Kevin Carey narrates the story of four African American defendants on trial for murder, drug trafficking, and several other charges. It’s a pretty conventional story up until the beginning of the trial:
“I am not a defendant,” Mitchell declared. “I do not have attorneys.” The court “lacks territorial jurisdiction over me,” he argued, to the amazement of his lawyers. [...] Judge Davis ordered the three defendants to be removed from the court, and turned to Gardner, who had, until then, remained quiet. But Gardner, too, intoned the same strange speech. “I am Shawn Earl Gardner, live man, flesh and blood,” he proclaimed. Every time the judge referred to him as “the defendant” or “Mr. Gardner,” Gardner automatically interrupted: “My name is Shawn Earl Gardner, sir.”
It turns out that this defense tactic was not novel. Carey traces the thread of history that leads back to the origin of this legal thinking:
Although Mitchell and his peers didn’t know it, they were inheriting the intellectual legacy of white supremacists who believe that America was irrevocably broken when the 14th Amendment provided equal rights to former slaves. It was the ideology that inspired the Oklahoma City bombing, the biggest act of domestic terrorism in the nation’s history, and now, a decade later, it had somehow sprouted in the crime-ridden ghettos of Baltimore.
This was probably the best piece I’ve read all month.
- Link: Too Weird for The Wire
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