Legally Speaking With Pamela Price

Pamela Y. Price, Attorney at Law

Category: Humanity

Calling Social Engineers

Calling Social Engineers

Charles H. Houston (1895-1950) said a lawyer is either a social engineer or a parasite on society.  On Monday, January 30, 2017, Mr. Trump fired a social engineer.

Credit: Wikipedia

Her name is Sally Yates.  She was the Acting Attorney General of the United States.  The statement that triggered Mr. Trump’s rage describes her constitutional role:

“My responsibility is to ensure that the position of the Department of Justice is not only legally defensible, but is informed by our best view of what the law is after consideration of all the facts.

 

In addition, I am responsible for ensuring that the positions we take in court remain consistent with this institution’s solemn obligation to always seek justice and stand for what is right.  At present, I am not convinced that the defense of the Executive Order is consistent with these responsibilities nor am I convinced that the Executive Order is lawful.

Consequently, for as long as I am the Acting Attorney General, the Department of Justice will not present arguments in defense of the Executive Order, unless and until I become convinced that it is appropriate to do so.”

America’s Private Prisons for Immigrants

This is not the first time that Sally Yates took a principled position on behalf of the American people.  In August 2016, Ms. Yates instructed Justice Department officials to either decline to renew the contracts for private prison operators when they expire or “substantially reduce” the contracts’ scope. The goal is to reduce and end the federal government’s use of privately operated prisons.  These prisons are used exclusively for non-citizen inmates.

Yates’ action follows the Office of Inspector General (OIG) report on federal private prisons.  The OIG found federal private prisons have higher rates of assaults and deaths under questionable circumstances, problems with contraband, low quality food and medical care.  These problems are reported in multiple exposes in Mother Jones and the Nation. These are the same prisons Mr. Trump will use to house immigrants targeted for deportation.

As a result of the Trump Executive Order on immigration issued on January 27, 2017, students, visitors and green-card-holding legal permanent United States residents from seven countries — and refugees from around the world — were stopped at airports in the United States and abroad.  Some refugees were blocked from entering the United States and sent back overseas.  Some refugees stopped at airports with no place to go would be detained.  That’s why Americans and lawyers descended upon major airports.  People who had committed no crime but had no place to go would be taken to federal private prisons.

Being A Social Engineer

It is a good time to be a civil rights lawyer.  Around the country, lawyers are organizing and galvanized to be social engineers.  It means that we, like Sally Yates, will uphold and defend the Constitution as a part of our regular day job.  Not just on holidays. The fight is clearly on.  Michael Moore warns that Mr. Trump has started a bloodless coup.

By changing the laws, firing lawyers and senior staff and giving legal authority to his advisors with the stroke of his pen, Mr. Trump is clearly taking control of the Executive branch.  With three Supreme Court nominations within his reach, he will soon control the United States Supreme Court.  Under a far right Supreme Court, our role as civil rights lawyers will likely be rendered obsolete in federal Courts.  Our role as social engineers may be the only way left to practice civil rights law in America. Thankfully, Charles Hamilton Houston, in his life’s work, has already given us the precedent to follow.

Why Are They Marching?

Why are They Marching?

I’m standing at the corner of Ninth and Fallon in downtown Oakland.  My phone rings and its Amy, my elderly foster mother in Cincinnati.  “Why are they marching?” she asks.  Another friend reports that her mother asks her in a not-so-nice tone “Did you wear a vagina on your head?”  So, not everybody “got the memo!”

So why did we march, by the millions here and around the world.  The “official” goal of the day was “to stand together in solidarity for the protection of our rights, our safety, our health, and our families — recognizing that our vibrant and diverse communities are the strength of our country.”  That’s the memo I got for the Women’s March in Oakland.  And so, more than 100,000 people had a peaceful march through Oakland.  Yes, we stood and we walked in solidarity.

A Beautiful Sight to See!

It was a beautiful sight – to see my beloved awesome beautiful Oakland community once again on the right side of history.  And the signs said it all.

“Keep those Bad Apples Out of the Cabinet.”

“The Children Are Watching.”  “Resist Fear, Assist Love!”

“You can’t comb over misogyny.”

“I Love Nasty Women!”

“ACA saved my life!”

“We won’t go back to the Dark ages.”

“A woman’s place is in the resistance.”

“Make America Read Again!”

 

“From Class to Crass!”     “Our rights are not up for grabs, neither are we!”

“Black Lives Matter!”  Someone simply said “Ugh!”

 

 

 

 

 

 

 

There was music and drums and tamborines.  We danced, we chanted, we marched.  There was exceedingly warm comaraderie, respect and appreciation for everyone around you.  It felt like love overflowing. And yes, those little pink hats were everywhere, symbols of a woman’s vagina.  When I asked the man standing next to me what they meant and he told me, all I could say was “I knew that.”

Why Does It Matter?

So, the question is why does it matter that millions marched around the world.  We are now in the midst of the Trump “deconstruction” of America.  Executive orders are literally flying out of the White House.  Threats of ridiculous policy initiatives have now become law.  Trump is doing everything he can to divide America.  The “haves” are going to have it their way.  The rest of us will have to figure it out on our own.

What the Women’s March says to each of us is that we are not on our own.  It does not matter if you are Mexican or Muslim, you are not going to be left on your own.  It does not matter if you are homeless or homebound, you are not going to be left on your own.  It does matter if you are a military veteran, you are not going to be left on your own.

It matters whenever you say “NO” to fascism, racism, sexism and tyranny.  Mr. Trump’s pen cannot change our vision for the future of our children and our nation.  His tweets cannot change our commitment to keep Dr. King’s dream for America alive.  While Trump honors the murderous legacy of President Andrew Jackson, let us remember the magnanimous leadership of President Barack Hussein Obama.

The Children Are Watching!

In the week of celebrating Dr. King’s birthday, I kept reading  his “Letter from A Birmingham Jail.”  Dr. King reminds the white clergymen that”injustice anywhere is a threat to justice everywhere.”  He reminds them that “everything Hitler did in Germany was ‘legal’ and everything the Hungarian freedom fighters did in Hungary was ‘illegal.”  He reminds them that “the goal of America is freedom” and “if the inexpressible cruelties of slavery could not stop us, the opposition we now face will surely fail.”

As we move forward this year, the marches will sustain and strengthen the work of those who commit themselves to the ongoing struggle for social justice.  As an activist whose entire life was transformed by “the struggle,” I know the power of seeing millions of people marching for what they believe in.  Let us continue to beat the drums for justice.  Let’s keep marching for our lives and the lives of our children!  The children are watching!

She Who Kneels

She Who Kneels

I am standing in front of a group of eager young women.  The breakfast is co-sponsored by God’s Word In Action, BWOPA (Black Women Organized for Political Action) Richmond/Contra Costa Chapter and Binspired.  Our topic is “Investing In Your Purpose.” As we go around the room for introductions, many young women say they are looking for “empowerment.”  All of the mature women offer our support as these young women begin to  navigate this journey called “life.”

The group includes about 20 young women from West Contra Costa County and a wonderful cadre of accomplished educators, spirit-filled leaders and community advocates.   It is my privilege to share some of the milestones in my life.  Milestones that were achieved by faith and perseverance. I share with them that many times along the journey, I did not know my path or my purpose.  But I trust God to lead me and guide me.  Sometimes I simply pray that He will “order my steps.”

We Are Not Ashamed

I am struck by how we each share our faith in God, openly and freely.  Too often, we hesitate to share our faith publicly.  It reminds me of one of my favorite songs my Free Spirits Choir used to sing “We Are Not Ashamed of the Gospel of Jesus Christ.”  As we face the challenges of this time in our history, many people are putting their faith in the power of prayer.  We believe that “nothing can separate us from the love of God which is in Christ Jesus.” (Romans 8:39.)  As a Christian in this season of Christmas, I feel the need to say that I am not ashamed of the gospel of Jesus Christ.

I am a proud member of Glad Tidings Church of God In Christ in Hayward, California.  I do not always agree with the doctrines of the Church.  I appreciate, however, the role that my Church plays in the struggle for equal justice and human rights.  Two years ago, on Sunday, December 14, 2014, 12,000 COGIC Churches stood in solidarity with “Black Lives Matter.”  COGIC historically strongly supports human and civil rights movements.  Indeed, Dr. Martin Luther King delivered his last speech “I’ve Been to the Mountaintop” at Mason Temple (COGIC Headquarters) in Memphis.

Faith And Works In Action

Perhaps I am a “radical” Christian.  But my belief in the gospel of Jesus Christ is what calls me to fight for justice without compromise.  The power of “the sword” in the halls of injustice truly comes from my faith and the grace of God.  At Christmastime, we celebrate the birth of Christ.  His birth “demonstrates that while evil is entrenched in this world, it is not in charge.”  Certainly, as we enter the era of Trump, this is a message we need to hear loudly proclaimed.  For me, Jesus is truly the light and the hope of the world.

Tragedy In My City

Tragedy In My City

I’m flying home from a conference and a brief visit with Mom. My mind is focused on renewing the Call to Action for a fair investigation of Bay Area police sex trafficking. My heart is focused on the City that I love. The City by the Bay that is the real heart of the Bay – Oakland.

ABCNews.com

Credit: ABCNews.com

We receive the first reports of a major fire late Friday night. Over the weekend, the horror grows. More than a 100 people trapped in a huge fire. It’s unbelievable. Our whole city is traumatized.

 

People begin to mark themselves “safe” on Facebook. Even though I am a thousand miles away, I feel compelled to mark myself “safe” as well. We are all beating as one heart. Across our city, we share the victims’ heartache. Our shock is amplified by the reports of young lives with so much promise for the future now gone.

We have all experienced tragedy at some point in our lives. Life is about challenges and overcoming challenges. Sometimes the challenge comes in the form of tragic death. Oakland is no stranger to tragic death. As we reel from the tragedy of the worst fire in our history, let us acknowledge that most of our community lives in a constant state of trauma. In 2016, we were all victims of 75 reported murders across our City.

Preventable Violence In 2016

Most of the 75 people murdered in Oakland in 2016 died by gun violence. Gun battles in the midst of a crowd of people happen way too often. Some people were stabbed and beaten like Karla Ramirez-Segoviano. Some, like Reggina Jefferies, were innocent bystanders killed in unexpected places or circumstances. Jefferies was at a vigil gathering for two teenager friends who drowned. She went to the vigil after doing a praise and worship dance in her church.

Reggina’s murder in the middle of the day in downtown Oakland was as shocking as the murder of Antonio Ramos in September 2015.  He was shot while painting on a community mural under the highway.

“Grief-stricken” families in Oakland are commonplace.  Street memorials of candles, flowers and pictures have become “normal.”  I know I am not the only one that becomes completely distraught when I accidentally walk upon a street memorial. I know that the young people in our City are not the only ones traumatized when they bury someone who died way too young. As we live and work in the midst of out-of-control violence, we are all living in trauma.

City Council President Lynette McElhaney recently called for the creation of an Office of Violence Prevention.  She cited the tragedy of young people, both victims and witnesses, who experience an unacceptable level of violence in our City. She is no stranger to the tragedy of gun violence in Oakland.  She lost her grandson to what she describes as “a preventable disease in our community.

As We End 2016 In Mourning

As we mourn the 36 young people who died in a tragic fire, let us also mourn the 75 people whose murder this year is equally as tragic for us, their families and those who loved them. Those who died in Oakland in tragedy this year need all of us to carry on – to live on – to love more and do more to repair our City. Let us remember that none of us is promised tomorrow. Yes, there is tragedy in death. But there is still joy in life.

Each of us – the living – have the opportunity – indeed the responsibility – to shine TODAY.  To love TODAY. To speak up TODAY. Remember that “life is not a dress rehearsal.” We must tell young people that if you are in school, don’t drop out and think you are coming back later. If you are in a gang, get out now. If you are in politics, don’t “wait your turn.” If you have a vision for your future, begin it now.

And don’t get stuck in grief. Time alone does not heal all wounds. Don’t try to bury your feelings or “be strong.” Get the help you need to heal. Look for therapists who are offering healing services throughout our City. Many therapists are volunteering grief recovery services in the wake of the fire. If you are able to help in our recovery from the Fire, reach out to the Gray Area Foundation for the Arts.

In Oakland, as we close out 2016, I hope this holiday season will be a season of healing and love for all of us. As we enter 2017, let’s make it the year that we cure the disease of preventable violence and death in Oakland.

Compassion of Our Hearts

Compassion of Our Hearts

I love Thanksgiving.  I try to live my life in a spirit of gratitude.  I really appreciate that we dedicate time in our lives every year to be thankful for our blessings.  I am so thankful for my life.  I have lived a miracle and “He didn’t have to do it.  It could have been me outdoors or in jail,” and I know it.  I often remember to be thankful that I am not living on a hill in Haiti.  Current events make me thankful that I am not living under a building in Aleppo, Syria.

thankful-forThis year I am most thankful for forgiveness, for friends who “prayed me through” a very challenging transitional year, for new love and for something called s-a-b-b-a-t-i-c-a-l which I did “my way.”

Compassion in Our Lives

We all can be especially thankful for the compassion in our lives.  As I look around, I am surrounded by friends who show compassion every day.  I am so thankful for my sister Tonsa who takes really good care of my Mom, Mildred.  My foster sisters Gina, Rendi and Virgie took great care of my foster mother Alice. They kept her for more than a decade, long after Mama could no longer speak or move. My cousin Bonita was the solid rock of compassion for my Aunt Eleanore and Uncle John.

It warms my heart to have so many friends who have done the same for their loved ones.  My friend Hope dedicated her life to taking care of her parents, Lela and Ivan.  Since Lela passed, Hope continues to shower compassion on Ivan.  My friend Torrey showed compassion to her mother Mary for years, long after Mary forgot who Torrey was.  Torrey said “she thinks I am just a nice lady who comes to visit her.”

The compassion that my friends demonstrated for their loved ones is so inspiring.  Fania and Angela‘s gentleness with their mother Sallie B. was phenomenal. It has been my privilege to watch daughters like Dianne, Faye and Deborah take care of their mothers, Frances, Imogene and Irene. My friend Shirley‘s steadfast commitment to her Dad, Pops, before he died was comforting to us when Shirley suddenly passed away.

Compassion Knows No Lines

Compassion is not limited by gender.  My cousin Shawn‘s commitment to his mother, Sharon, was unwavering as she battled breast cancer.  How well Antwon cared for his Mother in her last days is one of the most endearing stories about him.  It was my privilege to watch my friend Marshall act with total commitment to his Mother in her final years. My friends, Darryl, Douglas and Duane each showed the same compassion for their mothers in their illnesses when they needed it most.  These are truly men of honor.

My friend Charles continues to honor his mother by taking care of his aunts.  Bishop Macklin‘s concern for his ailing mother touches the heart of every member of our congregation. My godbrother Jay stepped up right away when my foster Mom Amy fell ill and needed 24-hour care. Jay and his wife continue to be there for Amy every day.

Compassion In Action

In law, it is often hard to remember that a law firm is a business. “Beating the drum for justice” is hard work and expensive.  It is very hard to accept that we can not help everybody.  But, it was compassion that moved me to help clients like John Bumphus and Abner Morgan, Deanna Freitag and Tonsa B. What I received in return for that “help” has been life-changing courage and compassion. It was compassion that led me to step off my sabbatical and go to Stuart Florida to rescue Jasmine from jail and bring her home.

In this season, I am reading “Just Mercy” by Bryan Stevenson.  The painful truths of our broken justice system grieve the heart. Our criminal justice system is truly an instrument of evil.  Our lack of compassion for children tried as adults and condemned to life in prison is appalling.  The failure of compassion for women who ended up in abusive relationships and then prison is beyond frustrating. Our willingness to accept the death penalty regardless of a person’s guilt or innocence is profoundly disturbing. As Bishop Desmond Tutu pointed out, it’s “as if America’s soul has been put on trial.” Bryan Stevenson‘s compassionate heart is a light of hope for all of us.

In Bay Area politics, we have a rising star in Lateefah Simon.  We are all so proud of her. Her life’s work is rooted in compassion.  I know that her “popularity” is rooted in compassion.  Many people came to know her because of her love for Kevin Weston. The battle she and Kevin fought to save his life touched all of our hearts. Our compassion for this brilliant young couple flooded Facebook. Out of compassion for them, our spirits soared. Our hearts were opened. We were united in community by compassion.

The Greatest Gift of All

As you experience this Thanksgiving, regardless of your circumstances, try to remember that the greatest gift of all is love.  “So faith, hope, love abide, these three; but the greatest of these is love.” (I Corinthians 13:13.)  I really appreciate the people in my life and our world who show compassion for others.  As I move forward in my life, I pledge to more consistently practice “random acts of kindness.” Remember that your greatest legacy may be how you showed compassion for someone else.

thanksgiving

Page 2 of 2

Powered by WordPress & Theme by Anders Norén