all over the country have invested, not in me, but in Georgia’s 14th Congressional District. And that’s those people saying, ‘We believe in this district, we believe that you can get rid of Marjorie Taylor Greene and get rid of that white hot rhetoric and bring back decency, integrity, and common sense.’ That’s what those donations are, to me, and I’m truly humbled by it,” Flowers told me.

    Still, it’s hard not to look at this in the same light as Amy McGrath’s $94 million bid against Kentucky Sen. Mitch McConnell or Jaime Harrison’s $130 million shot at South Carolina Sen. Lindsey Graham in 2020. Both broke fundraising records challenging political figures that were deeply despised by Democrats and the left. Both lost by double digits.

    Georgia as a whole is about to enter yet another excruciating campaign cycle as the center of the political universe. Herschel Walker’s campaign — all gaffes and scandals aside — is within the polling error of unseating Democratic Sen. Raphael Warnock, who waged the second-most expensive Senate run in American history only two years ago. His “brother from another mother,” as he calls Sen. Jon Ossoff, holds the record for his run at the same time. Warnock has raised more than $60 million so far, leading all other Senate candidates in America. Georgia’s statewide elections, particularly the one between Republican Gov. Brian Kemp and Stacey Abrams, are likely to be within 5 percentage points.

    Georgia’s 14th District? Probably not so much.

    Greene beat Kevin Van Ausdal in 2020’s November election by about 50 percentage points. The Georgia legislature reapportioned Georgia’s 14th District last year to make it marginally more liberal, changing it from a 74-26 Trump district to one that’s about 69-31: still a next-to-impossible lift in a conventional election. Part of northwest Cobb County, an Atlanta suburb that has increasingly grown hostile to Republicans, is now part of the district. But Flowers would still have to flip more than 1 in 4 Trump voters to compete, or make up the difference in improved Democratic voter turnout. Is that realistic?

    “It could be looked at as a long shot,” deadpanned David Boyle, chair of the Walker County Democrats, in Georgia’s northwest corner just south of Chattanooga, Tennessee. “I mean, we’re just so red up here right now. And there’s just so many, so many Republicans up here that more or less hate Democrats so much that they’d vote for anybody.”

    “It’s not a zero-sum game,” Flowers said. “The money that people are donating to our campaign, to get Marjorie Taylor Greene out of Congress is not taking away from any other candidates anywhere else.”

    Flowers served as a unit supply sergeant in the Army in Iraq before working as a defense contractor and at the Department of Defense. He speaks directly, in short sentences. He rejects the idea of running as the opposite of Greene; he’s running an overtly moderate political campaign, he said. Flowers frames his candidacy as an extension of his call to service, with Greene’s activities around January 6 triggering his reaction. “You know, as soldiers, we’re taught to run toward the sound of gunfire. So, I’m looking at it in the same way.”

    There’s also the moral question of offering opposition, to allow the dissenters of northwest Georgia a protest vote. “I hear this every day out on the campaign trail — and I’m not exaggerating, it’s not hyperbole — she truly is not representative of the district. And I get why most Americans from outside of Georgia look at the representative that we sent to Washington, D.C., and say, ‘Oh, that must be who they really are.’ But, well, it’s not.”

    Nonetheless, when looking at the raw politics of the 11 counties in Georgia’s 14th District, one has to ask what you get politically for $10 million-plus. McGrath and Harrison spent most of their campaigns’ money on advertising, consulting fees, and the means to raise more money.

    “What has that money has gone toward? We’re spending it wisely. It’s going towards building the infrastructure here in Georgia’s 14th,” he said. “That money is going toward building the Democratic Party infrastructure, organizing all 11 counties together, doing things we’ve never done before.”

    Flowers said his campaign has hired 16 field organizers and has hundreds of volunteers. He talks affably about the travails of knocking on doors, which is a challenge in some rural counties but beats the hell out of making phone calls for money. “I’m organizing it on the ground,” he said. “I’m building that infrastructure that wasn’t there.”

    Flowers has spent around $4.4 million on digital advertising and fundraising and $10,000 on paid canvassing over the same period.

    His financial disclosures tell a somewhat different story.

    Through the second quarter, Flowers has spent $4.4 million on digital advertising and fundraising, another $580,000 on direct mail for fundraising, and $375,000 on direct mail production, according to the mid-year disclosures. He’s spent about $321,000 renting or buying donor lists. He’s spent $75,000 to manage social media and $364,000 to send text messages.

    The campaign has spent about $1.6 million on traditional television ad buys.

    Meanwhile, Flowers spent about $10,000 on paid canvassing over the same period. He’s had $262,000 in payroll and payroll expenses and $176,000 in salaries. About $17,000 of that salary has been for Flowers himself, though he is not the best-paid person on his staff.

    Party leaders in the 14th District have mixed views on the value the campaign is bringing home.

    The Flowers campaign office is in Rome, Georgia, part of Floyd County and a purply-blue dot in the ruby-red region. LaTonya Burrell is Floyd County Democratic Party’s county chair and a 38-year-old catering entrepreneur.

    She’s met Flowers more than once. She likes him. She notes that it’s not just Flowers showing up, but Warnock and Abrams as well, in ways that are more than simple barnstorming pass-throughs. Will the Flowers campaign change the political dynamics of her town?

    “The most honest answer is that only time will tell,” she said. “It falls on me as county chair to do my work to show up for my county and my party and my community. … It starts with establishing trust. We clearly have these pocket Democrats that are hiding. That’s where we have to establish the trust, that they can be supported and guided into the process of an election.”

    Places like Ringgold, a railroad town at the foot of White Oak Mountain, have been an afterthought since local Democratic leaders switched parties en masse 20 years ago. The largest employer in the county is a carpet mill. The second largest is Walmart.

    I spoke to Greg Bentley, the party leader in Catoosa County, as he was biking through Chickamauga Battlefield near home in Fort Oglethorpe. Bentley’s quick to note that the statewide elections of 2020 were decided by northwest Georgia. Greene cried foul after Joe Biden won the presidential election and effectively told her people to stay home for the runoffs. County groups like his own mobilized, and that was the difference, he said. But none of that actually changed anyone’s mind.

    “This is not a wealthy county,” Bentley said. “A good chunk of our working-class population is basically just on survival, or working in factories, and they live paycheck to paycheck, month to month, and they don’t see anything in the political system. They say, ‘They’re all alike. Why should I bother?’”

    The Flowers campaign is getting to some of those people, Bentley said. And his county party is growing, and holding events, when there was nothing four years ago. “I would see people at the grocery store who were Democrats, and they’d come over whisper and talk about issues and say, ‘I can’t say a thing in my Sunday school class, they’ll throw me out.’” On the other hand, Democrats have to have people watching their campaign signs or they’ll be stolen, he said.

    A billboard outside of Dalton near I-75 reads, “Every tongue will confess Jesus is Lord, even the Democrats.”

    Debby Peppers, chair of the Whitfield County Democratic Party, mentioned it as she was describing the political environment. Dalton, like Rome, is a solid blue dot in a red sea. It’s what remains of northwest Georgia’s industrial base. And it is surrounded by Trump voters.

    “Honestly, they’ve done such a good job of demonizing Democrats … to the point that they don’t see that Democrats can do any good,” she said. “So these people are not voting for Marjorie Taylor Greene. And our problem is, there’s a lot of more moderate Republicans here who don’t like her, but they can’t seem to get their crap together well enough to get a candidate who’s more moderate out there.”

    Peppers hopes the recent abortion ruling will be the last straw and draw people over the line. But reversing a generation of vilification means knowing that the city of Lafayette is pronounced la-FET, and that if you get it wrong, people notice.

    “We’ve struggled building up a good base here in the county, as far as, you know, people coming out to our monthly meetings and things like that,” said Boyle, the Walker County Democrats leader. “If he’s not able to win at least I think he makes a good show and then, maybe that’ll put a little spark in.” A $10 million spark — and counting.

    The post Democratic Small Donors Have Found a New Hole to Throw Money Into appeared first on The Intercept.

    This post was originally published on The Intercept.

  • Jeffery Lamar Williams — the celebrated Atlanta trap recording artist better known as Young Thug — walked into Fulton County Jail in May to a standing ovation.

    The arrest was an event. The jail, on Rice Street, shut down the intake of other arrestees to process him in. Atlanta’s city-contracted wrecker service diverted all its trucks to haul his many cars out of the rented property in Buckhead where police found him May 9. The entire city paused to take inventory on the massive gang arrest, with 27 other people — including a second superstar rapper, Sergio “Gunna” Kitchens.

    Previous Fulton County prosecutors have been reluctant to invoke the law, concerned about the abuses of mass incarceration and its power to stigmatize Black defendants. But Atlanta today faces a rash of violence that distorts policies and murders good intentions.

    While official claims about gang culpability for street violence ought to be taken with a grain of salt — such figures are often pulled out of thin air — Young Slime Life, the gang Williams is alleged to lead, left a trail of very real bodies, the victims of a seven-year gang feud.

    Rising violent crime and the abuses attendant to gang prosecutions have received national attention amid the push for criminal justice reform following George Floyd’s murder. Local dynamics in Atlanta make discussions of such reforms — and of the abuses they target — especially fraught. On the one hand, a Black mayor and a Black prosecutor are charged with protecting poor Black people in Black neighborhoods, while white conservatives use Atlanta violence as a political punching bag. On the other hand, the machinery of rap music in Atlanta increasingly exploits real-world violence to promote the street “authenticity” of Atlanta trap, primarily to white audiences.

    In the middle are austere jail cells, where Young Thug and many others now wait for their trials.

    Violence is on the rise in Atlanta. The homicide rate is up by about one-third year-to-date and about 60 percent over pre-pandemic levels. The city is on pace for roughly 170 murders this year, compared with 99 in 2019.

    The problem, as can be gleaned from police reports, appears to be terrifyingly basic: The cops increasingly describe killings as targeted. A small subset of shooters want to make sure their victims aren’t just bleeding but dead.

    Sometimes that can look like the casually brutal murder of Anthony Frazier, a security guard at a seafood restaurant on Cleveland Avenue who took a bullet point-blank in the back of the head last month. Or it can be a plain hit, like the murder of Shymel Drinks, whose body was found beneath an overpass just south of downtown in March. Police described him as a member of a gang, allegedly killed by rivals in Young Slime Life as an act of reprisal.

    This is what Atlanta’s gang war looks like. It has been raging in varying forms since 2015 and went into overdrive during the pandemic, reversing more than a decade of the city’s gains against violence.

    “The murder rate in Atlanta is over the murder rate in Chicago!” bellowed Republican former Sen. David Perdue in a gubernatorial candidates’ debate in April. “What we have in Georgia is a runaway crime situation that the governor is burying his head about. … We have the highest murder rate in the country!”

    Atlanta’s murder rate over the last 12 months is higher than Chicago’s: 36 per 100,000 people killed to Chicago’s 27 per 100,000. None of the rest of what Perdue said is true. Atlanta doesn’t crack the top 20 cities over 100,000 residents for murders. Georgia isn’t in the top 10 states for murder rates. Kemp still engaged in a bidding war for “tough-on-crime” credentials.

    The rhetoric from white conservatives has had one of its intended effects: blunting reform efforts. Atlanta’s relatively progressive, Black political leadership has incrementally turned away from talk about reform and toward whatever can get the body count down, now.

    Fulton County Georgia District Attorney Fani Willis photographed in her office on Tuesday, Jan. 4, 2022. The prosecutor weighing whether Donald Trump and others committed crimes by trying to pressure Georgia officials to overturn Joe Biden’s presidential election victory said a decision on whether to bring charges could come as early as the first half of this year. Willis said in an interview with The Associated Press last week that her team is making solid progress, and she’s leaning toward asking for a special grand jury with subpoena power to aid the investigation. (AP Photo/Ben Gray)

    Fulton County Georgia District Attorney Fani Willis in her office on Tuesday, Jan. 4, 2022.

    Photo: Ben Gray/AP


    Fani Willis, the Fulton County district attorney, sees gang prosecutions and state RICO charges as the answer to the uptick in violence. RICO — short for the Racketeer Influenced and Corrupt Organizations Act — is a law meant to take down drug cartels and mafia syndicates by piecing together individual crimes to argue that they’re part of a larger criminal enterprise. RICO cases — state or federal — are hard to beat.

    The Young Slime Life, or YSL, indictment has 28 defendants, only a handful of whom can pay for a robust defense out of pocket. The wide net of the charges is designed to get people to fold and offer testimony to save their own skin.

    Not everyone is convinced that it’s a good tactic.

    “This sweeping indictment will come at a great expense to taxpayers and all Atlantans who would prefer violence intervention and thoughtful investment in solutions proven to be effective,” said Devin Franklin, an attorney at the Southern Center for Human Rights. “The Fulton County District Attorney’s Office has invested tremendously in crafting a narrative of dangerousness in Atlanta without providing data to the public substantiating the contention that so-called repeat offenders are primarily to blame for harm in Atlanta.”

    Some critics hold that the targets in this case are Black people who have risen from poverty, that perhaps the charges are a prosecutorial overreach in the face of political pressure to act. These critics would argue that RICO cases should be reserved for people with institutional power, like transnational criminal cartels, mafia crews, and corporate malefactors.

    Should Black criminal enterprises be immune to drawing a RICO charge? The idea is fundamentally insulting.

    There might be something to it, but to make that argument one must overlook the role of the music industry in Atlanta — an institution, one might say — and its intertwined relationship with the gang violence. Should Black criminal enterprises be immune to drawing a RICO charge? The idea is fundamentally insulting. Poor Black people’s lives lost in street warfare deserve the protection of the law.

    When looking at the problem of street violence and its connection to Atlanta’s music industry as a question of racism, consider the corporate parentage of Young Thug’s label. Len Blavatnik is the owner of Warner Music Group, which owns the 300 Entertainment label that distributes the music of Young Thug on his YSL label. Blavatnik is a Russian oligarch who helped other oligarchs under sanctions divest their holdings. He donated $1 million to former President Donald Trump’s slush fund/inaugural committee.

    If Atlanta’s musical infrastructure is cancerous because of the way street gangs are using their connection to music studios and recording executives to recruit new members into acts of violence, a RICO prosecution is an attack on structural power.

    Young Thug’s rise to stardom ran in parallel with a gang war between feuding sets of Bloods. The conflict erupted in 2015, following the assassination of Bloods gang leader Donovan “Peanut” Thomas. Prosecutors allege that Williams — Young Thug — rented the car used by five gang members, including rising rap star Yak Gotti, to conduct the drive-by shooting that killed Thomas.

    According to the indictment, Williams spoke with Kyle Oree, the leader of the cultlike gang Sex Money Murda, shortly after Thomas’s death. Prosecutors appear to have captured a call to Oree in jail, in which the hit is purportedly discussed. A few days after talking to Oree, Young Thug went on social media to argue that people who “get right into the courtroom and tell the God’s honest truth don’t get it, y’all n****s need to get fucking killed, bro, from me and YSL.”

    Bringing charges against a group like the Young Slime Life gang proved challenging. Prosecutors had to disentangle YSL the music label, which is an imprint of Warner Music, from YSL the street gang, an outgrowth of South Atlanta organized crime around Cleveland Avenue, the latest iteration of previous gangs like Raised on Cleveland and 30 Deep.

    Thomas’s murder divided Atlanta into two warring camps: YSL and YFN, another Blood gang in Atlanta loyal to Thomas. YFN is fronted by another popular rapper, Rayshawn Bennett, known as YFN Lucci.

    The conflict only accelerated during the pandemic, though violence appears to have slowed down since the May 9 indictment and arrests.

    Lucci is in Fulton County Jail — somewhere carefully isolated from Young Thug — awaiting trial on gang charges and a felony murder charge from a botched 2021 drive-by shooting on YSL gang members. Lucci allegedly drove the car. When their targets killed the triggerman in return fire, Lucci ditched the body in the middle of the street and sped away, the YFN gang indictment said.

    Rapper YFN Lucci performs onstage on January 05, 2021 in Atlanta, Georgia.

    Rapper YFN Lucci performs on Jan. 5, 2021, in Atlanta.

    Photo: Paras Griffin/Getty Images


    The arrest of alleged YSL gang member Christian “Big Bhris” Eppinger on February 7 ended in a bloody affair, with Eppinger allegedly firing six shots into an Atlanta cop during the arrest. Eppinger’s arrest started a 90-day clock ticking, with court rules demanding an indictment before then to continue to hold him. Willis, the district attorney, used it to build the broader YSL gang case.

    The cases are sure to leverage Georgia’s unique gang law. Normally, prosecutors can’t use rap lyrics or Instagram photos of men holding guns while throwing up gang signs as evidence of a crime in an armed robbery case or an assault, because alone these things have nothing to do with those crimes. A judge would consider it improperly prejudicial.

    But in a gang terrorism case under Georgia law, the prosecution has to prove that other crimes were committed as part of gang activity. So all evidence of gang activity becomes admissible, and that evidence can be used in the trials of all the other alleged gang members charged under the same statute. The Georgia law can be devastating for the defense: Juries see mountains of evidence from a wide array of crimes, along with testimony about gang signs and initiations.

    Police and civic leaders began 2022 with calls for Atlantans to engage in nonviolent conflict resolution, because the city’s murders appeared to be driven by inexplicable spontaneous rage and not, say, the more statistically predictable drug deal gone bad or robbery attempt.

    “I mean, folks are going to the finality of any argument, like the end of the argument is to end you, to end your life,” said Andre Dickens, Atlanta’s newly elected mayor, at a “Clippers and Cops” barbershop forum in January. “We’re finding that the person that’s dead also had a gun. So the person that shot was thinking, ‘I’ve got to shoot you before you shoot me,’ because so many people have guns right now.” He added, “A lot of times I’m seeing these things happening because people just don’t know how to settle a dispute — without going to a gun.”

    Historically, Atlanta voters have picked their mayors based on issues of housing, transportation, and city service problems. A poll ahead of the Atlanta mayor’s race last year, though, showed that 48 percent of people considered crime to be the most important problem in the city, with about 61 percent of respondents saying they live within a mile of an area where they’d be afraid to walk alone at night.

    On the campaign trail, Dickens took a balanced approach to fighting Atlanta’s growing crime problem. “While arrests for violent criminals are of course necessary, we simply cannot arrest our way out of a crime wave,” he said in his crime policy platform. “We need a comprehensive approach. Diversion and police alternatives are an integral part of managing Atlanta’s criminal justice system.”

    The city is pursuing an expansion of its pre-arrest diversion initiative, ramping up its new Office of Violence Reduction, and planning to create a hospital-based violence intervention program at Grady Memorial. The early days of Dickens’s term, however, have largely focused on enforcement.

    After three months in office, Dickens announced the creation of a repeat offenders unit in the police department to identify people most likely to commit an act of violence and get them off the street. The unit will direct citizen reviewers to follow the cases of recidivists, documenting the trials and reporting on the outcomes.

    The worries about creating a stigma had been overcome by the politics of the crime surge.

    Rap is still art, and artistic freedom is a hallmark of the First Amendment, said Devin Rafus, a criminal defense attorney at Arora Law. “Young men use lyrics and rap as a way to express their feelings, or how the community is growing up, or what they see on the street, and how to sort of break free from it,” he said. “To use that against someone in the future, and try and say, ‘Hey, you must be bad, or you must have committed this crime,’ because you talked about either committing a crime that’s similar or something totally different that’s bad as well. It’s just very prejudicial to a jury and to the defendant when they hear that information.”

    “The statutes are stacked against us,” Rafus said. “I don’t think that just because someone writes a song, that that necessarily makes it true either then or in the future.”

    “The statutes are stacked against us.”

    That argument, though, has so far fallen flat in court. Deamonte “Yak Gotti” Kendrick’s lawyer made the connection between the case and the music plain in his ultimately unsuccessful argument for bond.

    “They’re sending a message to every young kid today in the city who hopes to grow up and become a successful musician that whenever you go on YouTube and the internet and create as your art form, you’re going to have that used against you later,” Jay Abt, Kendrick’s lawyer, said. “And that is a shame on them. That is one of the greatest things that has blessed our city and our community and our state in the last two decades.”

    The defense insists that this prosecution means to put rap on trial, and the aspirations of poor Black people who see music as the only way out of poverty along with it. They are arguing that Willis would prefer not to face the same fate as Chesa Boudin in San Francisco, cast out amid a perceived failure to be tough on crime.

    The larger question is whether gang prosecutions tied to the music industry ultimately begin looking for targets in the music industry’s corporate penthouses. There are rich people at the top of this pyramid who are white, not from Atlanta, and profiting from Black misery, arguably being cultivated by these artists, in the name of selling records.

    At some point, we must ask if the major labels are deliberately looking to promote artists who are themselves promoting violent street gangs because, in a fractured media landscape, “authentic” trap musicians are more reliably profitable.

    The post Atlanta’s Gang Indictment Takes On an Institution appeared first on The Intercept.

    This post was originally published on The Intercept.

  • Former U.S. Sen. David Perdue is suing his top rival in the Republican primary for Georgia’s governor’s race, and incumbent Gov. Brian Kemp hit right back.

    Perdue, who announced his run last year with former President Donald Trump’s endorsement, accused Kemp of having stacked the fundraising deck by changing the campaign laws last year; yesterday Kemp filed an ethics complaint against Perdue for illegal campaign coordination with a third-party PAC.

    Kemp’s ethics complaint argues that the WinRed website of the Georgia Values Fund, an independent committee, violates state campaign financing laws by showing how to donate directly to Perdue’s campaign fund. The site also allegedly solicits cellphone numbers for Perdue’s campaign to send political push notifications. Both actions violate laws requiring independent committees to refrain from coordinated campaigning, Kemp’s complaint argues.


    The Perdue campaign’s lawsuit, filed earlier this month, suggests that the changes to campaign finance laws last year are “unconstitutional and corrupt.” The new law allows Kemp to sidestep a Georgia rule barring elected officials from raising money while the legislature is in session. “Using his power as the incumbent Governor, Kemp changed Georgia law in an attempt to rig this race in his favor,” Perdue’s campaign said in a statement. “He gave himself a massive fundraising advantage and is able to fully coordinate with his so-called leadership committee that he chairs, while challengers like Perdue play by different rules.”

    It’s part and parcel of what is becoming a vicious political knife fight, fueled by spite, between two political leaders who would have been considered mainline business conservative Republicans four years ago. The internal battle between conventional Republicans and the radical right has transformed into a bidding war for political war-fighting credentials.

    “Millionaire David Perdue built a career putting himself first. Searching for cheap labor, Perdue outsourced jobs to countries like China. He made a fortune for himself but left communities broken, families ruined.” That’s not an attack ad from a Democrat. That’s from Kemp, taking potshots at his new primary rival.

    To earn his Trumpist bonafides, Perdue joined a lawsuit questioning the 2020 general election results. Kemp, you may recall, resisted Trump’s urging to swing Georgia’s electoral votes his way. Kemp “cost us two Senate seats, the Senate majority, and gave Joe Biden free rein,” Perdue said in a video announcing his run. He accused Kemp of colluding with Stacey Abrams — a prominent Georgia Democrat, voting rights activist, and fellow gubernatorial candidate — to give the presidential election to Biden. “Think about how different things would be today if Kemp had fought Abrams first instead of fighting Trump.”


    Perdue, who lost his Senate seat to Jon Ossoff last year in a tight runoff, told reporters that he wouldn’t have certified Georgia’s election results if he had been governor and that he would have called a special session of the state legislature to “protect and fix what was wrong for the January election.”

    Perdue is, frankly, lying about a lot of things here, both about the election and himself, to appeal to Trump conservatives. Everyone from Georgia Public Broadcasting to the Atlanta Journal-Constitution and Axios is calling bullshit in very direct terms. State law does not allow a governor to withhold certification of an election, nor would it allow election rules to be changed for an election that had already occurred.

    Trump made loud calls for special legislative sessions in Georgia, as well as Michigan and Arizona, to set aside the election results and declare him the winner of its electors. Perdue told the New York Post in January that he had “repeatedly called for a special session of the General Assembly to investigate,” but I can find no evidence of these repeated calls in news stories or interviews. Perdue and then-Sen. Kelly Loeffler were both booed at rallies by partisans in December demanding that they both take stronger positions on overturning the November election.

    Virginia Gubernatorial Candidate Terry McAuliffe Joined By Stacey Abrams, Jaime Harrison, And Dave Matthews For Election Rally

    Voting rights activist Stacey Abrams speaks during a get-out-the-vote rally in Charlottesville, Virginia on October 24, 2021.

    Photo: Eze Amos/Getty Images

    Trump followed that up at a rally in Perry, Georgia, with a call for Perdue to run against Kemp, saying, “Stacey, would you like to take his place? It’s OK with me. … Of course having her, I think, might be better than having your existing governor, if you want to know what I think. Might very well be better.”

    The crack about having called for a special election appears to be particularly galling to the Kemp camp. “David Perdue lies as easily as he breathes,” said Cody Hall, Kemp’s political spokesperson, according to a tweet by Axios reporter Emma Hurt. “Perdue never asked the Governor to call a special session. Period. In fact, his campaign — and Perdue himself — asked for there not to be a special session called. At the time, they knew that a special session could not overturn the 2020 general election, and that changes to election rules for an election already underway are not allowed under state law or court precedent. Now Perdue is a desperate, failed, former politician who will do anything to soothe his own bruised ego.”

    Perdue’s time in office produced a caricature of a mean-spirited rich guy.

    Perdue’s time in office produced a caricature of a mean-spirited rich guy. He held no town hall meetings and actively avoided interacting with constituents unless they were writing his campaign a check. Perdue left an indelible image when he snatched a phone from an impertinent college kid at a Georgia Tech football game. Perdue’s stock trading during the coronavirus pandemic remains an open question; if the FBI resolved its investigation into Perdue’s suspiciously well-timed Cardlytics trades, the agency has never said so publicly. (The agency rarely does so, a spokesperson said.) Ossoff made an issue of those trades in the Senate race last year, enough to prompt Perdue to chicken out of debates with him. I can’t imagine Abrams being gentler.

    But according to Perdue, none of this explains the former senator’s 55,232-vote gap on about 4.5 million cast that led to his loss in the January runoff. Of course not. It was all Kemp and Georgia Secretary of State Brad Raffensperger.

    Kemp is fighting for his political life, under conditions that he helped create. Kemp has done little to arrest the far-right drift of the Republican Party, the descent into conspiracy and unthinking denial of evidence, politics as an exercise in tribal loyalty. Kemp was booed at the Republican State Convention in June — a convention at which Perdue introduced him to speak, warning delegates to “focus right now on what we have to do to win in November 2022.” Kemp avoided the party’s formal censure there, but Raffensperger did not.

    Kemp and Perdue will tear each other apart in the primaries. Both burned the mechanisms for reconciliation on Trump’s altar last year. Initial polling from Fox 5/Insider Advantage showed a dead heat between Kemp and Perdue after Trump’s endorsement, 34-34 with 18 percent undecided. The most likely scenario right now is Perdue taking Kemp to a runoff, because straphangers like former DeKalb County CEO Vernon Jones and QAnon-adjacent Kandiss Taylor are going to cost the front-runners 5 to 10 percent of the vote.

    Trump’s endorsement of Perdue must be galling to Jones, who has been begging for Trump’s attention ever since appearing at the “Stop the Steal” rally preceding the January 6 Capitol attack. Months of sycophancy and illegally placed campaign signs across North Georgia, printed double-size and wired to fences on abandoned property, led instead to being picked over. The pitiful campaign started as an extension of pillow tycoon Mike Lindell’s marketing; now it seems clear that’s all it would ever be.

    Brian Kemp, governor of Georgia, speaks during a news conference at a mass covid-19 vaccination site at the Delta Flight Museum in Hapeville, Georgia, U.S., on Wednesday, Feb. 25, 2021. Delta Air Lines Inc. partnered with Georgia to host the state's largest COVID-19 vaccination site. Photographer: Elijah Nouvelage/Bloomberg via Getty Images

    Brian Kemp, governor of Georgia, speaks during a news conference in Hapeville, Georgia, Feb. 25, 2021.

    Photo: Elijah Nouvelage/Bloomberg via Getty Images

    The Kemp-Perdue primary presents a political awakening to Republicans in Georgia of the real possibility of losing political power next year. In one sense, the Georgia contest resembles others in which Trump has decided to assert his revenge on insufficiently loyal Republicans like Rep. Fred Upton, R-Mich., and Sen. Lisa Murkowski, R-Alaska, by promoting primary challengers. Doing so maintains his political relevance until the 2024 election cycle begins in earnest.

    But Georgia’s politics have unique qualities.

    One-third of Georgia’s electorate is Black, and almost exactly half the state is made up of people of color. The racial dynamic between Abrams’s bid to become the first Black governor of Georgia makes for sharply different politics than those of, say, Virginia, where Democrat Terry McAuliffe lost the governor’s race to Republican Glenn Youngkin. The initial political take in Virginia was that McAuliffe underperformed with Black voters; this is incorrect. McAuliffe lost because some moderate white voters stayed home. McAuliffe’s Black voter support was consistent with Democrats in previous cycles. It was not supercharged in the ways that Abrams’s candidacy was in Georgia in 2018, when she narrowly lost to Kemp.

    If Kemp wins the primary, a determinative number of Perdue’s voters will assume fraud and stay home, which would be good news for Abrams, who increasingly appears to be viewed as an iconic generational leader by Black voters across the left side of the political spectrum in Georgia. The political environment for Democrats in a midterm is difficult, but the Republican intraparty fight may provide an opening for Abrams, assuming that she doesn’t treat her primary campaign as a coronation.

    Two other issues will complicate the campaign cycle in Georgia.

    For one, the U.S. Supreme Court will hand down its decision on the Louisiana abortion rights case in the middle of the primary season. Georgia’s primary election takes place on May 22 and the runoff (if necessary) on June 21. Georgia’s “heartbeat” abortion law would take effect immediately if the court invalidates Roe v. Wade, subject to its consideration of a similar law in Texas. Abrams’s candidacy will be thrown into stark relief in a state that would likely lose practical abortion access overnight.

    The Republican-dominated Georgia General Assembly may make abortion laws even more strident during the session, given the fear of a potential Abrams veto in 2023 — making the governor’s race an instant referendum on abortion access.

    If Willis brings charges, all hell breaks loose in Georgia.

    Second, Fulton County District Attorney Fani Willis called for a special grand jury to examine the election interference case against Trump for his furtive phone call to Raffensperger, during which the former president pressured Raffensperger to change the results of the 2020 election. A special grand jury allows Willis to call witnesses who are not cooperating with her probe to testify. That brings the circus to town, with Trump’s inner circle dodging subpoenas and obstructing justice just like they are with the January 6 commission in Congress.

    If Willis brings charges, all hell breaks loose in Georgia. The case will dominate political discussion. Trump may call on elected officials to interfere in the prosecution, either by the intervention of the attorney general’s office or by the legislature — if not by Kemp himself.

    As it stands, political figures on the right are now looking for four-year appointments or other ways to set themselves up for an Abrams term. There is almost no public discussion about capturing more voters of color. The assumption is that Senate hopeful Herschel Walker, a Black Heisman Trophy winner from the University of Georgia, will do that job with his candidacy. The idea of compromise on any of the policy positions that Black voters or Latino voters might want to see remains anathema.

    Instead, both Perdue and Kemp are telegraphing campaigns against allowing “the city” and the “woke” left (read: Black people) to take over the state. “Fight Biden’s overreaching mandates like Florida’s doing, instead of caving to liberals in the city,” Perdue says. “In the last year, we’ve had record economic success, secured our elections, and stood up to Stacey Abrams and the woke mob when they tried to cancel our state,” says Kemp.

    The post Republicans, Motivated by Spite, Wage War Against Each Other in Georgia Governor’s Race appeared first on The Intercept.

    This post was originally published on The Intercept.

  • President Joe Biden and Vice President Kamala Harris arrived in Georgia on Tuesday to talk about overcoming a Senate filibuster for voting rights in the middle of a statewide hangover. The University of Georgia’s win over Alabama for the national college football title had half the state looking for an aspirin after parties the prior night. The Georgia General Assembly wisely called off a Tuesday session, likely because leaders knew they wouldn’t have a quorum no matter what happened on the field.

    That said, Bulldogs fans weren’t the only ones blowing off the White House visit, during which the president laid a wreath at the tomb of Martin Luther King Jr. and spoke at Morehouse College in Atlanta. A coalition of voting rights activists and civil rights leaders held a press conference Monday to declare that they would not attend the president’s speech, expressing displeasure at the half-measures Biden has taken to pass a voting rights bill.

    Led by Black Voters Matter, the call with leaders from the Asian American Advocacy Fund, GALEO Impact Fund, New Georgia Project Action Fund, and others demanded deeds, not words.

    “Take voting rights seriously,” said James Woodall, former president of the Georgia NAACP. “We’re asking for him to take this seriously and to outline an actual plan. They should be in D.C. taking a vote on this today,” he said. “Also, go Dawgs.”

    Stacey Abrams, presumptive Democratic nominee for governor and a national leader on voting rights, also did not attend Biden’s appearance in Georgia, citing a scheduling conflict. She did not elaborate.

    Biden used some of the strongest language yet to attack partisan intransigence in the U.S. Senate, likening those who vote to sustain a filibuster against voting rights legislation to secessionists and segregationists.

    “History has never been kind to those who have sided with voter suppression over voters’ rights and will be less kind to those who sided with election subversion,” Biden said. “How do you want to be remembered? … Do you want to be on the side of Dr. King or George Wallace? Do you want to be on the side of John Lewis or Bull Connor? Do you want to be on the side of Abraham Lincoln or Jefferson Davis?”

    Biden, for the first time, called on senators to set aside the filibuster in order to pass voting rights legislation in the Freedom to Vote Act and the John Lewis Voting Rights Advancement Act. He had previously avoided language about the filibuster, unwilling to wade into the issue publicly. “I’m tired of being quiet,” he said.

    Civil rights leaders have pointed to unprecedented actions taken or threatened by legislators in the wake of Biden’s electoral victory in 2020 and the U.S. Senate wins by Jon Ossoff and Raphael Warnock in January 2021. The Republican-controlled Georgia legislature rewrote the state’s election laws in 2021 to enforce stricter rules for identification in absentee voting and to enable the state elections board to take over local elections boards, among other changes, passing the so-called Election Integrity Act.

    S.B. 202 criminalizes “ballot harvesting” activities like pre-filling information on absentee ballot applications. It also requires absentee ballot drop-off boxes to be placed indoors and locked away from the public after business hours, making it much more difficult for people working 9-to-5 jobs to drop a ballot off directly instead of mailing it in.

    The law also shortens the window for requesting an absentee ballot, giving voters less time to fill out and mail back a ballot. And the law criminalizes “line warming” activities such as providing food or drinks to people waiting to vote.

    About 80 percent of voters cast ballots early in 2020, either by voting at an early-voting station or as an absentee voter. Doing so prevented long lines on Election Day and raised overall turnout.

    The federal voting rights bills before the U.S. Senate would create a national baseline for voting access, preempting state laws. All states would have to allow at least two weeks of early voting, with polls open for at least 10 hours a day, including on weekends. Absentee ballots for mail-in voting would be required everywhere, with applications made online and standardized laws for signature matching and identification. Critically, it would prevent partisan election “reviews” like the Arizona audit and prevent election officials from being relieved of duty by partisan politicians.

    Gov. Brian Kemp hit back at Biden immediately after the speech at Morehouse. “Ignoring facts and evidence, this administration has lied about Georgia’s Election Integrity Act from the very beginning in an effort to distract from their many failures and rally their base around a federal takeover of elections. But make no mistake, we will not back down,” Kemp tweeted. “The Election Integrity Act makes it easy to vote and hard to cheat with common-sense reforms. But Joe Biden, Kamala Harris, and Stacey Abrams have never let the truth get in the way of forcing their radical agenda on Georgians and Americans.”

    Though Democrats narrowly won statewide races in 2020 and 2021, congressional redistricting in Georgia leaves the state with nine safe Republican seats to five safe Democratic seats. State Senate redistricting resulted in 33 districts that would tend to vote for Republicans and 23 that would tend to vote for Democrats. Lawsuits quickly followed Kemp’s signing of the redistricting legislation last year. Rep. Lucy McBath, whose 6th Congressional District gained tens of thousands of regular Republican voters, is now challenging Rep. Carolyn Bourdeaux in the 7th District, composed primarily of Gwinnett County.

    After Gwinnett — a suburban Atlanta county and long a Republican stronghold — flipped decisively to Democratic control in 2020, a state senator introduced legislation to radically reshape the county’s Board of Commissioners, expanding the commission to allow Republicans in the northern part of the county to compete again for a seat while weakening the role of the chair and changing school board elections to be nonpartisan races.

    The senator, Clint Dixon, backed off the proposal after fierce local criticism, but he remains a co-sponsor of a plan to carve the wealthy and predominantly white Buckhead neighborhood out of the city of Atlanta. The Buckhead de-annexation bill comes over the objection of every legislator representing Buckhead and Atlanta, violating a Georgia rule about local support for local legislation.

    Meanwhile, election law changes last year undid bipartisan local elections boards in rural Georgia, ceding political appointments to partisan county commissioners. One case — Lincoln County, north of Augusta — resulted in a new elections board proposing to close six of its seven polling locations. The board’s chair, Lilvender Bolton, said the move was necessary to manage Covid-19 concerns. But the rural county of about 8,000 residents — a third Black, a quarter in poverty — has no public transportation system, and the move would leave most of its voters more than 15 miles from the remaining poll.

    Woodall and other local leaders say they are demanding federal action because these moves by Republicans are meant to whittle away at the margins of the vote in a state where the next election is likely to be decided by a percentage point. In the days of Justice Department preclearance, Republicans would not have risked these electoral changes.

    “What we need is oversight,” Woodall said. “If we get these legislative proposals through, you will see a strengthening of democracy.”

    The post Why Civil Rights Groups Boycotted Joe Biden’s Speech on Voting Rights in Georgia appeared first on The Intercept.

    This post was originally published on The Intercept.

  • KENOSHA, WISCONSIN - NOVEMBER 19: Judge Bruce Schroeder, right, listens as the verdicts are ready by Judicial Assistant Tami Mielcarek in Kyle Rittenhouse's trial at the Kenosha County Courthouse on November 19, 2021 in Kenosha, Wisconsin. Rittenhouse was found not guilty of all charges in the shooting of three demonstrators, killing two of them, during a night of unrest that erupted in Kenosha after a police officer shot Jacob Blake seven times in the back while being arrested in August 2020. Rittenhouse, from Antioch, Illinois, claimed self-defense who at the time of the shooting was armed with an assault rifle.  (Photo by Sean Krajacic - Pool/Getty Images)

    Judge Bruce Schroeder, right, listens as the verdicts are read by judicial assistant Tami Mielcarek in Kyle Rittenhouse’s trial at the Kenosha County Courthouse on Nov. 19, 2021, in Kenosha, Wis.

    Photo: Sean Krajacic/Getty Images


    Kyle Rittenhouse is free, the beneficiary of a verdict that politically imprisons the rest of us.

    Jurors rejected the legal argument presented by prosecutors, returning a verdict of not guilty on all counts, including two counts of homicide, for the August 2020 shootings in Kenosha, Wisconsin, during a Black Lives Matter protest. The prosecution described Rittenhouse as remorseless and committed to acts of violence, and said that his armed presence was provocative and that he didn’t exhaust all legal means to avoid killing someone.

    “Raise your hand if you agree life is more important than property,” prosecutor Thomas Binger said to the jury in his closing arguments. “The only person who shot and killed anyone was the defendant. Yes, there was property damage. No one’s here to defend that. No one’s here to tell you it’s OK to commit arson or looting. No one’s here to tell you it’s okay to be rioters. … But what you don’t get to do is kill someone on the street for committing arson.”

    Yet thanks to this jury verdict, more people will undoubtedly try to.

    We can’t say we didn’t see it coming. Judge Bruce Schroeder’s decision to allow the men laying dead at Rittenhouse’s feet to be called “looters” or “rioters” but not “victims” set a tone that continued, ruling after ruling. Yes: One of the people Rittenhouse shot — Gaige Grosskreutz – was armed. I find that insufficient justification for the death of two other men.

    No, the legal argument failed. And that was the only argument jurors were ever going to hear in court. But it’s not the only question that you and I as American citizens have to wrestle with.

    Here’s the argument that the jury couldn’t hear: In exonerating Rittenhouse, the jury has given license to every violent extremist in America to arm themselves and look for trouble amid their political opponents, wherever they might be.

    In exonerating Rittenhouse, the jury has given license to every violent extremist in America to arm themselves and look for trouble.

    Consider the next time people rally for, say, abortion rights. Or perhaps immigration controls. Or the next Stop the Steal rally. A free Kyle Rittenhouse means we will now be met with two camps of armed protesters, possibly from around the country, each squad waiting for an opponent to twitch suspiciously in a way that will allow excuses to fly along with the bullets.

    A body count begins today with this verdict. Every time a Proud Boy or a neo-Nazi opens fire at a Black Lives Matter rally or its equivalent in the future, they will have Rittenhouse’s defense on their lips.

    The thing is, you can’t convict a man for the things you fear others will do in his name. I know that. There is no way to argue that in court without creating a mistrial. It is not a legal argument; it is a political argument.

    Schroeder also barred prosecutors from linking Rittenhouse to the Proud Boys, though Rittenhouse had become friendly with the violent and bigoted group in the days following the street killings. It was one of many pronouncements meant to sever the legal question of Rittenhouse’s guilt from the political ramifications of an acquittal.

    But it is from conjecture like this that we make decisions about what our society and our laws should look like in the future. Court is meant to do something very specific: to ask 12 jurors to uphold the law as it stands. We don’t ask jurors to make the law. That’s on us. We have a responsibility to see what decisions are made and then to change the law to make sure the decisions we hate are never made again.

    BRUNSWICK, GA - MAY 08: A young girl looks at a memorial for Ahmaud Arbery near where he was shot and killed May 8, 2020 in Brunswick, Georgia. Gregory McMichael and Travis McMichael were arrested the previous night and charged with murder relating to the February 23 shooting in the Satilla Shores neighborhood. (Photo by Sean Rayford/Getty Images)

    A young girl looks at a memorial for Ahmaud Arbery, near where he was shot and killed, on May 8, 2020, in Brunswick, Ga.

    Photo: Sean Rayford/Getty Images

    Surprisingly, Georgia is doing the kind of legal rewriting that’s necessary.

    When the video surfaced of Travis McMichael, his father Greg McMichael, and their neighbor William “Roddie” Bryan shooting Ahmaud Arbery dead while jogging in Brunswick, Georgia, last year, public outrage was immediate and condemnation widespread. And while, in the Rittenhouse case, powerful forces acted to defend Rittenhouse against consequences, it was clear even to — especially to — Georgia Republicans that the legal defense of self-defense for the McMichaels and Bryan in the wake of a citizen’s arrest could not be given the breath of legitimacy. Georgia is a purple state with a very different set of racial politics than Wisconsin.

    Once public opinion became clear, the state moved to contain the political damage that the killing created and diminish the chance that Arbery’s killers would be acquitted. Amid the presidential race in Georgia, which had become the mother of all political contests, Georgia’s Republican-controlled legislature still managed to pass hate crimes legislation after decades of obstruction, so great was the revulsion and the fear that Arbery’s bloody shirt would be the veil through which the world would see the state. In Georgia’s next legislative session, the state repealed statutes allowing for citizen’s arrest.

    The Glynn County court had to sift through 1,000 potential jurors to find 12 who might be considered fair, because hostility to the defendants had become that widespread.

    Defense attorneys working for Arbery’s killers were left to grandstand and shock in ways they apparently hoped could draw a mistrial. Kevin Gough, the defense attorney for Bryan in the case, argued last week in court to bar “any more Black pastors” from attending the trial after seeing Al Sharpton in the gallery with Arbery’s mother, suggesting that high-profile Black clergy could influence the jury. Gough later apologized for his comment but still reiterated this argument in a motion Tuesday. The judge rejected it.

    A conclave of Black pastors answered Gough’s challenge Thursday, flooding the courthouse grounds in a sea of well-tailored three-piece suits. Pastor Jamal Bryant of New Birth Missionary Baptist Church near Atlanta stood on the courthouse steps and called Brunswick as “our generation’s Selma” and a place of renewal for the fight for civil rights.

    Clergy carefully crafted their message Thursday around diminishing the risk of giving Gough what he wanted: a mistrial. “We as pastors — Black, white and any other faiths as well — wanted to come together in unison to pray,” said Pastor Lee May, leader of Transforming Faith Church in Decatur, Ga. “This is a prayer vigil by the pastors. We’re not here to protest. We’re not here for any civil disobedience. We believe that prayer will make a difference.”

    May warned everyone he had spoken with to be on their best behavior. “We don’t want to cause any kind of trouble to change the trajectory of this trial.”

    Travis McMichael testified Wednesday, describing his actions leading up to Arbery’s death for the jury. Doing so opened him up to withering cross examination from prosecutors, who highlighted how Arbery had been unarmed and running away from him and from the other defendants before they killed him. Closing arguments will begin Monday.

    “I think with the evidence that I believe is so strongly against their clients as it relates to the murder of Ahmaud Arbery, they’re doing everything they can to try to get a mistrial,” said Mawuli Davis, a prominent civil rights attorney and activist in Georgia closely following the case. “It’s a strategy that defense attorneys employ. You push as hard as you can and hope for an error.”

    It’s a Hail Mary play from the defense. “Everything that happens out here is a matter of our First Amendment right to protest and to be heard,” Davis continued. “I think when you blur those lines and you try to prevent people from being able to voice their displeasure with the way the system has treated this case thus far, then you’re in a real problematic space. You can’t prevent people from speaking out, even though people have a right to a fair trial.”

    I now have to wonder if that’s still true. Kyle Rittenhouse’s gun can veto the bullhorn. We have to act: It should be clearly illegal under federal law to menace protestors while armed. The right to keep and bear arms must not obliterate the right to peaceably assemble. We have to consider this an act of political intimidation on its face moving forward, if the ballot is meant to prevail over the bullet.

    The post Kyle Rittenhouse’s Acquittal Sets a Dangerous Precedent. But That’s Not What Was on Trial. appeared first on The Intercept.

    This post was originally published on The Intercept.

  • Harmony lay in a 6-foot-wide stream of her own waste, swaddled in a blanket infused with feces. She propped up her matted head on her right arm, looking up at two downtown ambassadors from the community improvement district who had come out to ask her to move for the fourth time in a week. They needed to pressure wash the sidewalk.

    Harmony is not her real name. Atlanta’s powers that be know who she is.

    Phillip Spillane, a good friend of mine among the ambassadors, had called 911 to get paramedics to take her to Grady Hospital that Friday. He has made this call about once every two weeks, when the state of Harmony’s squalor becomes too much to bear for an observer with a soul.

    I came upon them as paramedics were piling back into a Grady ambulance. I watched them drive away, an impassive expression on the face of the paramedic in the passenger seat as she watched Harmony, who remained on the sidewalk.

    It was the same expression on the faces of most of the people walking by. I’ve seen it every time I’ve come downtown to Atlanta to talk with her. It’s not that passersby don’t notice her, but people make an immediate mental calculation about their ability to help someone in this kind of distress. The social reaction — the human reaction — left over is a carefully deliberate nonchalance meant to provide some dignity to a person in a state of public humiliation and to retain some dignity of their own on the scene of a moral catastrophe.

    Of course, some people realize that they’re about to step in her shit and can’t keep from scowling.

    This story starts with Harmony. It does not end with her.

    2-ambulance-back

    Harmony wants to be seen. Her survival depends on being seen. Dangerous things happen to people out of sight, in her mind. She won’t go into Woodruff Park next to the Walgreens for fear of being attacked. But on the sidewalk, people will see her, and some will bring her food as an offering to their own conscience. The lights on Peachtree Street will keep her safe in the darkness, if one can call any of this safe.

    Harmony called out to me by name. It shocked me.

    In what universe would someone fighting to keep the black flies from airlifting her off the sidewalk, with all the cops and social workers and the musical dance number of homeless people around her, have the presence of mind to remember my name?

    In that flash of casual lucidity, I saw all of her problems illuminated.

    If Harmony had the wit to remember me, then, perversely, it meant that she might not be unwell enough to be committed involuntarily to a hospital for treatment. Hearing my own name pissed me off.

    Harmony isn’t exactly unique; thousands of people in Georgia have mental illnesses and developmental disabilities and addictions, flitting into and out of the state’s care in between long bouts of homelessness. But Harmony is at the center of the Familiar Faces project, an official list of people with severe and persistent illnesses whom Fulton County, where Atlanta is located, and the state desperately want to get off the street and out of the county jail.

    I would argue that no one currently experiencing homelessness in Fulton County, if not the state, requires more help than Harmony.

    I would argue that no one currently experiencing homelessness in Fulton County, if not the state, requires more help than Harmony.

    And yet despite millions in resources, much of which the state cannot figure out how to spend, Harmony remained unhoused at the foot of the iconic Coca-Cola sign above the Walgreens at Five Points — in the heart of Atlanta — as she has on and off for years, in a state of abject human degradation, with all of this misery taking place less than 100 yards from the very steps of Georgia’s Department of Behavioral Health and Developmental Disabilities headquarters.

    The people who can help her can see her from their offices. They might walk by her on the way to lunch.

    We spend less to treat mental illness than we should. As a result, Georgia is dead last in the 2021 national rankings for access to mental health care, as measured by the nonprofit advocacy group Mental Health America. Our miserable placement comes because poor and working-class people cannot afford routine mental health care — Georgia did not expand Medicaid, after all — and because we have about half the mental health providers as the national average.

    Harmony has been the subject of intense discussions with the overseers of a federal consent order with Georgia that requires the state to prevent people with severe and persistent mental illnesses from falling into homelessness after being discharged from state facilities.

    But a tug of war between the state, city, county, and others has made it difficult to figure out who should foot the bill for her care. Simple housing seems inadequate — she probably needs residential nursing assistance, since she can’t clean herself, and no one appears to be willing to provide housing without that care. The hospitals don’t want her because she doesn’t want to be there. Jail simply exacerbates her mental illness, with no easy alternative for police or social workers to use. And so she is left like an incontinent animal in the backyard, treated primarily as a sanitation problem.

    I didn’t want to focus this story on Harmony. I don’t want to exploit the image of her crisis as some act of poverty porn without being able to help her. I have been wrestling with the question of consent, because it is hard to imagine someone living like this who is well enough to participate in the telling of their own story. I say this, though she has said she wants me to write. Frankly, I didn’t believe her until the day she called me over by name. It meant that her memory was relatively intact.

    And that’s the problem. Because if she’s lucid enough to consent to my reporting, then she’s lucid enough to refuse treatment, which she does regularly. Harmony’s plight highlights the failures of Georgia’s health care systems — and that makes the story worth telling. The questions I hope to raise are whether we should accept that Harmony’s stated demand to be left alone should be enough, why it takes so long to act, and what our moral and legal choices look like.

    3-court

    Harmony is 38 and has been in and out of state hospitals for much of her life, she told me. She doesn’t like to stay there. She will, in fact, fight her way out.

    Held at a Piedmont Healthcare facility in January, Harmony got mad when a guard asked her to stay in her room, according to court records. She pushed him, then started smashing computer equipment. Police charged her with a felony — the first after a long line of misdemeanors — for breaking a laptop. She spent 123 days in jail in Newton County before being convicted and sentenced to time served in May, with five years of probation and a required mental health evaluation.

    She told the Newton County court that she was paranoid and schizophrenic, had a ninth-grade education, and was at the time prescribed a suite of psychiatric medications: Seroquel, Depakote, Geodon, Haldol, and Risperdal. She also said she was using drugs.

    Judge Layla Zon accepted her guilty plea after a few questions to see if Harmony understood what she was agreeing to.

    “I am also going to find on the record that the defendant appears to be competent based upon the time that I spent asking her questions,” Zon said. “She also appears to be coherent, very responsive appropriately to my questions. She is being medicated for the medical diagnosis that she has of paranoid schizophrenia. And that medication actually helps her understand the proceedings rather than impair her ability to understand the proceedings.”

    After the plea, Harmony spoke up, according to the court transcript.

    THE DEFENDANT: Can I ask you something?

    THE COURT: Yes.

    THE DEFENDANT: Can I ask you something? I know that you the judge and lawyer — judge, lawyer, help, case dismissed.

    THE COURT: What was your question?

    THE DEFENDANT: Judge, lawyer, help, case dismissed.

    THE COURT: Judge, lawyer does what now?

    THE DEFENDANT: I said judge, lawyer, help, case dismissed.

    THE COURT: What about the case being dismissed? I don’t understand your question.

    THE DEFENDANT: I said help, case dismissed.

    THE COURT: You want the case to be dismissed?

    THE DEFENDANT: I said, I’m telling you all four names, four names y’all said. I’m telling you four names: Judge, lawyer, help, case dismissed.

    THE COURT: Okay.

    THE DEFENDANT: I said that’s what I wanted to tell you.

    THE COURT: You wanted to tell me to dismiss the case?

    THE DEFENDANT: Huh-uh. I had wanted to tell you that.

    DEPUTY: I’m sorry. Is she in court right now?

    THE COURT: Yes.

    THE DEFENDANT: Yeah, I’m in court.

    THE COURT: But I can’t understand what she’s saying. Judge, lawyer, help —

    THE DEFENDANT: I said I had wanted to tell you something. That’s all I wanted to tell you.

    DEPUTY: She just wanted to tell you those words.

    THE DEFENDANT: I had wanted to tell you something.

    THE COURT: Okay. You wanted to tell me judge, lawyer, case dismissed?

    THE DEFENDANT: Yes.

    THE COURT: Okay. But you told me earlier that you wanted to plead guilty to the charges.

    THE DEFENDANT: Yeah. I said — I just said that — really I took my time served. But I just said case dismissed. Other than saying time served, I said case dismissed.

    THE COURT: Okay. Well, I can’t dismiss the charges because the State is going forward. The prosecution is moving forward with this case. And that’s why you have an option of pleading guilty or going to a jury trial. And you told me that you wished to plead guilty.

    DEPUTY BELL: I think she was trying to tell you she knows those words.

    THE DEFENDANT: I said, can I — can I ask you this? Can y’all give me time served?

    DEPUTY BELL: She’s trying to tell you she knows those words.

    THE COURT: I did give you time served. I sentenced you to five years on —

    THE DEFENDANT: I thought Eddy Cossio —

    THE COURT: I sentenced you to five years on probation and the jail time that I ordered that you have to serve I’m giving you credit for time served. Now, where do you —

    THE DEFENDANT: Okay. Okay.

    Harmony told the court she was homeless. The court instructed probation to send her to the Rainbow Community Shelter in Covington because her uncle would no longer take her in. (I have been unable to locate her uncle.) Three days later, the shelter kicked her out for misbehavior, and she found her way back to a downtown Atlanta street corner.

    People with serious mental health problems in Georgia’s hinterlands almost always find their way to the streets of Atlanta. The most common service delivery strategy in “conservative” counties for homeless people or people who need drug treatment or women running from an abusive spouse is a bus ticket to Peachtree Street. It keeps taxes low and lets them brag about much “cleaner” their communities are.

    I spoke with Harmony’s probation officer in Newton County. Harmony never received the post-conviction psychiatric evaluation required by the court. She has never made a probation meeting. At first the officer was only marginally aware that Harmony was even on her caseload. Harmony did have an active warrant for her arrest for violating her probation, not that anyone — anyone — really wants her in jail. Because what’s the point? Unless it’s to force her or someone else to clean her, in ways that are likely to be traumatizing to all involved.

    4-List-E-with-pen

    I dream of shit.

    I stepped in Harmony’s waste as I walked over to her. I didn’t realize it at first, of course. I felt the squish on my shoe as I approached. Her shit was everywhere. I scraped my sole on the sidewalk without thinking, then realized what had happened. I tried to ignore it.

    Harmony was nude from the waist down, covered with a blanket, as usual. Her thin top exposed a chest full of open sores. Some had healed and scarred over a bit since the last time we spoke. Her 300-pound frame was dusted in a light coating of her own feces. A cloud of black flies buzzed around her.

    Harmony asked me for food, but I didn’t have time to run to Rosa’s Pizza for her preferred meal of a pepperoni slice. She then asked for pen and paper. I walked into Walgreens to buy some. The smell stayed with me. I couldn’t tell if I was imagining it or not. I wondered if I was radiating the smell of her waste as I picked up a notepad and some Sharpies.

    I handed them to her, along with a bag of gummy bears, and she began to fill four pages with one-word lines:

    Uplift

    Withhold

    Law

    Government

    Authority

    Federal

    Sever

    Peace

    Unite

    Equal

    I asked Harmony what they meant. She sort of shrugged and quietly said that this was her. She was describing herself. Perhaps. She was very quiet.

    Harmony wanted fresh blankets. I said I wasn’t in a position to get some for her right then. She offered me some of her gummy bears. I politely refused. Harmony saw a white cardboard paper lollipop stick on the sidewalk. Wrapped in the soiled blankets, she wasn’t able to reach it. She asked me to give it to her, so I picked it up off the shit-smeared sidewalk and handed it over. She started cleaning out her right ear with it. And I left.

    I went to lunch. I sat away from others, wondering if my shoe still smelled of her. I couldn’t go home. The entire interaction, punctuated by my own impotence at being able to resolve anything for her, left me vibrating with a kind of moral fury I didn’t want to dump in my own house. I went to a movie instead — the theaters remain mostly empty on Friday afternoons. I took a paper towel to my shoe in a sink, found a private spot in a dark corner, and wept where no one could see me.

    5-caseworker-emt
    Later, Spillane told me that Fire Truck 25 had rolled in from southwest Atlanta to Five Points to take the call about Harmony. Firefighters parked the truck on Edgewood Avenue and spoke to her. After a few minutes, it became clear that they couldn’t — or wouldn’t — talk her into coming with them. They met with the team from a Grady ambulance. After a short, familiar conversation, everyone left Harmony to roll around in her own shit. Again.

    I had spoken with that crew four days earlier as they were bundling a man I knew well into the back of an ambulance for the third time in a month. I stopped to chat. He’s one of a cast of characters better known downtown by nicknames like Ooo-wee or the Angry Man or Smiley. I know their real names. My friend has a history of passing out drunk on the sidewalk, as he has done for the better part of a decade. He perked up a bit when he saw me. We’ve been speaking for years about his need to stop drinking and get off the street. He was sober for a while a couple of years ago. I wish it had lasted longer.

    I asked the EMTs what they would want the public to know.

    A paramedic took out his phone and pulled up a calculator. “Every time an ambulance comes to take him to Grady, it costs $1,700,” he said. “That’s before he walks through the door.” They pick him up once a week. The state of homelessness and inebriation my friend lives in costs the public about $88,400 a year at minimum, he said. For that much money, four or five people could be provided permanently supportive housing.

    They knew Harmony well. When I brought her up, they just shook their heads. They come to take her just as often — only she won’t go.

    I asked Harmony that day if she was still OK with me writing a story about her, and she said yes. If someone offered her an apartment, I asked, would she take it? She said yes to that too. I asked her if she would go to a nursing home. She said no.

    I dreamed that night about what a jail would do with Harmony. How would they clean her? Would they just hose her down like in a prison movie, or would they give her the dignity of cleaning herself? Could she take a shower? How would they clean the shower? I awoke with a start after dreaming about being trapped in a stopped-up public toilet stall with no toilet paper and people peering through the gaps in the door.

    6-ER

    The next morning, paramedics arrived to take Harmony to Grady and then to a state hospital, come hell or high water. Harmony had finally drawn enough attention. She refused to go willingly, as usual. This time, they shot her full of the aggression-reducing antipsychotic Haldol and carted her away anyway.

    But this story isn’t about Harmony.

    It’s about all the things that have to be broken to leave someone in Harmony’s state, living in her own shit on an iconic Atlanta street corner for five months.

    It’s about how we react to seeing someone like Harmony — the same someone, over and over — or to squalid tent encampments under a highway, or to someone clearly out of their wits begging people in cars at a stoplight. We ask ourselves what in the cherry-flavored fuck are we doing with our tax money, if this is what we get. How can we call this a “developed” country when this kind of dismal wretched misery greets us in public places? Who do we hold responsible for this failure?

    And I’m not talking about reactionary libertarian sociopathy. I’m not entertaining amoral bastards who shout “Get a job!” from their SUV window and then call the cops to get rid of “undesirables” in their neighborhood, patting themselves on the back for how their hard work made them successful.

    Hundreds of thousands of Americans have schizophrenia. Schizophrenia cackles at Darwinist meritocracy.

    I want people to understand why it takes so damned long for what we laughingly call “the system” to help someone like Harmony.

    People experiencing chronic homelessness driven by mental illness have often been burned by the system. For someone wrestling with delusions, it can take dozens of contacts simply to convince them that a caseworker isn’t a figment of their imagination.

    Even when a caseworker gets a client to say yes, they are met with a system that is underfunded, poorly coordinated, riven by competing interests, the last political priority of policymakers, and dependent on private housing providers that manifestly do not give a shit about keeping people off the street.

    “Mental health is messy,” said Fulton County Commissioner Bob Ellis, in a hearing about establishing a diversion center — something homelessness strategists have been calling for for years. “It involves so many different layers, people want to get into whose role is it. That’s part of the reason stuff never gets done. It’s the state’s role, the county’s role, the city’s role, law enforcement’s role. It’s the family’s role because they need to take care of it. We can get caught in that trap as well.”

    7-jail

    Harmony is unique. And yet there are at least 100 Harmonys on the streets of Atlanta.

    The county knows each of them by name. There’s a list.

    A few years ago, folks working on strategy around mental illness and jail wanted to better understand who the “highest utilizers” were. Who are the people who bounce in and out of jail most frequently? Who is taking a $1,700 ride to Grady once a week? From these questions arose a data project to identify and target them for intensive outreach and prioritized service.

    Fulton County now calls this the Familiar Faces program. We used to call them frequent flyers. (I have to wonder if Delta Air Lines objected.) The top hundred make the list.

    Kristin Schillig, who works for the Fulton County courts, is the keeper of that list. Schillig and I have been friends for years. We worked together on a judicial task force trying to get people with mental illnesses out of the county’s jail. I peppered her with familiar questions.

    Familiar Faces cross-references Fulton County Jail data with Grady Hospital’s own high-utilizer tracking system, mental health data, and the Atlanta Jail. The federal government is funding the project now — $250,000 a year, for three years — to see if it can drive down costs and reduce the burden on the jail, she said. But she’s learning about where everything goes wrong.

    “I think the story for me is that there are so many gaps in the system,” she said, exasperated. “Georgia is 51st in investment in mental health care. We’re working for nothing. This is, by far, the hardest thing I’ve ever done. The traditional systems, they fall through every crack.”

    The systems in place to catch high utilizers aren’t working yet. Of the 100 people identified by Familiar Faces, only two had previous contact with Atlanta’s Policing Alternatives and Diversion Initiative, a pre-arrest diversion program, she said.

    “We hear people don’t meet criteria a lot for various community, behavioral health, and housing programs,” she said. “Systems in place are so rigid. There needs to be more flexibility, some flexible funding streams are needed to fill the gaps. Also, establishing the Center for Diversion and Services is the key missing infrastructure gap to keep Familiar Faces out of jail. It’s an easy win.”

    “We have a plan,” she said. “We’ve had other plans. We need action.”

    Harmony’s arrests are absurd. Behold a selection of recent narratives from arrest reports:

    8-4-police
    Criminal trespassing: “There was a female at the location that refused to leave the premises. When I made contact with the female … she stated she was not going to leave. She stated she had already been served with a trespass warning and advised me to take her to jail. I attempted to offer her a referral to the pre arrest diversion, but she stated she wanted to go to jail.”

    Simple assault: “On the listed date and time Ofc. Moore and I were enroute to a call when a black female ran up to the patrol car and stating that she needed help and that she wanted to go to jail. [She] then put her hand in the window and tried to strike Ofc. Moore in the chest with a closed fist, but did not hit him. When Ofc. Moore was taking [her] into custody I went over to assist him and [she] kicked me in the leg stating that she wants to go to jail because she has not slept in a long time. Grady EMS unit 260 responded to the location because [she] was very irate and was talking out of her head.”

    Larceny (other): “Victim … stated his two bags were taken with a few items but he confronted [her] because she was wearing some of his clothing items. [He] did not see who took his bags. He stated he left his two bags outside while he entered the Xpress Store and when he came out those bags were gone. Arrestee … admitted to going inside of the bag and putting clothing items on because her clothes displayed human feces on them.”

    Public urination/defecation: “Officer Randall … was flagged down by citizens in the area of 236 Forsyth St. the Garnett Office Building. While there, Mr. B. Jones advised that the accused … continues to defecate and urinate on city sidewalks. Officer Randall and Brown have warned and arrested the accused in the past for the same violations. Today Officer Randall contacted the pre arrest diversion along with Grady which the accused … refused saying take me to jail. Officer Randall was left with no other resources because the accused behavior would not change.”

    It’s very rare for someone with mental illness to beg police to be taken to jail. The idea that desperate people regularly commit petty crimes in order to be fed a warm meal under the roof of the jailhouse is mostly a myth. It propagates precisely because it’s so rare: It stands out in the mind of any cop who encounters it.

    For every one of these encounters, there are probably a handful of police interactions in which cops didn’t bother to arrest Harmony. But they didn’t help her either, because there’s no place to take her except jail. For pre-arrest diversion to work, there has to be a place to divert someone.

    Fulton County Superior Court Judge Robert McBurney presented the Familiar Faces project to Fulton County commissioners earlier this month, hoping to convert part of the city jail to a diversion center, a place where people in crisis can be taken in lieu of arrest.

    “When 911 is called and an officer responds to a gas station and there’s a gentleman there acting erratically … the only option we have right now is to take that person to jail,” McBurney said. “Now that’s not fair. There’s [the Policing Alternatives and Diversion Initiative], but it doesn’t work 24/7 unfortunately. … PAD is not a cure-all.”

    Three out of four times when a cop rolls up on a high utilizer with rap sheets that are an inch thick — someone about to be charged with criminal trespass, public drunkenness — that person gets arrested because there’s no other option, he said.

    “They stay longer, they cost more to take care of, and they come back sooner. They’re built-in recidivists.”

    “They are superutilizers of our jail,” McBurney said. “They stay longer, they cost more to take care of, and they come back sooner. They’re built-in recidivists.”

    It costs about $30,000 a year to keep someone in a jail cell. The example McBurney used from Harris County, Texas’s diversion center showed that the government saved $5.50 for every dollar it spent on its diversion center, simply by keeping people out of jail and the hospital.

    People working on this problem in Fulton County have been talking about establishing a diversion center since 2018. I know this because I tried to get one set up at a county-owned property in Summerhill and was summarily castrated by neighborhood political blowback. Even now, with a proposal to build an alternative to jail in a jail, county commissioners are wrestling with how to do so without impeding other priorities — like jailing people.

    “It really impacts what [the sheriff] is trying to do with bed space,” Commissioner Natalie Hall said to McBurney, challenging the idea at the text-messaged behest of Sheriff Patrick Labat.

    Every single elected official speaking about the subject of the diversion center — a central component to the city and county’s pre-arrest diversion strategy — extolled the virtues of diversion. But I have to ask where the hell the City Council and Board of Commissioners have been for the last three years. None of this is new. It’s just everyone’s last political priority.

    After years of inaction, I’m calling bullshit.

    Elected leaders want to look like they care about homelessness and poverty while ignoring calls for actual action. In this case, the need to relieve overcrowding at the county jail is a more pressing political problem than a woman sleeping in her own waste on an Atlanta street corner.

    “This conversation started way before I got here,” said Commissioner Khadijah Abdur-Rahman. “At some point, we have to move past the conversation. … Business owners every day have to watch a person with a behavioral issue remove their clothes or for whatever reason have an accident in front of them or in their shop.”

    10-hospital-bed

    Here’s what it’s supposed to look like: A person with psychiatric trouble (or a bystander) reaches out to a government authority — the cops, the paramedics, the state — to get help. Psych paramedics come. If a person in trouble won’t go with them, a social worker comes in to enroll that person remotely in social services and find them some housing. It might be temporary, like a hotel room, but the contact leads quickly to permanent housing with a connection to social services.

    We talk about housing first because that’s the policy the system has been designed around. People are not expected to get clean or become compliant with their medications or get a job before being given housing. The housing comes first to help with all the other problems.

    When people are easy, this works. But people aren’t always easy. People in crisis, frankly, rarely are.

    “At the highest level, maybe we need to make it less hard for people to access our systems,” said my friend Cathryn Marchman, executive director of Partners for Home, Atlanta’s homelessness nonprofit coordinator. “We have to make sure that the opening into these services can’t be this restrictive. More accessible, lower barrier for anyone who walks through the door — hospital, housing system, whatever kind of resource. My general beef is that nonprofits and service provision across the system has to stop cherry-picking who we serve.”

    “We have to make sure that the opening into these services can’t be this restrictive.”

    Social workers see the same people over and over again. It scrapes away empathy.

    “It’s so hard with Grady because they are so overwhelmed,” Marchman said. “In a case like Harmony that is so extreme, I think systems often lose sight of …” She trailed off. “I think they just get jaded. We see behavior as manipulation, as less worthy for access. And certainly, far more difficult and challenging.”

    Atlanta is not California. I spent a couple of weeks in Los Angeles a few months ago and San Francisco last year, and I can safely say that there is no equivalent to Skid Row or the Tenderloin in this state. Anyone making that comparison should be ignored.

    That said, at the start of the coronavirus pandemic, Atlanta embarked on a massive, federally funded program to scoop up as many people experiencing homelessness as it could and house them. While quite successful, observers say the void has been filled with people on the street who are much harder to serve.

    The Department of Behavioral Health and Developmental Disabilities issued 765 housing vouchers for people with severe and persistent mental illnesses in fiscal year 2021, said Maxwell Ruppersburg, the department’s director of supportive housing. Only a few more than 200 people actually got housing, even with money in hand from the voucher, he said.

    The state had a budget of about $27.3 million for supportive housing in 2020. It spent $11.9 million. This fiscal year, the state cut the supportive housing budget to $20.6 million. The state has spent $12.9 million. It would have spent the other $8 million if it could have found people to take the money.

    Supportive housing costs $15,000 per year, give or take. That’s about 533 people left unserved.

    “You hear about waiting lists with other programs,” Ruppersburg said. “We don’t typically have a waitlist. But we have more of a problem with folks receiving vouchers, and then they can’t secure housing. And so the vouchers expire. Ultimately, they get extensions, but at some point they do expire.”

    The reason, simply enough, is that few landlords want to rent to someone they fear will trash their building. Housing has been tightening in the Atlanta metro area for the last decade. There’s no shortage of renters without severe psychiatric problems willing to pay full price for an apartment. And there’s no mechanism in the law to force a landlord to rent to someone.

    The easy cases are covered, more or less, at least until the eviction moratorium lifts. But the moratorium made landlords far more cautious about whom they will rent to, constraining supply all around.

    Georgia’s housing policy rests almost entirely on private accommodation, subject to neighbors waging war on Section 8 at zoning board meetings.

    “There is an element of housing discrimination that’s occurring. First, we never know about it individually,” Ruppersburg said. “But it’s fair to believe that that’s happening at a systemic level.”

    11-checkup

    Some people need more than housing to get healthy.

    The state has a legal standard for involuntary commitment, requiring someone to present “a substantial risk of imminent harm to self or others as manifested by recent overt acts or recent expressed threats of violence which present a probability of physical injury to self or to other persons” or appear “to be so unable to care for his/her own physical health and safety as to create an imminently life-endangering crisis.” Colloquially, people working with mental illness on the street refer to this as a 1013, for the form used to commit someone.

    When a cop rolls up to a person showing signs of psychiatric distress, they can make an arrest. They can’t 1013 them. Only a doctor, licensed social worker, family or marriage counselor, advanced practice nurse, or physician’s assistant can sign the form. That means a cop has to wait for Grady or the state to send an ambulance. Every time a clinician signs the 1013, they put their professional career on the line to say someone is unwell enough to require crisis stabilization whether that person wants it or not.

    The bar, plainly, is very high.

    The state legal standard requires hospitalization to be the “least restrictive level of care available for the individual” in order to gain admittance to a state hospital for crisis stabilization.

    A hospital can hold someone against their will for crisis stabilization only for five days at a time. After that, either the hospital must obtain a legal order for involuntary treatment or the patient must consent willingly to a longer-term stay; otherwise, the patient walks.

    Harmony walks fairly often.

    No one with clinical responsibility for Harmony’s care would speak to me on the record about her case, citing privacy laws. The question of admittance has been a bit moot for the last few months, in Harmony’s case, because Georgia Regional Hospital has substantially slowed down its intake of new patients.

    “[The Department of Behavioral Health and Developmental Disabilities], along with our health care peers, has been navigating workforce challenges for several months now,” Ruppersburg said. “Our workforce shortages are exacerbated by the additional demands of quarantine units, when needed as a result of the Delta variant, and the increase in demand for behavioral health crisis services nationwide.”

    In August 2019, Georgia’s state psychiatric hospital averaged about 15 psychiatric care beds out of service. This August, it lost an average of 99 beds.

    12-waiting-room
    The loss of capacity at state hospitals comes at the same time that demand has increased. In June, crisis referrals from the Georgia Crisis and Access Line rose 31 percent over the same month in 2020. This increase in referrals came at a time when nursing shortages resulted in a 10 percent reduction of available beds in behavioral health crisis centers and crisis stabilization units across the state.

    A legislative committee has been reviewing Georgia’s civil commitment rules. This spring, the Georgia Behavioral Health Reform and Innovation Commission suggested changes to the state’s legal standards.

    “This unreasonably high bar forces families and caregivers to postpone intervention until it appears that tragedy is on the verge of striking, even when it is obvious to all that the individual is in crisis and heading swiftly and inevitably to that point,” the panel wrote. “Forcing people to get worse before they can get help defies copious research demonstrating that the longer severe mental illness remains untreated, the lower the person’s prospects for recovery are. Of course, it is rarely possible to intervene at the very moment that disaster is imminent. More typically, the waiting allows disaster to occur, causing needless human suffering and victimization, and often damning the individual to face serious criminal charges.”

    The panel said no legal or constitutional imperative requires “imminence” as a standard. At least 20 states recognize psychiatric deterioration as a good enough reason to hospitalize someone without their consent.

    “Under the current law, the potential harms recognized as important enough to warrant intervention are, by definition, those that involve serious physical injury or death,” the panel wrote. “Unfortunately, this disqualifies many individuals in mental health crisis who may not be facing obvious external dangers, but who are powerless due to loss of insight (ability to recognize their own illness and need for treatment) to volunteer for care and protect their minds from harm that could be irreparable in the absence of timely medical aid.”

    13-milledgeville

    Georgia’s history with mental health care is a literal horror story.

    The state famously warehoused patients for most of the last century in ways that led parents to threaten their children with a trip to Milledgeville if they misbehaved. Today Georgia is under a federal consent order that requires the state to provide housing to people with serious and persistent mental illnesses who meet criteria laid out in the court settlement.

    That settlement order defines much of the state treatment that doesn’t start behind prison bars. (For every person with a serious mental illness in a Georgia state mental hospital, five are in prison.) Only recently has the Department of Behavioral Health and Developmental Disabilities begun to reach beyond the agreement to arrange for some new kinds of social services support.

    “Some of the systems have been established. For example, they’ve increased the number of [Assertive Community Treatment] teams and intensive case management teams, and they’ve created a housing program for people with severe persistent mental illness,” said Susan Walker Goico, head of Atlanta Legal Aid’s Disability Integration Project.

    Most treatment for mental illness doesn’t require hospitalization. There’s a strong legal and medical bias for treating mental health in the least restrictive way possible. At best, that would be in one’s own home on an outpatient basis. Less restrictive than that might be supportive housing or a group home with a therapist, nestled in a neighborhood.

    We don’t have enough of any of this.

    Whenever someone proposes a supportive care facility or a group home, NIMBYs lose their minds and assemble in force to block it.

    “To me, the problem is that the individuals who could benefit from all of these great services have not been reached,” Goico said. “There has not been a real concerted effort to identify people who need supportive housing and connect them to housing and community services that they need. I’m talking about, you know, people who are coming out of prisons and jails, people who are cycling in and out of the emergency department, people who are coming out of Georgia Regional Hospital, public psych hospital, off campus. So, I mean, there are a lot of problems actually making the connection for these people to the services that were created.”

    Here’s the thing: In Harmony’s case, as with most of the extreme cases around Atlanta, there’s no shortage of contact. The problem is that it’s often the wrong contact.

    14-cops-or-caseworkers

    A constellation of observers and interested parties has orbited Harmony for the last five months. Tammy Hughes, the social impact director for Central Atlanta Progress, has been demanding action from the city and county. The Atlanta Police Department employs a team of police officers specializing in homeless intervention who have been responding to calls about Harmony. Fulton County’s behavioral health department has been trying to coordinate services with Grady Health System and state hospitals about Harmony’s case for months.

    Harmony has a caseworker. Caroline Henderson, a care navigator at the Policing Alternatives and Diversion Initiative, has been regularly visiting Harmony on the street corner for months.

    Moki Macias, the initiative’s executive director, like other service providers, politely declined to comment for this story, citing patient privacy.

    PAD provides an alternative to arrest for police when encountering someone in a state of obvious distress — mental illness, extreme poverty, addiction. Instead of making yet another arrest for public intoxication or whizzing on the sidewalk or something similar, an officer can call in a caseworker from PAD to get that person shelter and social services.

    At least that’s how it’s supposed to work. Roughly 18 percent of all arrests made in the city of Atlanta are divertible, according to figures from PAD. Almost all still end in an arrest, though, because the cops cannot be bothered to engage the program, or there is an objection from the arrestee or a victim, or PAD is tied up with another case.

    I helped design PAD while I was working for Central Atlanta Progress, and I’ve counted on its staff more than once to help someone with a tough problem over the years. I have, in fact, stood in Macias’s offices next to the Greyhound station downtown screaming at hospital administrators over the phone because they wouldn’t admit someone who presented herself to me for help. And I have also watched that same person refuse to go with a Grady EMT team after an initial intervention.

    Roughly 18 percent of all arrests made in the city of Atlanta are divertible. Almost all still end in an arrest.

    The work requires the patience of an anvil. I can’t do it. My fear is that PAD can’t do it either.

    By that, I mean that while Atlanta has consistently increased funding for the initiative over the years, it has also consistently expanded PAD’s scope. With each expansion, the public officials responsible for mental health and public safety have laid more of the burden of ameliorating deep social and structural problems on Macias and her staff of 32 administrators, care navigators, and harm reduction specialists.

    PAD workers are among the few who go under the bridges and into the woods and behind the gas stations to make actual human connections with people in profound distress. Most of the time, they are responding to a call from Atlanta 311 or police for assistance with a problem that needs a social worker more than a cop.

    Some context, for scale: PAD, as I have mentioned, has 32 employees. The Atlanta Police Department has 1,300.

    Between 3,000 and 4,000 people are experiencing homelessness in the city of Atlanta right now. About one-third of them have a serious and persistent mental illness. One-third of them have a serious drug problem. Often those two groups overlap. PAD will go out to about 40 new people on the street in a good month, enrolling a dozen or so into its care.

    The city of Atlanta relies on outreach from a handful of caseworkers at Intown Collaborative Ministries to reach chronically homeless people as well. (I have served on that organization’s board since 2016.) The state supplements this outreach with 10 three-person teams through Projects for Assistance in Transition from Homelessness.

    “PATH has often been seen as the primary homeless outreach resource in Atlanta when other programs and funding exist for outreach to individuals experiencing homelessness, including individuals with severe mental illness,” Ruppersburg said. “PATH represents an integral part of a larger puzzle.”

    PATH teams are also supposed to be in the field, building relationships and connecting people with mental illnesses to housing. In practice, that has diminished substantially since the beginning of the pandemic.

    PATH contacted about 20 percent fewer people in fiscal year 2021 than the previous year and enrolled about 10 percent fewer people into case management services, according to figures provided by the Department of Behavioral Health and Developmental Disabilities. Given the 31 percent increase in crisis contacts, those numbers suggest that we’re not imagining things when we look onto the street and find more despair than we used to.

    “Each agency has different staffing patterns which may reduce the ability to provide active field work to encampments,” Ruppersburg said. “We have PATH agencies/teams where three-quarters of the staff has been out of office due to Covid during some period during the pandemic. PATH teams have always had collaborative relationships with stakeholders and community partners providing homeless outreach.”

    Statewide, about 1,547 people receive psychiatric case management through PATH. Half of the state’s PATH teams serve metro Atlanta. That means PATH serves about six times as many people as the pre-arrest diversion program.

    Consider that PAD is on track to increase its caseload by about 100 clients this year. That’s roughly the same number of clients that PATH teams lost in metro Atlanta over the same time.

    Far too many people in positions of authority are pointing to PAD as a sign of their police reform credentials and the salvation of serious community problems, while PAD is scrambling to serve the unrelenting avalanche of need around us amid structures that do not work.

    17-street

    I got a call from a Chicago number Thursday night from a woman squatting at a boarded-up house owned by Morehouse College. She had told me a few days earlier that in the course of survival sex work she had been raped repeatedly at the property. I wrote about it. Morehouse responded by sending workers to throw the squatters’ food and clothing in the back of a truck and bulldozing the tent encampment across the street.

    All pretensions aside about social justice at the school that Martin Luther King Jr. attended, Morehouse has been acquiring nearby properties for 20 years in a neighborhood that has tumbled into despair and neglect, the better I think for the college to buy up land cheaply. They are not playing nice here.

    Morehouse hit the squatters after dark, impeding news cameras and complicating any kind of social services relief. PAD stops taking calls at 7 p.m. Atlanta’s largest shelter, the Gateway Center, stops intake midday, as does Atlanta Mission. Only the Salvation Army shelter might take someone without special dispensations from social services managers, and they restrict people to 10 days of care a year without enrollment in a program.

    I made some phone calls and wrangled an after-hours bed at a women’s shelter. But in the time it took to drive across town, she had disappeared.

    Such is the system that left Harmony on a street corner. Harmony’s needs are diverse and unusual. The woman I hoped to help Thursday had common problems. Anyone trying to escape a beating from a drunken spouse might run into the same situation I did Thursday night on a rough block in south Atlanta, with everything that works closed for business. A functional system would not depend on personal connections to find help. It would have flexibility. It would be able to adapt.

    Now consider how this system will react when 25,000 more people show up looking for help.

    I fear what happens as the eviction moratoriums end and the piles of furniture left on sidewalks grow. Atlanta’s poor have long faced housing insecurity. Roughly one out of six households in the city had an eviction filing on their record before the pandemic. In the month after the Supreme Court struck down the federal eviction moratorium in September, landlords in Atlanta’s five-county region filed more than 11,000 evictions, according to the Atlanta Regional Commission. That’s actually fewer than the same month in 2019, but the pace is accelerating.

    According to the Atlanta Journal-Constitution, landlords filed about 100,000 evictions during the pandemic, moratorium be damned. Some went through because tenants didn’t really know their rights or because they had violated lease agreements. But courts simply placed many evictions on hold.

    Until now.

    About 62 percent of Georgians believe they may be foreclosed on or evicted in the next two months for being behind on payments, according to a U.S. Census Bureau survey conducted last month. It is by far the highest percentage in the United States.

    There aren’t actually enough marshals to process all of the evictions that are coming. People will be forced from their homes in fits and spurts. Many residents will look for relief from Georgia’s Department of Community Affairs, which has a $1 billion allocation for emergency rental assistance from the federal government.

    Good luck.

    After eight months with cash in hand, the department had spent about 9 percent of its money. The federal government is probably going to claw some of the remaining cash back.

    Almost none of the people knocking on the Department of Community Affairs’ door have Harmony’s problems. They’ll have different problems. And when those problems don’t neatly fit into existing lanes for help, people will fall through the cracks. The sheer scale of need will turn those cracks into chasms. I can’t tell how many new faces will be competing with Atlanta’s familiar faces for help.

    We need to get better at providing assistance to people in need, fast.

    Illustrations: Matt Huynh for The Intercept

    The post Atlanta’s Mental Health Problem — and Ours appeared first on The Intercept.

    This post was originally published on The Intercept.

  • Jury Selection Begins In Ahmaud Arbery Murder Trial

    Ruthie Freeman demonstrates for justice for Ahmaud Arbery at the Glynn County Courthouse on Oct. 18, 2021, in Brunswick, Ga.

    Photo: Sean Rayford/Getty Images

    Are all white people who use the N-word racists?

    Do you believe that anyone who opposes the Black Lives Matter movement is a racist?

    Is the Confederate flag a symbol of racism?

    The legal team defending the trio of white men accused of murdering Ahmaud Arbery, a 25-year-old Black man, last year in south Georgia would like to know how potential jurors answer these questions.

    Jury selection began Monday in an effort to choose 12 jurors and four alternates out of 1,000 people in Glynn County called to serve. The county court commandeered a Brunswick, Georgia, recreation center to begin screening potential jurors, shuttling them in batches of 20 to the courthouse.

    The process is excruciatingly slow, leading Superior Court Judge Timothy Walmsley to complain about how long he can hold people while defense attorneys and the prosecution pore over the answers to their questions from prospective jurors. Twelve of the first 20 potential jurors were dismissed for cause, while five of the second 20 have so far been dismissed, with more intensive questioning to come.

    Arbery’s death at the hands of former police officer Gregory McMichael, his son Travis McMichael, and their neighbor William “Roddie” Bryan amplified protests for racial justice across the country last year when a video emerged of Arbery being shot while jogging. The initial failure of local police and prosecutors to arrest the men now on trial led to criminal charges for the former Glynn County district attorney and a major overhaul of the county police leadership.

    It also led to deep, long-lasting media attention on Glynn County and race. Glynn lies on the coast between Jacksonville, Florida, and Savannah, Georgia, a racially mixed community defined by the contrast between its working-class roots and the exclusive wealth of St. Simons Island.

    Possible jurors easily confessed to being influenced by the intense media coverage of the case, and several know one or more of the defendants personally. Under close questioning, the depth of the revulsion some in the juror pool have for the three accused white men became clearer. More than one said they could not fairly consider the men’s guilt or innocence and have been cut from the panel.

    At the core of the jury selection is a fundamental, difficult question: Given the racial Rorschach test that is the Arbery death, how do you find jurors who can lay aside their impressions of the case long enough to come to a fair decision?

    The defense’s questions, most of which were thrown out by the judge, were designed to identify jurors who “view this case through a prism of a race-motivated killing,” Gregory McMichael’s defense attorney Franklin J. Hogue said during a break in jury questioning. If a juror has formed a “fixed and definite opinion” — a specific legal term for jury selection purposes — on what the case is about, it can be cause to remove the juror from the pool without using one of the defense’s precious 24 peremptory challenges. That’s happened a few times so far, even among the first tranche of 20 out of the 1,000 potential jurors.

    The defense’s questions would have effectively allowed many, if not most, Black potential jurors to be excluded for cause — an anti-racist bias strong enough to prejudice a juror — that may correlate strongly with the race of that juror. That said, antipathy toward the defendants appears to cut across race, in part because of the media reaction to Arbery’s killing that sprouted up when the state initially failed to act.

    “We do know that race is an issue in this case,” Hogue said. “The vast majority of media coverage characterized the defendants as white racist murderers.”

    Defense attorneys initially wanted to bar reporters from jury selection entirely. It’s one thing to tell your buddy at the bar that you might be a little racist, their thinking went. It’s another to say so in an open courtroom in front of a bunch of journalists. The court has taken steps to ensure the anonymity of the jurors, but that’s not likely to completely eliminate the social pressure to reject racism in public.

    After howling protests from First Amendment advocacy organizations and media lawyers, the defense scaled back their request, with Hogue asking the court today to exclude observers when jurors were asked questions of a “very sensitive and private nature.”

    After discussion, Hogue withdrew the N-word question from his list of jury questions, and Walmsley struck down most of the other questions that closely probed racial bias.

    Most, but not all. When Hogue asked one of the jury pools who among them were supporters of the Black Lives Matter movement, five raised their hands. The same five raised their hands when asked if they believe that people of color are treated unfairly by the criminal justice system. Three agreed with the statement that the old Georgia state flag, which incorporated the Confederate battle emblem, is a symbol of racism.

    Five years ago, the U.S. Supreme Court found in Foster v. Chatman that Georgia prosecutors had impermissibly used race as a criteria for striking potential jurors in voir dire. Prosecutors in the death penalty trial left fairly obvious evidence of their intentions in their notes, coding and ranking jurors by race. A long-standing precedent, Batson v. Kentucky, makes it unconstitutional for prosecutors to throw out jurors on the basis of race. No similar precedent stands for defense attorneys doing the same thing.

    The judge has yet to rule on a question about whether the jury will be allowed to see a picture of Travis McMichael’s truck, which uses a vanity license plate bearing the old state flag. The legal question is whether showing the plate with the flag would prejudice the jury by leading them to believe that the McMichaels are racists for displaying it.

    A crowd of about 100 people sat in vigil on the courthouse lawn while jury selection commenced. Some had traveled from as far as New York City and Philadelphia. Arbery’s family has been central to the demonstrations of support for the prosecution.

    “His heart was bigger than his whole life was,” said Arbery’s father, Marcus Arbery Sr., at a teach-in next to the courthouse. Justice, in his mind, requires change — as well as a guilty verdict. Marcus Arbery reflected on his son’s strength and warrior spirit in the face of “a lynching,” describing him as “a warrior.” The trial is going in the right direction now, he said. “They see all the wrongdoing they did, and all the evidence points to murder.”

    Watching arguments in an observer overflow room, Arbery’s aunt Thea Brooks shook her head at it all.

    “Does any of this surprise you?” she asked as we left the courthouse. “What would you expect?”

    The post Attorneys Defending Ahmaud Arbery’s Accused Killers Want to Know Jurors’ Views on Race appeared first on The Intercept.

    This post was originally published on The Intercept.

  • Dontavius Mint’s mother says her son had been dead in his cell for days when the smell finally attracted attention. Guards at Ware State Prison in Georgia are supposed to check on people in the hole regularly. Of course, they’re supposed to be doing a lot of things they’re not doing right now.

    That’s the message Mintz had been trying to tell people outside prison. Mintz, a 24-year-old serving a life sentence, had been working with a prison reform activist group, the Human and Civil Rights Coalition of Georgia. In letters and phone calls, Mintz had described the deteriorating condition of the South Georgia penitentiary, the shortage of guards, the increasingly inedible food, the extreme restriction on movement, and more, said Brian Randolph, a spokesperson for the coalition.

    And then Mintz turned up dead last week.

    His mother, Nerissa Wright, said people incarcerated at the prison first told her that Mintz was found face down, blood coming from his mouth and nose. A few hours later, she said, prison staff called with the same message but added that the cause of his death was undetermined and that it would take weeks for a toxicology screen to come back and a cause ruling made. No explanation was made to Wright of the staffing shortfall that would have left her son unmonitored for days at a time, she said.

    “[The warden] said he didn’t have much information for me and that I can call the coroner,” said Wright. (A spokesperson for the Georgia Department of Corrections told The Intercept in a statement, “While details of the death are still under investigation, documents show that rounds were being made.”)

    What is clear is that the prison system in Georgia is broken, even by our country’s benighted standards. According to figures from Randolph, as of August 22, 19 people have been killed in a Georgia state prison this year. The cause of another 24 deaths remains undetermined, but undetermined deaths are almost always classified later as homicides, said Randolph. “There’s going have to be some type of federal intervention. No one is willing to fix it. And I’m starting to wonder if, you know, they threw their hands up in the air and just said, ‘Maybe somebody can take it over and fix it,’” he said.

    In 2017, the Georgia Department of Corrections reported four homicides. Last year, it reported 26.

    Fewer guards make it harder to monitor interpersonal problems between people in prison — and more dangerous to step in. Those conditions lead to stabbings like one captured on video by people imprisoned at Ware State Prison earlier this year, in which a hooting and chanting group ganged up on an incarcerated person for a merciless beating.

    Without staff to watch incarcerated people, the imprisoned are oftentimes warehoused in their cells for weeks at a time. This approach is turning Georgia’s prisons into a murder factory.

    Guarding the imprisoned wasn’t a particularly attractive job before the pandemic. Broad labor shortages have turned the $16.50 per hour starting wages for a Georgia correctional officer into a 44 percent turnover rate with hundreds of unfilled jobs. As some guards leave, others look at the conditions — and the risks — and leave as well, creating a cascade of attrition. Prisons across the state are operating with as little as one-quarter of the necessary staffing now. In some cases, a single guard might be left to watch dozens of people.

    On August 11, the one-year anniversary of Ware State Prison’s last riot, a dispute over food led to two correctional officers being stabbed by a person incarcerated at the prison. One of the guards, Julian Rector, remains in a coma.

    That same day, Jamari Charell McClinton, an incarcerated person from Decatur, had been knifed to death by another person imprisoned at Baldwin State Prison.

    After the Baldwin State murder, police and correctional department staff interrogated people held at the prison. One of them apparently described the assault and named the perpetrators. Afterward, rather than segregate that person, he was returned to a shared cell.

    That witness, Badarius Clark, was murdered last week. Police arrested his cellmate for the crime.

    “You don’t put him in any type of protective custody or anything by itself. You put him in a room with a roommate,” said Randolph of the Human and Civil Rights Coalition. “You know, like, at this point … it’s starting to look is the negligence is just intentional.”

    “At this point … it’s starting to look is the negligence is just intentional.”

    The federal prison system is not faring much better in Georgia. Administrators emptied Atlanta’s federal penitentiary a few weeks ago after an internal investigation revealed massive corruption within the ranks.

    But the Georgia Department of Corrections is even more astoundingly unresponsive. Inquiries, when answered at all, take days for terse replies. The families of those who have lost loved ones say they receive less response than that.

    “They’ve been very evasive with me,” said Jennifer Bradley, whose son Carrington Frye was murdered by a cellmate last year. “[Georgia Department of Corrections] Commissioner [Timothy] Ward was insensitive. He abruptly ended the call, did everything but hang up in my face. His only concern was how did I get his number.”

    Bradley described how her son “lay there for 30 to 40 minutes waiting for them to get him assistance, and they didn’t. They had one guard monitoring all those inmates.” The cameras had been smeared with petroleum jelly, leaving the guard room blind, she said. “He was doomed.”

    The post The Georgia Prison Guard Shortage Is Killing Incarcerated People appeared first on The Intercept.

    This post was originally published on The Intercept.

  • “Slavery is not just something that just happened with the people who were white to people who were Black,” said Lisa Kinnemore, a member of Georgia’s state board of education, as it deliberated a resolution on Thursday restricting classroom discussion of racism. “Black people were actually slaves to Black people. It goes all the way to back even to ancient times, slavery in Egypt and Rome and all around the world.”

    This sentiment — an explicit rejection of the horrors of American slavery and its roots in white supremacy — underpinned the 11 to 2 vote by the board to adopt a resolution to provide a framework for policy revisions on the teaching of race and sex in Georgia’s classrooms.

    Kinnemore’s comments left Jason Esteves, chair of the Atlanta Public Schools Board of Education, momentarily speechless as discussed the vote with The Intercept shortly after the meeting.

    “Look, this won’t impact [Atlanta Public Schools],” he said. “We’re going to keep doing what we’re doing. This will have an effect on counties that are more conservative, that were still making moves toward equity and inclusion.”

    Parents — mostly white — have been storming school board meetings across the state over the last few weeks, heeding a call by conservative demagogues to fight against “critical race theory” being taught in schools. Gov. Brian Kemp wrote a letter to the state board of education last month, calling critical race theory a “divisive, anti-American agenda” which “has no place in Georgia classrooms.” Kemp echoes a wave of protests across the country over the last two months, from rich Virginia suburbanites launching a campaign to oust the state school board to a disrupted meeting in Scottsdale, Arizona, with parents protesting mask mandates — unmasked, of course — along with critical race theory.

    In practice, these white parents haven’t been railing against the arcane legal theory but against the idea that students should be taught that racism is a real, current problem created by longstanding structural inequality. Local school board meetings have devolved into vitriolic shouting matches, with boards looking for ways to control public comment afterward.

    The board drafted the resolution without public input and then blocked comments from the YouTube livestream. Impassioned pleas, it seems, are fit only for those on one side of this argument.

    “Eventually what they want is for people not to talk about it any more.”

    “There was so much energy and excitement behind, finally, making some movement toward those issues,” Esteves said. “We’re now seeing a complete reversal. The state board of education just took away their cover and gave opponents a weapon to use against those efforts. Eventually what they want is for people not to talk about it any more.”

    About three out of five of Georgia’s public school students are children of color. Demography projects Georgia will become a majority-minority state within the next decade. But even as Republicans continue to argue against the legitimacy of the November election, the political reality remains: a purple state on the knife’s edge of flipping permanently Democratic because it has run out of racially resentful white voters.

    Kemp and others have begun to implicitly draw a connection between the eroding defense of white supremacy among white voters and their own political futures by describing anti-racist education initiatives as inherently political. Basically, they’re saying the quiet part out loud.

    Take Kinnemore, for example. Then-Gov. Nathan Deal appointed Kinnemore to the board in 2013 after her kamikaze run against a well-respected local Democratic legislator in DeKalb County.

    Kinnemore, who is Black, lives about a mile due south from my house, in a community that is about 90 percent Black, in the shadow of the largest memorial to the Confederacy in America. I note in passing that the keepers of the Stone Mountain carving have been open to recontextualizing the monument despite the wailing of Lost Cause revisionists, because the redolent racism of the carving’s history is noxious. Those white supremacists are Kinnemore’s audience. Her political existence is a 4Chan-style trolling operation designed to elicit pain from Black parents for the amusement of white supremacists.

    Her appointment is in no way an attempt to build support for conservative politics among nonwhite voters. Republicans do not have a plan for that here. Instead, they hope to preserve the racial biases of young white voters intact as long as they can, staving off losses as older white conservatives die and younger ones change after contact with the real world.

    The resolution contains language barring instruction in ways that suggest that racism is acceptable. But it also says the state school board believes that no teacher, administrator, or other school employee should offer instruction suggesting that “meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a members of a particular race to oppress members of another race; (or) that the advent of slavery in the territory that is now the United States constituted the true founding of the United States; or that, with respect to their relationship to American values, slavery and racism are anything other than deviations from, betrayals of, or failures to live up to, the authentic founding principles of the United States, which include liberty and equality.”

    How one teaches the political dimension of slavery on the crafting of the Constitution, with the three-fifths compromise, the ramifications of the Civil War, the lingering effects of Jim Crow, the Trail of Tears and the reservation system, turn of the century anti-Asian discrimination, the civil rights movement, and the many, many other facets of white supremacist ideology on America is a lesson left to the reader’s imagination.

    The resolution does not itself impose standards for the state’s schools, Georgia education board chair Scott Sweeney said. “It does not mention critical race theory per se. This is not something going directly after critical race theory. What it is trying to do is draw a distinction between divisive ideologies in finding their way into standards. This is a foundational statement more than anything else. With regard to divisiveness, for example, can you imagine any supremacist ideology making its way into standards? I cannot. So, this is agnostic with regard to those types of divisiveness.”

    The nature of racism today is what is left unsaid and unexamined. One has to assume there is no white supremacist ideology baked into the current curriculum for his statement to be considered true.

    The board’s vote drew swift condemnation.

    The nature of racism today is what is left unsaid and unexamined.

    “The prohibitions outlined in the resolution would undermine Holocaust education in Georgia,” said Allison Padilla-Goodman, vice president of the southern division at the Anti-Defamation League. “Indeed, it could prohibit teaching that the Nuremburg laws were taken from Jim Crow America. The resolution is fundamentally contradictory. It claims to respect First Amendment rights and strongly encourages educators, who teach about controversial public policy or social affairs issues, to explore them from diverse and contending perspectives. Yet, the resolution clearly would prohibit a teacher or student from talking about systemic racism or inequity in America. And the resolution is so vaguely written that it undoubtedly will come under constitutional challenge and may suffer the same fate as President Trump’s divisive concepts executive order.”

    “Discussions about race and its place in our history and in current events are an important part of education and one that Georgia educators will continue to address,” added Craig Harper, executive director of the Professional Association of Georgia Educators. “The non-binding resolution adopted at a special called session of the State Board of Education does not prohibit educators from continuing to teach and discuss all aspects of our history as they do now. The board members’ conversation highlighted the importance of including more people and perspectives. Our many communities and educators, who have valuable insights and expertise, must work together to determine how Georgia will address these critical issues moving forward.”

    Esteves expects teachers to gear up for a fight.

    “Teachers can speak out and talk about how this limits their ability to have really important conversations in their classrooms,” he said. “School boards can affirm their commitment to equity and inclusion. They can resist any efforts to disrupt or pause equity initiatives.”

    The post Georgia Board of Education Votes to Censor American History appeared first on The Intercept.

    This post was originally published on The Intercept.

  • ATLANTA, GA - MARCH 17: Mayor Keisha Lance Bottoms speaks during a press conference on March 17, 2021 in Atlanta, Georgia. Suspect Robert Aaron Long, 21, was arrested after a series of shootings at three Atlanta-area spas left eight people dead on Tuesday night, including six Asian women. (Photo by Megan Varner/Getty Images)

    Mayor Keisha Lance Bottoms speaks during a press conference in Atlanta, Ga., on March 17, 2021.

    Photo: Megan Varner/Getty Images


    Atlanta is engaged in a very public argument about how to fight rising crime. The mayor’s approach is to barricade the doors to the public and deliberate in secret.

    The “Anti-Violence Advisory Council” named last week by Mayor Keisha Lance Bottoms has been structured to evade Georgia’s strict Open Meetings Act rules for public observation. The only people who heard Bottoms address the 13-person working group on Wednesday were hand-picked members and city staff.

    Bottoms has relied on similar working groups in the past, like one convened in the wake of protests last summer. Some of the recommendations of that group later became city policy. Former U.S. Deputy Attorney General Sally Yates is the highest profile member of the group, which also includes UPS CEO Carol Tomé, a juvenile judge, a retired police chief, city council members, and community activists.

    Members speaking about Wednesday’s meeting said on background that the mayor addressed the group briefly, then the group dove into a discussion of the problem and an overview of crime statistics led by the city’s police chief, Rodney Bryant. An intense question-and-answer session followed with a focus on youth crime and gang crime.

    Bottoms announced that she would not be running for reelection earlier this month, an astonishing concession widely attributed to the challenge of running during a record-setting crime wave. Homicides have increased 85 percent year over year as of two weeks ago: 52 deaths since the start of the year, with six killings since Friday alone. Violence has been particularly lethal; aggravated assaults have also increased, but only by about 25 percent, while gun violence has increased more than 50 percent.

    State government has begun to intervene. At the end of the legislative session two months ago, Georgia House Speaker David Ralston announced a study committee on Atlanta crime, holding out the possibility that the state police would take over the city’s public safety. The legislature also passed legislation prohibiting large municipalities — looking at you, Atlanta — from defunding the police by capping reductions in police spending to a maximum of 5 percent per year. Of late, the Georgia State Patrol has been working with the Atlanta Police Department and others to crack down on street racing, reversing city policies against car chases in the process. Three people have been killed while police chased suspects since then. None of the three were drivers of vehicles being chased.

    The city has said it plans to fight rising crime with a mix of policies, issuing a crackdown on nuisance properties, gangs, and street racing, as well as expanding surveillance technology. The city announced it would start a trial of ShotSpotter technology, which locates gunfire acoustically. The city also plans to spend millions to build a new police training academy.

    Bottoms’s working group provides the political benefit of shifting responsibility for decisions to a council of largely unelected, politically unaccountable outsiders.

    Any changes to public safety policies vibrate with political tension. There’s value in convening the political equivalent of a grand jury to examine a public problem — in fact, actual grand juries have been used in just that way to positive effect across Georgia over the years. Bottoms’s working group also provides the political benefit of shifting responsibility for decisions to a council of largely unelected, politically unaccountable outsiders. Bottoms will be able to say that she followed its policy recommendations, absolving herself of criticism if they come at the expense of her political allies.

    Progressive activists who helped elect Bottoms over Mary Norwood — a relatively conservative former city council member from Atlanta’s wealthy Buckhead neighborhood — have won criminal justice reforms like the end of cash bail for minor offenses, the establishment of a pre-arrest diversion initiative, and the implementation of body-worn cameras and use-of-force protocols. They’ve expected even more, like the permanent closure of Atlanta’s mostly empty municipal jail, to be reimagined as a community center.

    They fear that demagogues will hang rising crime numbers on these reforms and not on the underlying conditions in the city.

    Atlanta is the most economically unequal city in America, according to one Bloomberg analysis, with rising rents outstripping incomes even before the pandemic. Housing instability can contribute to violence. The killing of Rayshard Brooks by an Atlanta police officer amid the broader protests against police brutality — and the subsequent sickout by cops over the arrest of officer Garrett Rolfe on a murder charge — deeply damaged the department’s relatively strong relationship with the public.

    Atlanta is also a center for the music industry, which may be part of the problem. While most of America’s nightlife shut down during the pandemic, Atlanta’s clubs largely remained open, due in part to the permissive policies of Georgia Gov. Brian Kemp. Downtown parking lots are filled with out-of-state cars, while the nightclubs have often been the scene of violence.

    Combine this with equally permissive gun laws and a related gang problem. The Fulton County district attorney earlier this month uncorked a massive anti-racketeering indictment against rapper YFN Lucci and 11 others. The RICO indictment described YFN Lucci, whose given name is Rayshawn Bennett, as a Bloods gang leader and argued that Atlanta is the battlefield for a rap gang war with a Rollin’ 60s Crip set indirectly linked to massively popular rappers Young Thug and Gunna.

    The policy prescription for these problems, if they are to be solved and not simply acted upon, is likely to be complex and require a long-term focus. But Bottoms charged the working group to make recommendations within 30 to 45 days, which reflects the political urgency of the moment.

    There are a few things that can be done — and are being done — more or less immediately. The city can treat nightclubs as nuisance properties and shutter them after a shooting. Doing so will almost certainly result in lawsuits, but a protracted court case is a better problem than the drumbeat of violence. A crackdown on street racers appears to be counterproductive targeting of a nuisance crime unless it is tied tightly to a focus on visitors exploiting the city’s licentious setting, which is what has turned downtown Atlanta into turf war territory for gangs serving drugs tourists.
    But the biggest problem is broken trust. Swaths of the public no longer trust police to be effective, neutral arbiters of justice. That won’t be solved with police ride-alongs or public relations campaigns. Rayshard Brooks’s death is a bone-deep wound on the body politic. And there’s nothing a commission created with a 45-day mandate can do to heal that wound faster.

    The post Atlanta Mayor Punts Crime Fighting to Secret Committee appeared first on The Intercept.

    This post was originally published on The Intercept.

  • State Rep. Park Cannon is placed into the back of a patrol car after being arrested by Georgia state troopers at the Georgia Capitol in Atlanta on March 25, 2021.

    Photo: Alyssa Pointer/Atlanta Journal-Constitution via AP

    State Rep. Park Cannon probably didn’t expect to be arrested for knocking on a door in the Georgia Capitol. Never mind how innocuous the act: There’s a state law about such things. Georgia’s constitution specifically bars the arrest of a legislator “during sessions of the General Assembly, or committee meetings thereof, and in going thereto or returning therefrom, except for treason, felony, or breach of the peace.”

    Apparently knocking on a door constitutes a felony. Two, actually: obstruction of a police officer and disrupting a session of the General Assembly. Video from the arrest is going viral.

    At least, the Capitol police found a way to charge her with these felonies as five of them hauled her away from the door, behind which Gov. Brian Kemp was busy signing legislation that opponents have likened to the worst abuses of Jim Crow.

    “The only thing that’s missing out of this voting bill is a poll tax and the question of how many bubbles in a bar of soap and how many jelly beans in a jar,” said Richard Rose, president of the Atlanta NAACP, waiting in the rain under a tornado watch at the Fulton County Jail for Cannon’s release. Behind us, two dozen activists were chanting “No Park, no peace” at mildly irritated deputies.

    “I’ve been here before and done this before,” said Cannon’s attorney Gerald Griggs, an anti-racist activist who tends to be the person extracting other activists out of jail in Atlanta. The charges have no merit, he said. “I fully expect that Park Cannon’s name will be cleared.”

    Senate Bill 202, now law, requires the use of a state ID to verify identity for an absentee ballot, which might be the least problematic provision. Absentee ballots will only be able to be dropped off during regular business hours at early voting locations. Coupled with strict legal limits on who can drop off a ballot, it effectively makes the use of the drop boxes impossible for people who work nontraditional hours.

    While weekend early voting expanded under the law, the overall period of early voting was contracted. The law also allows the State Election Board to remove local election board officials for violations, replacing them with a state-appointed superintendent. Because larger jurisdictions like Atlanta have more voters, otherwise-competent administrators are more likely to err in violation simply as a matter of volume. The provision is a legal fig leaf for a state takeover of city elections.

    “This is clear voter suppression, clear racism, a clear manifestation of white supremacy. Georgia is going backwards instead of forwards.”

    In an effervescent finishing splash of absurd cruelty, the law makes giving food and water to people standing in line to vote a felony.

    “This is clear voter suppression, clear racism, a clear manifestation of white supremacy,” Rose said. “Georgia is going backwards instead of forwards. To them, the Civil War is still going on and this is how they’re fighting it.”

    U.S. Sen. Raphael Warnock got on a plane from Washington, D.C., to help fish her out of jail. Last night around 11 p.m., the two emerged, flanked by progressive activists and other state legislators, to walk her to a car.

    “I’ve known Rep. Cannon for years,” Warnock said. “She’s my parishioner. She is understandably a bit shaken by what happened to her. She didn’t deserve this.”

    Cannon, 28, is a firebrand progressive representing the trendier parts of Atlanta, an LGBTQ+ icon within the city and widely considered an eventual candidate for higher office. Her star began to rise almost immediately after her election in 2016, when she won a speaking slot at the Democratic National Convention.

    I count Cannon as a friend. I’ve been barbecuing with her mother at another state rep’s house. I find her concern about homelessness in the city sincere and her understanding of the root causes deep. Like Warnock, Cannon comes from the city’s progressive protest traditions, where one expects to defy authority in the face of perceived injustice simply to make a point or extract a political cost for intransigence.

    Rather than sign the bill in the ceremonial governor’s office, Kemp had taken a nondescript conference room. “There were cops all around this conference room,” said Tamara Stevens, co-founder of No Safe Seats and an Atlanta activist working with Cannon. Stevens recorded Cannon’s arrest.

    “Reps. Cannon and Erica Thomas came down, and Park knocked on the door,” Stevens said. “She didn’t bang on the door.” Stevens began taping the moment an officer demanded that Cannon stop knocking, Stevens said.

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    State Rep. Denmark Groover leans over the balcony of the Georgia Capitol in an attempt to stop the clock in Atlanta on Feb. 22, 1964.

    Photo: Joe McTyre/Atlanta Journal-Constitution Photographic Archives

    I’d like to contrast all of this with an infamous photograph of state Rep. Denmark Groover of Macon leaning over the balcony of the Georgia Capitol in an attempt to stop the clock before it struck midnight, which signaled the end the legislative session of 1964. Groover was a Democrat in the vein of Lester Maddox and the architect of Georgia’s runoff system, designed to prevent Black voters from being political kingmakers. He faced no legal consequences for the clock stunt — even though it crashed to the floor — as he tried to prevent a reapportionment that gave Black voters more political power.

    Arresting a sitting legislator in the Capitol for anything short of firing a gun in the chamber had been thought beyond the pale, at least until police bundled then-state Sen. Nikema Williams off in handcuffs in 2018. Protesters had been demonstrating in the Capitol over irregularities in the election of Kemp over Stacey Abrams. Williams, tending to protesters, was arrested along with them, her badge plainly visible to police. At the time, she said she believed that she had been targeted by police for her activism. Then, a month ago today, a state trooper grabbed Cannon during a sit-in protest in the halls of the Capitol.

    Cannon had been at a protest of Delta Air Lines at Hartsfield-Jackson Airport when word came down that Kemp planned to sign the bill at 6:30 p.m. Cannon and others sprinted back to the Capitol, about a 25-minute drive north in rush-hour traffic.

    Warnock described House Bill 531 — a similar bill making its way through the Georgia legislature — as “desperate” and “democracy in reverse” and said that “the people aren’t asking for this.” Activists have been increasing the pressure on Georgia’s business elite to push back on the legislation, with public protests at the World of Coca-Cola and elsewhere. Threats of boycotts loom, though it’s not clear what form that might take.

    Warnock issued a challenge.

    “We need Georgia businesses to stand up,” he said. “They too are citizens of this state. I can tell you as someone who is the pastor of Ebenezer Baptist Church, where Dr. King served, that come Martin Luther King Jr.’s birthday, the corporate entities will all be falling over themselves to honor Dr. King. If you want to honor Dr. King, stand up to voter suppression right now.”

    This post was originally published on Radio Free.

  • State Rep. Park Cannon, D-Atlanta, is placed into the back of a Georgia State Capitol patrol car after being arrested by Georgia State Troopers at the Georgia State Capitol Building in Atlanta, Thursday, March 25, 2021. Cannon was arrested by Capitol police after she attempted to knock on the door of the Gov. Brian Kemp office during his remarks after he signed into law a sweeping Republican-sponsored overhaul of state elections that includes new restrictions on voting by mail and greater legislative control over how elections are run. (Alyssa Pointer/Atlanta Journal-Constitution via AP)

    State Rep. Park Cannon is placed into the back of a patrol car after being arrested by Georgia state troopers at the Georgia Capitol in Atlanta on March 25, 2021.

    Photo: Alyssa Pointer/Atlanta Journal-Constitution via AP

    State Rep. Park Cannon probably didn’t expect to be arrested for knocking on a door in the Georgia Capitol. Never mind how innocuous the act: There’s a state law about such things. Georgia’s constitution specifically bars the arrest of a legislator “during sessions of the General Assembly, or committee meetings thereof, and in going thereto or returning therefrom, except for treason, felony, or breach of the peace.”

    Apparently knocking on a door constitutes a felony. Two, actually: obstruction of a police officer and disrupting a session of the General Assembly. Video from the arrest is going viral.


    At least, the Capitol police found a way to charge her with these felonies as five of them hauled her away from the door, behind which Gov. Brian Kemp was busy signing legislation that opponents have likened to the worst abuses of Jim Crow.

    “The only thing that’s missing out of this voting bill is a poll tax and the question of how many bubbles in a bar of soap and how many jelly beans in a jar,” said Richard Rose, president of the Atlanta NAACP, waiting in the rain under a tornado watch at the Fulton County Jail for Cannon’s release. Behind us, two dozen activists were chanting “No Park, no peace” at mildly irritated deputies.

    “I’ve been here before and done this before,” said Cannon’s attorney Gerald Griggs, an anti-racist activist who tends to be the person extracting other activists out of jail in Atlanta. The charges have no merit, he said. “I fully expect that Park Cannon’s name will be cleared.”

    Senate Bill 202, now law, requires the use of a state ID to verify identity for an absentee ballot, which might be the least problematic provision. Absentee ballots will only be able to be dropped off during regular business hours at early voting locations. Coupled with strict legal limits on who can drop off a ballot, it effectively makes the use of the drop boxes impossible for people who work nontraditional hours.

    While weekend early voting expanded under the law, the overall period of early voting was contracted. The law also allows the State Election Board to remove local election board officials for violations, replacing them with a state-appointed superintendent. Because larger jurisdictions like Atlanta have more voters, otherwise-competent administrators are more likely to err in violation simply as a matter of volume. The provision is a legal fig leaf for a state takeover of city elections.

    “This is clear voter suppression, clear racism, a clear manifestation of white supremacy. Georgia is going backwards instead of forwards.”

    In an effervescent finishing splash of absurd cruelty, the law makes giving food and water to people standing in line to vote a felony.

    “This is clear voter suppression, clear racism, a clear manifestation of white supremacy,” Rose said. “Georgia is going backwards instead of forwards. To them, the Civil War is still going on and this is how they’re fighting it.”

    U.S. Sen. Raphael Warnock got on a plane from Washington, D.C., to help fish her out of jail. Last night around 11 p.m., the two emerged, flanked by progressive activists and other state legislators, to walk her to a car.

    “I’ve known Rep. Cannon for years,” Warnock said. “She’s my parishioner. She is understandably a bit shaken by what happened to her. She didn’t deserve this.”

    Cannon, 28, is a firebrand progressive representing the trendier parts of Atlanta, an LGBTQ+ icon within the city and widely considered an eventual candidate for higher office. Her star began to rise almost immediately after her election in 2016, when she won a speaking slot at the Democratic National Convention.

    I count Cannon as a friend. I’ve been barbecuing with her mother at another state rep’s house. I find her concern about homelessness in the city sincere and her understanding of the root causes deep. Like Warnock, Cannon comes from the city’s progressive protest traditions, where one expects to defy authority in the face of perceived injustice simply to make a point or extract a political cost for intransigence.

    Rather than sign the bill in the ceremonial governor’s office, Kemp had taken a nondescript conference room. “There were cops all around this conference room,” said Tamara Stevens, co-founder of No Safe Seats and an Atlanta activist working with Cannon. Stevens recorded Cannon’s arrest.

    “Reps. Cannon and Erica Thomas came down, and Park knocked on the door,” Stevens said. “She didn’t bang on the door.” Stevens began taping the moment an officer demanded that Cannon stop knocking, Stevens said.

    default-2

    State Rep. Denmark Groover leans over the balcony of the Georgia Capitol in an attempt to stop the clock in Atlanta on Feb. 22, 1964.

    Photo: Joe McTyre/Atlanta Journal-Constitution Photographic Archives

    I’d like to contrast all of this with an infamous photograph of state Rep. Denmark Groover of Macon leaning over the balcony of the Georgia Capitol in an attempt to stop the clock before it struck midnight, which signaled the end the legislative session of 1964. Groover was a Democrat in the vein of Lester Maddox and the architect of Georgia’s runoff system, designed to prevent Black voters from being political kingmakers. He faced no legal consequences for the clock stunt — even though it crashed to the floor — as he tried to prevent a reapportionment that gave Black voters more political power.

    Arresting a sitting legislator in the Capitol for anything short of firing a gun in the chamber had been thought beyond the pale, at least until police bundled then-state Sen. Nikema Williams off in handcuffs in 2018. Protesters had been demonstrating in the Capitol over irregularities in the election of Kemp over Stacey Abrams. Williams, tending to protesters, was arrested along with them, her badge plainly visible to police. At the time, she said she believed that she had been targeted by police for her activism. Then, a month ago today, a state trooper grabbed Cannon during a sit-in protest in the halls of the Capitol.

    Cannon had been at a protest of Delta Air Lines at Hartsfield-Jackson Airport when word came down that Kemp planned to sign the bill at 6:30 p.m. Cannon and others sprinted back to the Capitol, about a 25-minute drive north in rush-hour traffic.

    Warnock described House Bill 531 — a similar bill making its way through the Georgia legislature — as “desperate” and “democracy in reverse” and said that “the people aren’t asking for this.” Activists have been increasing the pressure on Georgia’s business elite to push back on the legislation, with public protests at the World of Coca-Cola and elsewhere. Threats of boycotts loom, though it’s not clear what form that might take.

    Warnock issued a challenge.

    “We need Georgia businesses to stand up,” he said. “They too are citizens of this state. I can tell you as someone who is the pastor of Ebenezer Baptist Church, where Dr. King served, that come Martin Luther King Jr.’s birthday, the corporate entities will all be falling over themselves to honor Dr. King. If you want to honor Dr. King, stand up to voter suppression right now.”

    The post Jim Crow Tactics on Full Display in Georgia as Black Legislator Arrested for Knocking on a Capitol Door appeared first on The Intercept.

    This post was originally published on The Intercept.

  • ATLANTA, GA - DECEMBER 14: Voters wait in a long line to vote at the Buckhead library in Atlanta on the first day of In-person early voting for the Georgia Senate runoff election on Monday, Dec. 14, 2020 in Atlanta, GA. (Jason Armond / Los Angeles Times via Getty Images)

    Voters wait in a long line on the first day of in-person early voting for the Georgia Senate runoff election in Atlanta on Dec. 14, 2020.

    Photo: Jason Armond/Los Angeles Times via Getty Imag

    “We just celebrated Bloody Sunday, and we’re fighting the same battles,” said Helen Butler, executive director
    of the Georgia Coalition for the People’s Agenda, likening the legislative changes advancing through the Georgia General Assembly to civil rights-era trickery.

    Georgia’s Republicans lost a game of inches in the elections in November and January. Rather than admit to themselves that they were outworked, Republican legislators have instead decided to play with the rules.

    Some of the changes are profound. Some seem perfectly petty.

    The bill that passed the Georgia Senate on Monday night, SB 241, criminalizes “ballot harvesting” activities like helping people fill out absentee ballot applications. It also requires an applicant to either upload a picture of a photo ID or submit photocopies of an ID. In combination, the two rules create impossible conditions for some voters, Butler said.

    “How is a blind person going to upload that form into an email process and send it in?” she asked. “People don’t have copiers in rural Georgia. They don’t always have internet access. They don’t always have email or fax.”

    Absentee ballot boxes are apparently too convenient when placed outside, so now they must be indoors and only available during business hours. No more private buses would be able to take early voters to the polls.

    Other changes seem simply absurd. Consider the criminalization of line warming, the practice of offering food or drink to people standing in line to vote. It seems something awfully minor. But combine it with substantial reductions to early voting and absentee ballots and the inability for local elections boards to expand polling locations, and suddenly you have long, thirsty lines.

    Melody Bray, co-founder of the Georgia 55 Project, saw lines around the block for early voting in the primaries last year. She and some friends eventually banded together to organize relief for line-stranded voters. They partnered with local restaurants like Atlanta’s beloved Dancing Goats Coffee Bar chain, using funds from their partners to pay for the coffee rather than ask for freebies while companies are laying people off. It was grassroots civic participation. If the Senate bill is passed by Georgia’s House and signed into law, it will be illegal.

    “Amongst ourselves, we have disparate political views,” she said. “It was hard to be nonpartisan, actually. But we all love Atlanta. … I think that losers can be very bitter about losing, and winners can be very bitter about winning. It would be very hard with data to show that line warming somehow affected Republicans getting voted into office.”

    “I think it’s cruel. There’s no purpose other than trying to suppress the vote.”

    And yet in elections decided by half a percent, all it takes to win is for one in 200 people — the right people, of course — to choose comfort over democracy.

    “This is un-Christian. It’s inhumane,” Butler said. “I think it’s cruel. There’s no purpose other than trying to suppress the vote. They’re hoping that people will get out of line and not vote. People see the viciousness of this.”

    Vicious, perhaps, because many Republicans believe this is the last stand. Democrats have spent years fighting to expand voter turnout, and that’s been a major contributor to Georgia tipping blue. The midterms have been cast as an existential contest for control of the state between the probable Democratic nominee for governor, Stacey Abrams, and the survivor of a brutal Republican primary to come between Gov. Brian Kemp and whoever becomes former President Donald Trump’s anointed champion. This week, ousted Sen. Kelly Loeffler launched Greater Georgia, the Republican answer to voter turnout.

    “We are at war, fighting to protect our democracy from domestic enemies at this moment,” Abrams told Anderson Cooper, invoking the threat of the January 6 Capitol attack. “Those domestic enemies should be renounced.”

    I see no real rationale for the changes aside from protecting statewide officials from defeat by a Democrat. So there’s no virtual fig leaf covering legislators’ immodesty.

    “Because of the posture and the timing of this legislation, everyone agrees that no one has seen anything like this,” said Pichaya Poy Winichakul, voting rights staff attorney at the Southern Poverty Law Center. “What we do know is that they’re making it very difficult to track this legislation. Every operative iteration of this bill has never been made available to the public in time for a hearing and public testimony on that bill. It’s been difficult for us as voting rights activists to track this bill and exponentially more difficult to track for voters.”

    SB 241 passed the Senate 29-20 on a party-line vote. It needed 29 to pass; leadership decided to protect the seven most vulnerable seats from having to cast a vote. Now the Senate bill is going to the House, which already passed its own bill implementing voting restrictions a week ago, and then will land on the governor’s desk to be signed into law.

    Today, virtually every eligible adult in Georgia is a registered voter, in part because registration is automatic when acquiring state-issued ID. SB 241 would end automatic voter registration.

    Even before the pandemic, more than half of voters cast votes early, either in person or with an absentee ballot. In November, about 80 percent of voters cast early votes. But the Senate bill would restrict absentee ballots to people 65 or older or to those who have a physical disability or can show that they’re out of town.

    Consider that about 73 percent of Georgians over 65 are white, compared to 54 percent of residents overall. Older white voters traditionally break for Republicans 3 to 1 in Georgia.

    Under the Senate bill, Georgia’s secretary of state would cede much of the office’s authority to a state board. It would administer a hotline for anonymous complaints about voter fraud, which it would be obligated to investigate. The secretary would also be unable to enter into a consent decree with the federal government without approval from both chambers of the General Assembly. The sheer cynicism of it: The law essentially predicts that a Democrat will win the seat and prevents that Democrat from cooperating with a Democratic president as long as a gerrymandered state Senate can hold power.

    “Souls to the polls” events for Sunday early voting were initially to be eliminated entirely. After an outcry and national attention, the authors amended the bill, allowing that counties can pick one Sunday for early voting. The bill passed the House along party lines last week and will be taken up by the Senate.

    The American Civil Liberties Union testified that the proposed laws probably violate both the Constitution and the Voting Rights Act. That may be beside the point: It will cost progressives time and money to fight in court. Even if and when organizations like the Southern Poverty Law Center prevail in court, their coffers will be lighter. During the civil rights battles of the ’50s and ’60s, legislators pursued similar strategies knowing that they would fail in court. The Voting Rights Act required Southern states with a history of discrimination to submit proposed changes to election laws to the Department of Justice for pre-clearance review for that very reason: so that they couldn’t continually game the courts.

    In 2013, the U.S. Supreme Court held some of the pre-clearance provisions of the act as unconstitutional. Since then, a parade of laws suppressing voting have marched across the South, from onerous voter ID requirements in Texas — which took five years in court to reverse — to laughably discriminatory disenfranchisement of Black voters in North Carolina. Georgia by and large escaped this campaign, until today.

    Passage of the John Lewis Voting Rights Advancement Act would restore pre-clearance to states with a history of discrimination. Georgia came to the Democrats’ rescue, giving them control of the U.S. Senate. The question is whether the Senate will return the favor.

    The post Jim Crow Rises: Desperate Georgia Republicans Scurry to Pass Voting Restrictions Law appeared first on The Intercept.

    This post was originally published on The Intercept.

  • Supporters attend a rally with Vice President-elect Kamala Harris in support of Democratic Senate candidates Rev. Raphael Warnock and Jon Ossoff at Garden City Stadium in Savannah, Ga., on Jan. 3, 2021.

    Photo: Logan Cyrus/AFP via Getty Images

    Jon Ossoff had mud on his shoes Saturday morning, as he walked through a dew-dampened field 15 miles east of Atlanta, in the shadow of Stone Mountain, for one more push. The muddy field is behind the home of a DeKalb County activist. A BBC crew competed for social distancing space with political science undergraduates from California, my former state representative, and the street team for Dr. Bronner’s hemp soap. Ossoff stood on a makeshift stage in front of 30 or 40 activists and the local elected throng, preaching a political sermon of sorts. He spoke of a campaign rooted in love and dignity.

    Whatever else has happened over the last three months, the joint campaign with Rev. Raphael Warnock has rubbed off on both Democratic Senate candidates. The two have been joined at the hip on the campaign trail, and the results tonight are showing the effect, with Ossoff trailing closely behind Warnock in their respective races. And so far, it seems to have worked. They both needed to win for it to matter, and their campaigns reflected political reality. On Tuesday, there was no Warnock without Ossoff, and vice versa.

    The contrast between their very practical, very tactical campaigns and the maddeningly dysfunctional Republican ones couldn’t have been starker. Democrats in Georgia have always presumed that the mechanisms of elections would be turned against them, and planned accordingly. Democrats assembled voter suppression strike teams and had a highly organized system for locating people whose absentee ballots had been rejected due to a signature mismatch, likely saving thousands of lost votes.

    The last best example of Democrats trying to team up in Georgia would be Jason Carter running for governor against Nathan Deal and Michelle Nunn running for the Senate against David Perdue in 2014.

    Their teams believed they could pull enough white voters on a center-left platform and the strength of the legacy of their family political dynasties: Jason is the grandson of Jimmy Carter, while Michelle is the daughter of former Georgia Sen. Sam Nunn. The political math on the left at the time centered on the belief that a Democratic candidate could only win with at least 30 percent of white voter support. Neither cracked 25, losing by about 7 percentage points overall. I watched Jason Carter speak eloquently and honestly about his faith in front of large Black churches in DeKalb County, where he was serving as a state senator. But notably, communities of color underperformed for the pair relative to turnout for Barack Obama.

    It was in the crucible of this loss that then-state representative and minority leader Stacey Abrams began to argue loudly for a reimagining of Democratic politics here. Black voters won’t turn out for candidates with whom they do not identify, and campaigns have to focus on their support to win enough turnout to change the math, she said.

    Meanwhile, Republicans have spent much of the runoff jerking from one manufactured crisis to another. Lin Wood and white nationalists calling for a boycott of the election. Photos of Sen. Kelly Loeffler emerged with a white nationalist leader and the campaign manager of a Ku Klux Klan candidate for sheriff in north Georgia. Donald Trump did what Donald Trump does: make a mess others are forced to clean up and apologize for.

    Marjorie Taylor Greene, who now represents the northwest corner of Georgia in Congress, has been spreading QAnon conspiracy theories about a stolen election since November. She’s also an anti-masker; House leaders threw her off the floor on her first day for refusing to wear a mask. These two moral maladies are connected.

    Most people in Georgia voted early, one way or another: either by absentee or early voting. But early voter turnout in the heavily Republican north Georgia counties is running 5 to 10 points behind the state average. It’s why the president held a rally in Dalton. Between skepticism about the fidelity of voting machine tabulation and fear that an absentee ballot might be tampered with, it would be reasonable to conclude that the #stopthesteal rhetoric depressed voter turnout in the heart of conservative Georgia.

    And, as the pandemic rages on, many north Georgia counties consolidated their polling locations as a preventative measure. Fewer polling places in counties that already have low population density may have also depressed election day turnout.

    Later on the same morning, Ossoff was barnstorming through the Atlanta suburbs, I found myself surrounded by shofars on a street corner across from the Georgia capitol. The “Georgia Prayer March” had descended on Atlanta. It’s worth noting that most of the folks I saw weren’t actually from Georgia.

    They walked around the capitol seven times, blowing horns like Jericho. A young man from Brooklyn, be-dreaded and hemp-fibered, explained to me in complete earnestness that America’s government is ordained by God and if Loeffler and Perdue don’t win on Tuesday that the country will be destroyed in hellfire within a year. In the text he sent to me with his contact information, he misspelled his own name.

    Let me say on behalf of all Georgians: we’re a little tired of being the center of the political universe. Go home. All of you. We love you. Get out.

    It would be easy to blame the self-immolation of the Republican campaigns in Georgia on the fecklessness of the candidates, but I think what we saw are rational politicians responding to an irrational political marketplace. Loeffler, Perdue, and others seemed to behave as though they’d lose their elections unless they appear to be out in front of the mob braying for undeserved power, or else be replaced later in a primary by someone who will at least appear nuttier than they are. Many are absolutely correct in this political assessment.

    Hillary Clinton described these voters as a “basket of deplorables.” She was castigated for it. But she was absolutely correct. A voting majority of the Republican primary electorate are some combination of conspiracy-swilling white supremacists (or people with enough racial resentment to be indifferent to them), religious fundamentalists who believe the laws of the country are subordinate to their interpretation of Biblical law, or kleptocrats defending their estates. That’s somewhat more than half the party.

    Just before Trump held a rally Monday night in north Georgia, Kelly Loeffler announced that she too would be challenging the results of the electoral college on the day after the election. She hadn’t been willing to commit to that publicly.

    A supposition: Trump made a last-minute demand for Loeffler to challenge the vote in order to get him to appear in Dalton. He introduced uncertainty and she caved because she is fundamentally risk averse and doing what powerful people tell her to do has worked so far.

    The same impulse made Loeffler memorize what other people told her to say in the debate. She sounded like a robot wearing a skinsuit, but that’s a feature in her world, not a bug.

    If you thought that winning this election was enough, you’re not paying enough attention. Senators who said the remedy for presidential misconduct was an election are now attempting to set aside that election. They believe it is necessary to lie and to cheat because the Republican base punishes anyone who will not lie or cheat in their name.

    In a sane political universe, the president would have been arrested once the phone call to Georgia Secretary of State Brian Raffensperger was made public. As it stands, the just-elected district attorney of Fulton County is exploring charges. The U.S. attorney for the Northern District of Georgia, B.J. Pak, might have considered a similar investigation … but he resigned suddenly and unexpectedly Monday afternoon, citing “unforeseen circumstances.” Pak is a former Republican state legislator and federal prosecutor, and a Trump appointee, whom I have known for many years. I have reason to trust him implicitly, as does most of the political establishment of Georgia, left and right. Pak is widely considered the best chance in Georgia for an Asian American to win statewide office.

    Trump derisively referred to him as a “never-Trumper” on the Raffensperger call.

    This election will imprint itself on the political psyche of Georgia for a generation. For the first time in a long time, structures will have been built that will endure through an election cycle, given the strength of the Democratic showing. And, normally, I would expect a round of soul searching among Republicans, an after action review to adjust. But I doubt it this time.

    Mired in conspiracy and lying to itself, the self-corrective mechanisms of politics here are broken on the right. Too few Republican political leaders here — leaders, as in people who have followers — seem prepared to be honest with the right-leaning public about what happened and how to fix it.

    Meanwhile, I fear that there is no step the incoming president can take to right the ship that will seem strong enough to be satisfying, not without creating legal issues that complicate governance. The guillotine is incompatible with the rule of law. Perhaps this ending cascade of outrages is meant to make of us what has been made of them, to infect the left with the irrationality plaguing the right.

    This post was originally published on Radio Free.

  • An officer in riot gear stands between supporters of President Donald Trump and counter protesters as the groups yell at each other outside of the Georgia State Capitol in Atlanta on Nov. 21, 2020.

    Photo: Ben Gray/AP

    As a longtime observer of Georgia politics, I am at a point where I can no longer distinguish trolling from earnest madness.

    A hashtag began trending this morning on Twitter: #WriteInTrumpForGA. You could probably have seen it coming as soon as Lin Wood, a Trump attorney arguing to overturn the election results here, tweeted his support for a boycott of the U.S. Senate runoff elections.

    But far-right protesters had been calling for it in the street even before Wood’s comment. Vincent James Foxx took to the steps of the Georgia capitol last week to tell “Republican traitors” who are not trying to overturn the election that “we will not be willing to show up for them.”

    Foxx founded Red Elephants, a media platform based in California that the Anti-Defamation League described as promoting “conspiracy theories, anti-Semitic beliefs and white supremacist mantras.”

    Nonetheless, video of his commentary went viral, though probably not the way he might have liked. Virtually all of the engagement has been with progressive commenters wishing him well here.

    If Jon Ossoff beats Sen. David Perdue and Raphael Warnock beats Sen. Kelly Loeffler in the January runoff, Democrats take control of the Senate. So, the reaction on the left both locally and nationally has been giddy, gleeful support for the proposition of a far-right boycott.

    ATLANTA, GA - NOVEMBER 18: Alex Jones, host of Infowars, an extreme right-wing program that often trafficks in conspiracy theories, speaks at a "Stop the Steal" rally against the results of the U.S. Presidential election inside the Georgia State Capitol on November 18, 2020 in Atlanta, Georgia. (Photo by Elijah Nouvelage/Getty Images)

    Alex Jones, host of Infowars, an extreme right-wing program that often trafficks in conspiracy theories, speaks at a “Stop the Steal” rally against the results of the U.S. Presidential election inside the Georgia State Capitol on November 18, 2020 in Atlanta, Georgia.

    Photo: Elijah Nouvelage/Getty Images

    Georgia Secretary of State Brad Raffensperger noted in an interview with the Atlanta Journal-Constitution last week that 24,000 Republican voters submitted absentee ballots in the June primary and refrained from voting in the general election — enough voters to have closed Biden’s margin in Georgia.

    Typically, a runoff election in Georgia might draw as few as 20 percent of the voters from the general election. More important jobs draw a higher proportion of voters, as happened in 2018 when Raffensperger himself faced a runoff contest against John Barrow, where about 40 percent of voters returned. The last U.S. Senate runoff here in 2008, between Republican Saxby Chambliss and his Democratic challenger Jim Martin, drew about 60 percent of general election voters.

    The question to ask is if 30,000 people who would vote for Republican candidates are open to an argument for a boycott.

    Chambliss won the runoff handily. But given recent election trends in Georgia, with Democrats so focused on turnout, one might hold presumptions of Republican victory less strongly. If total turnout in January is around 3 million votes, a 1 percent gap would be 30,000 voters. The question to ask is if 30,000 people who would vote for Republican candidates are open to an argument for a boycott.

    Are people like Wood and Foxx sincere? To the degree that one can measure the sincerity of such people . . . probably. Sure. I’m guessing that Wood is trying to set up former Georgia congressman Doug Collins for a right-flank challenge to Loeffler or Warnock in two years, or perhaps against Georgia’s Republican governor Brian Kemp.

    Foxx’s deeper motivations might be a bit more nuanced. Set aside his stated reasons for a moment: his fallacious belief in a stolen election and a demand for Republicans to spend their political capital fighting it. And ignore for a moment their general contempt for “democracy” as a political value. Biden’s win means some Republicans will recalculate their electoral math, asking if courting white nationalists loses them more elections than they will win.

    The far right has been in a rolling crisis ever since the “Unite the Right” rally in Charlottesville provoked a massive, world-changing backlash. White supremacist groups have been falling apart from lawsuits, the rolling identification of their leaders, social media deplatforming and infighting. People like Foxx have had some access to power over the last four years. A call to boycott is a loyalty test, and loyalty tests are deliberately painful: do this distasteful thing – disregard the law and voters – to prove you still listen to us, or we will show you what that will cost you.

    Trump himself reiterated support for Loeffler and Perdue the week after the election. Yesterday, Donald Trump Jr. described calls to boycott as “nonsense” and asked people to ignore them. Neither Loeffler nor Perdue have addressed the idea directly.

    Nonetheless, social media chatter about a boycott is continuing to grow. On Parler, the hashtag #boycottgeorgiarunoffs doubled its traffic overnight. But most of the accounts pushing it are brand new and utterly anonymous. Parler’s conservative supporters tout its unmoderated forum as an alternative to Facebook, but as a practical matter it is completely susceptible to manipulation by political provocateurs.

    Despite its supposed noninterference policy, Parler began striking the #WriteInTrumpForGA hashtag today. Perhaps that’s because under Georgia election rules, you can’t actually write in a candidate in a runoff. Even if you could, a write-in candidate has to be qualified by the Secretary of State’s office for the votes to count. And Donald Trump is a legal resident of Florida, and would not be eligible regardless.

    The idea is absurd. But that’s where we are now.

    This post was originally published on Radio Free.