Legally Speaking With Pamela Price

Pamela Y. Price, Attorney at Law

Tag: Joe Biden

I Feel Like Going On

“Though trials may come on every hand, I feel like going on.” Marvin Winans

The Reverend Martin Luther King, Jr. with compatriots at the March on Washington for Jobs and Freedom on August 28, 1963
The Reverend Martin Luther King, Jr. with compatriots at the March on Washington for Jobs and Freedom. August 28, 1963. (Photo by © CORBIS/Corbis via Getty Images)

This was a rough week. It started on Saturday, April 4th as I remember the assassination of Rev. Dr. Martin Luther King. That awful night in Memphis traumatized the entire country. It was such a game-changer for me personally. Yet, here we are, some 52 years later and barely a mention of the event that shook America to its core. It seems that the pandemic “trumps” everything.

Fast forward to April 8, 2020 – a day that will live in infamy for me and so many others. The day that Bernie Sanders “suspended” his campaign for the U.S. Presidency.

The end of Bernie Sanders’ campaign marks a sobering reality. The American economy is in shambles. The federal government is under the control of the tangerine reincarnation of Hitler and the federal bench is infested with far-right-wing fanatics appointed for life. For me, the inescapable reality is that the “beloved community” that Dr. King preached about will not come to pass in my lifetime.

It is a sobering thought. Not in my lifetime.

Dr. King’s words from his final sermon on April 3, 1968 rang in my ears all day on April 8, 2020:

“I may not get there with you, but I want you to know tonight that we as a people will get to the promised land.”

Not in my lifetime.

Biden Is Not Bernie

Even if Joe Biden can hold it together until the election (not a certainty), he seems almost certain to wither under Heir Trump’s blistering attacks. Biden has already promised to veto Medicare for All. He makes this pledge at a time when Black people are dying at three times the rate from COVID-19 than other races. The racial disparities that have always been a matter of life or death for Black folks will continue to flourish in a Biden presidency.

For me, the urgency of a Bernie Sanders presidency was exactly the urgency to address the health gap, the wealth gap, and the justice gap that is the reality for far too many Americans and particularly Black people. These are not issues that Joe Biden has pledged to address. Nor does he even appear capable of addressing.

It is well known that Black women in America are three to four times more likely to experience a pregnancy-related death than white women. That well-known fact is perfectly ok in Trump’s America and it will continue to be so in Biden’s America.

On the day I heard the bad Bernie news, I was already enraged by reports that Black Americans are dying from COVID-19 at catastrophic rates compared to our percentage of the population and other races. In March 1966, at the convention of the Medical Committee for Human Rights (MCHR) in Chicago, Dr. King noted that “Of all the forms of inequality, injustice in health is the most shocking and the most inhuman because it often results in physical death.”

Dr. King would be devastated by what is going on in Chicago today, and reflected across this country. Death is the most “brutal consequence” of racialized injustice.

Painful Brutal Consequence

Racial differences in health care, particularly the treatment of cancer, is very personal to me.

In 2012, my Dad died at Jewish Hospital in Cincinnati Ohio from small cell lung cancer. The treatment and care he received at Jewish Hospital was painfully substandard.

We got the lung cancer diagnosis on a Friday and he died four (4) days later on Tuesday. He was never transferred or treated in the oncology unit. They said they did not have enough beds. The IV medication was applied sparingly during the last four days of his life. We were not given proper instructions on how to use the respirator and hence, we did not use it while he desperately struggled to breathe the entire last weekend of his life. In the minutes before his heart stopped, they couldn’t get the dialysis machine to work. In the meantime, the deadly toxins stimulated by the chemotherapy treatment they gave him exploded in his blood.

As his kidneys failed and the cancer took his life away, I watched helplessly as the nurse struggled (unsuccessfully) to make the dialysis machine work. My father was not a priority that day and he died.

“I Feel Like Going On”

I admit, after fighting for civil rights for more than 50 years, I’m tired. I’m frustrated by the America that writes a bad stimulus check to Black folks over and over again. I’m angered by politicians that make false promises to get our votes and then runnnn back to the comfortable lily white world where they live. I am outraged by those who turn a blind eye to poverty, homelessness and injustice.

Still, I feel like going on. I know that this pandemic will end. I don’t know when it will end. Don’t know how. We know that when America gets a cold, Black folks get pneumonia. But this too shall pass. I know that. And today, I feel like going on.

You see, the history of Black people in America has given us tenacity, resilience, courage in the darkest hour, faith in God and hope for tomorrow. We are the survivors of the Middle Passage. My people were “built for slavery and killt for bravery.” And we’re still here.

Even knowing that the beloved community will not likely come to pass in my lifetime. I won’t get there with you. But I feel like going on.

Bishop Marvin Winans Sings “I Feel Like Going On”

A Luta Continua.

The Record Player Answer

Joe Biden at the Democratic Debate delivers the record player answer
Joe Biden at the Democratic Debate, September 12, 2019. Credit: ABC News/Screenshot

There are so many things wrong with Joe Biden’s record player answer, I hardly know where to begin. But I am a trial lawyer. So when I hear a strange answer, my first response is check what was the question. So, here’s the actual question:

“But as you stand here tonight, what responsibility do you think Americans need to take to repair the legacy of slavery in our country?”

Again, I’m a trial lawyer. So, there are 4 correct answers to any question:
“Yes,”
“No,”
“I don’t know,”
“I don’t remember.”

Biden did not pick one of those 4 answers. He could easily have said, “Yes, I think Americans need to take responsibility to repair the legacy of slavery and here’s what I think we need to do.” Or “No, I don’t think Americans need to take responsibility to repair the legacy of slavery. And let me tell you why not.” Instead, he started rambling.

This Is What He Said

Well, they have to deal with the — look, there’s institutional segregation in this country. From the time I got involved, I started dealing with that. Redlining banks, making sure we are in a position where — look, you talk about education. I propose that what we take is those very poor schools, the Title I schools, triple the amount of money we spend from 15 to $45 billion a year. Give every single teacher a raise, the equal raise to getting out – the $60,000 level.

Number two, make sure that we bring in to help the teachers deal with the problems that come from home. The problems that come from home, we need – we have one school psychologist for every 1,500 kids in America today. It’s crazy.

The teachers are – I’m married to a teacher. My deceased wife is a teacher. They have every problem coming to them. We have – make sure that every single child does, in fact, have 3-, 4-, and 5-year-olds go to school. School. Not day care. School.

We bring social workers into homes and parents to help them deal with how to raise their children. It’s not that they don’t want to help. They don’t – they don’t know quite what to do.

Play the radio, make sure the television – excuse me, make sure you have the record player on at night, the – the – make sure that kids hear words. A kid coming from a very poor school – a very poor background will hear 4 million words fewer spoken by the time they get there.

How Did He Ever Get There?

So, he started with institutional segregation and ended with shaming Black families for not knowing “quite what to do” when it comes to raising children.

Now, I’m the first to acknowledge raising kids is hard, for some of us the hardest thing we’ve ever done. Every gray hair on my head has nothing to do with trying cases for 30 years – I owe them all to raising my own daughter Malika.

I’m also clear, however, that the challenge to raise independent productive and kind children has little to do with your race, class or education. Indeed, suicide rates for young people in America are soaring in recent years. And, how many mass shootings in the last 30 years in America have been carried out by Black teens? To my knowledge, the mass school shooters are almost uniformly white male teenagers. Most of them came from so-called “good homes” which is code for straight white married parents.

But I digress. The point is that Biden’s answer is not even remotely responsive to the question. It sounds like “Black lives are still undermined by the legacy of slavery because they don’t know quite how to raise their kids.” That’s both stupid and insulting.

The question, again, is what responsibility do Americans bear, not Black people. While most commentators focused on “the record player answer,” woke Black folks heard the implicit bias and victim-blaming.

The Legacy of Slavery

News alert Mr. Biden: Black people are not responsible for America’s racism.

Black people are responsible for the incredible wealth that America enjoys today. 250 years of free slave labor, another 100+ years of extreme exploitation of labor, and the last 50 years of second-class citizenship (being locked out of equal access to education, affordable housing, health care, high-paying jobs) has all helped white Americans tremendously. Everything Black people have achieved in America came at a premium. In the last 100 years, we paid more for loans, housing, transportation, food, health insurance, health care, education, you name it.

On the flip side of that same coin, in the past 400 years, whites have enjoyed what we refer to today as “white privilege.” Starting with the Land Act of 1820 which made it possible for settlers to move west and south through the 1950s, whites received massive government subsidies for housing, transportation, health care and education.

Whites enjoy preferential treatment in the enforcement of the law and the administration of justice. This fundamental principle is embedded in the pillars of the justice system. White privilege is reflected in the arrests, charging, prosecution and incarceration of Black people everyday in every state, county and community in America.

Joe Biden either doesn’t know our history or he doesn’t really care to address it. Maybe he really does not understand what is now commonly referred to as “the wealth gap.” The fact that an average white family has 41 times more wealth than the average Black family, that 72% of while familes own their homes compared to just 44% of Black families, and the average white worker earns 30% more than the average Black worker – did not just happen overnight or by happenstance.

The Record Player Answer?

Biden could have at least tried to be consistent. He could have repeated his statement from 1975 (which was the preface to the question):

“I don’t feel responsible for the sins of my father and grandfather, I feel responsible for what the situation is today for sins of my own generation and I’ll be damned if I feel responsible to pay for what happened 300 years ago.”

But it’s no longer “politically correct” to shield oneself with the mantle of white privilege. To be fair, a recurring theme in Barack Obama’s major speeches on race as President was the “moral shortcomings” of the Black family. In his work “The Black Presidency,” author Michael Eric Dyson calls out this message in the few times that Obama talked to the nation on race in America. (See Chapter 6, “Dying to Speak of Race”.)

Perhaps Joe Biden “helped” Obama write those speeches. I don’t know. What I do know is that just like Black people should not tolerate “victim blaming” by Obama or before him, Bill Cosby, we damn sure should not tolerate it from Joe Biden.

It’s also simply not acceptable to equate poverty with Black people. Even Black people who have been financially or professionally successful still experience the demeaning face of racism daily. Black people are disproportionately poor due to America’s racism. But poverty is endemic to capitalism in America. Income inequality between the wealthiest 1% of the country and the rest of us (the 99%) has increased dramatically in recent years. This national crisis was highlighted in the Occupy Movement in 2011 while Joe Biden was Vice President.

Biden’s assumption that the only poor people in this country are Black people is an antiquated view of our current situation, consistent with someone who thinks we still have record players.

The question is “what responsibility do you think Americans need to take to repair the legacy of slavery in our country?” The record player answer does not even come close to looking like an analysis of the problem. Joe Biden needs to study the history of racism in America and the continuing inequities (including those he fostered), then try to answer the question. Until he does that, Black folks in particular would be wise to consider the alternatives.

As Maya Angelou taught us, “When someone shows you who they are, believe them the first time.”

Biden’s Baggage

Credit: Rex/Shutterstock

I started writing Biden’s Baggage weeks ago. At the time, there seemed to be just a trickle of information about his record on issues that are pivotal in this election. Issues of endless wars, mass incarceration and criminal justice reform, race and gender equality are all in play in the 2020 Presidential election. Suddenly, what was a trickle of bad news for Biden became an avalanche.

At the first televised Democratic debate, Biden did little to stem the tide of bad press. He seemed to fumble his answers on his 2002 Iraq war vote. He could not defend his opposition to integration and cozy relationships with segregationists. Three issues not even addressed in the debate are Biden’s leadership in creating mass incarceration, his inconsistent support for a woman’s right to choose and his dastardly treatment of Professor Anita Hill.

Why Are We Here?

This is Joe Biden’s third run for President. He first ran in 1988 and dropped out in disgrace after being accused of multiples instances of plagarism. Biden ran again in 2008 and dropped out after the Iowa Caucus. He won less than 1% of the delegates there. According to the Washington Post, it was a year in which voters said they were seeking change and Biden “struck Iowans as a little too familiar, fixtures of a Washington establishment that had grown stale from years of gridlock and partisan infighting.”

Joe Biden’s current cache stems solely from his role as Vice President to Barack Hussein Obama. But let’s be clear: Obama’s candidacy was so extraordinary and inspiring, we could care less who he picked as his Vice President. President Obama had a blank check. He could have written in Bozo the Clown and we would have said okay. Certainly Biden did not disappoint as the Vice President. But make no mistake about it: Barack and Michelle Obama excelled as the first couple and they didn’t need Joe Biden to do it.

Too Much to Overcome?

To be fair, Joe Biden is known as an ardent advocate for middle class America and the rights of workers. Since 2015, he has supported the ideas of free college and $15 hour/minimum wage. He introduced the first-ever climate bill in 1986 and understands that climate change is an existential threat to our future.

Still, while Joe Biden wants to talk about his achievements as Vice President, he has all this baggage. Indeed, the rest of us are looking at his record in the U.S. Senate. Biden voted for the Iraq war in 2002. Some consider that vote his “blackest mark” in his foreign policy past, and an “Achilles’ heel” of his candidacy. Based on blatant lies about “weapons of mass destruction,” the war cost us more than a trillion dollars and plunged Iraq into a devastating civil war. Biden apparently knew it was a lie but went with it anyway.

The Author of Mass Incarceration

Joe Biden has a long record of leadership creating the mass incarceration that continues to decimate Black and Brown communities. Over a 10-year period, Biden wrote multiple “measures to increase incarceration and prisons. He advocated for tougher prison sentences for drug offenses, particularly crack cocaine, despite its inherent racist impact.

In 1984, Biden worked with racist segregationist hero Sen. Strom Thurmond to expand federal drug trafficking penalties and civil asset forfeiture. Biden wrote and sponsored the 1986 crime bill that created sentencing disparity between crack cocaine and powder cocaine. In 1989, he delivered a drug policy address that called for more police, more prosecutors and longer sentences. Biden helped write the 1994 federal crime bill that increased sentences and funding for state prisons. He sometimes refers to it as “the Biden Crime Law.

The Enabler of Clarence Thomas

Biden claims that he “did everything in my power to defeat Clarence Thomas.” The actual history is very different. It has long been known that Biden cut a deal with Republican Sen. John Danforth, Thomas’ main sponsor, to end the 1991 confirmation hearings quickly. Biden told a group of women legislators that he had promised Danforth “in the men’s gym that this would be a very quick hearing.”

Former Rep. Pat Schroeder (D-Colo.) and six other female Democrats asked Biden to conduct a complete investigation and delay Thomas’ confirmation. Instead, Biden kept his word to Danforth. Biden refused to allow three other women who would have corroborated Anita Hill‘s testimony to testify. Schroeder says “[T]o have railroaded that through and not listen to the other three women and let his colleagues absolutely tear [Anita Hill] apart was absolutely horrible.” Anita Hill believes that the #METOO movement might have begun in 1991 if Joe Biden had done his job. Anita has “made it clear that Biden is not her candidate for President.”

Pro-Choice or Not?

In this time, a woman’s right to choose what to do with her body is being taken away. Joe Biden is seen by many as “the unreliable pro-choice advocate.” Here’s why:

1970s-80: Biden voted for the Hyde Amendment which bars federal funding of abortions

1977: Biden supported the toughest anti-abortion measure ever – an amendment to deny abortions in cases of incest and rape

1981: He proposed the Biden Amendment to the Foreign Assistance Act which continues to bar U.S. aid from being used for biomedical research related to abortions

1982: He voted in favor of a constitutional amendment to allow states to overturn Roe v. Wade

1983: Biden voted five times to bar the Federal Employees Health Benefits program from funding abortions for federal employees

1988: He voted against adding a rape and incest exception to the Hyde Amendment

As late as 2003, Joe Biden’s score on support for abortion rights by the National Abortion and Reproductive Rights Action League (NARAL) Pro-Choice America was only 36%. It improved to 100% in more recent years, starting in 2006. The question is whether we can count on him to fight the battle for a woman’s right to choose or will he revert back to “states’ rights?”

A Supporter of “States Rights”

In fact, on Thursday, June 27, 2019, Joe Biden reverted to “states’ rights.” When challenged by Sen. Kamala Harris about his opposition to busing to integrate schools, Joe went back to his roots: “states’ rights.” The unmasking of Biden’s baggage on the issue of race is now complete.

Biden led the fight against school busing for at least a decade. He sponsored numerous measures to stop busing, working with notorious racist segregationists. In 1975, after Sen. Jesse Helms‘ amendment failed, Biden crafted his own bill to bar federal funds to help school districts integrate.

Sen. Edward Brooke (R. Mass.) (Credit: Getty Images)

Sen. Edward Brooke, the first Black man elected to the U.S. Senate after Reconstruction, called Biden’s bill “the greatest symbolic defeat for civil rights since 1964.”

Joe Biden’s baggage is real and should weigh heavily in any consideration of his candidacy for President. We owe those who fought on the right side of history to make the country a better place at least that much. #BlackWomenLead

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