Well, Zemir Begic is already down the memory hole, it seems (who?), along with executive action on amnesty, etc. Now it’s Eric Garner, all the time, and race-hatred is ablaze in the streets again — the flames whipped up, as always, by those who delight and luxuriate in cultural arson.
Mr. Garner’s story is a sad one. It’s terrible that he died the way he did: crushed by a smothering State for violating a confiscatory cigarette-tax, while the regnant panjandrums of that same vast State openly flout the rule of law, and defiantly reward foreign invaders by the millions for doing the same.
The catalyst here is a grand-jury’s failure to indict the police officer who threw his arm around the mountainous Mr. Garner’s neck and wrestled him to the ground. The assumption appears to be that the constable should have been charged with something; after all, nobody can deny that the ‘efficient cause’ of Mr. Garner’s death was his manhandling by the cops.
A grand jury, however, is charged with determining if a crime has been committed.
Some have focused on the type of headlock used by the policeman in question, on whether it was a ‘chokehold’ of the sort that the police have officially declared impermissible. But this ban is only police policy; it is not a matter of law. If the officer did use such a chokehold, he may well deserve, and get, severe discipline at the hands of the department — but it is not by itself grounds for a criminal indictment. Moreover, I know a thing or two about chokeholds, and it is not likely that Mr. Garner would have been complaining vocally about his difficulty breathing if he was in the grip of any of the sort of chokeholds I’m familiar with.
Mr. Garner was grossly obese, and I understand that he suffered from a bouquet of morbid afflictions: cardiovascular disease, hypertension, and severe asthma, to name a few. I’ve heard he could walk no more than a block without resting. He was in no condition for a wrestling match with a half-dozen determined opponents.
As disgusting as it is that Mr. Garner had to be arrested at all — he certainly doesn’t seem to have been bothering anybody, as far as I can tell, other than the merchant outside of whose premises he was selling ‘loosies’ — he was going to be arrested. He refused, and he resisted.
At this point, what are the police to do? Tase him to the ground? If so, the outcome would likely have been the same. Use their batons instead? Ditto. Do you think it is easy to subdue an unwilling man who weighs, at a conservative estimate, over three hundred and fifty pounds? It is not.
Have we reached the point where we want to forbid the police to use force, when necessary, to make arrests? Approach this idea with caution, for to grant a monopoly of physical force to the State, except in cases of immediate self-defense, is the very bedrock of the social contract that makes civilization possible. All of our laws, no matter how trivial, ultimately rest upon this foundation. Did you get a parking ticket? You will pay it, or be expected to appear in court to explain why. You don’t show up? A warrant will be issued for your arrest. Men with guns will come to your home to take you into custody. You won’t go? Then you will be physically compelled to go, with escalating force. At the end of that stepwise continuum of force is lethal force, and it will be used if necessary.
Would you like to repeal this arrangement? To declare it null and void? Then you will have plucked out the keystone that holds up the enormous, loadbearing arch of civilization, and you have chosen chaos and revolution. Perhaps something better will come of it in time, if you can make it so; the historical odds are not strongly in your favor. But there will certainly be an interval of sanguinary barbarism, and much that you hold dear will be destroyed.
Might the grand jury have found reason to indict the officer involved? Perhaps. But they considered the evidence, and the law, and they did not. I can say with perfect certainty that they spent a great deal more time and effort considering the evidence in this case, and the relevant aspects of the law, than any of you reading this have, and more than any of that mob now clogging the streets did, either.
Now Mr. Al Sharpton denounces the grand-jury system itself — which has a certain depressing irony, because the grand-jury system exists precisely to give a bulwark to the people against the excesses and abuses of arbitrary and despotic prosecutors. Predictably, and with the undeviating centripetal obsession of the Left, he calls for ‘centralization’: the subordination of all local justice to the Federal sovereign (in relation to which august presence Mr. Sharpton currently stands in the role of Grima Wormtongue).
It really is a shame about Mr. Garner. He shouldn’t have resisted arrest, though; it’s never a good idea, and you can’t win. If he hadn’t done so, he would still be alive today, for whatever fleeting season his moribund phsyiognomy would have granted.
It’s also a shame — a terrible, depressing shame — that we must send the police out to enforce, with the awesome power of the State, this malignant, suffocating neoplasm of stupid and unnecessary laws.
But none of what I’ve said here matters, really. Events will unfold as they will. And they will.