On Tuesday, February 16^th 2010, the Justice Department announced that there was not enough evidence to prosecute the New York City Police Department (NYPD) officers involved in the slaughter of Sean Bell for violating his civil rights.  While many of my fellow African Americans are probably disappointed in Eric Holder, (America’s first Black Attorney General), I am not.  After reading the official statement given by the Justice Department, I must say that I was impressed by the way the situation was handled.  I was impressed that representatives of the Justice Department met with the family to explain why they could not move forward.  While I feel strongly that the death of Sean Bell was a heinous crime and violation of his human rights, it was not a violation of his civil rights.  The problem here is that people do not understand the difference and Al Sharpton is either incapable of or has no desire to articulate the difference. 

Al Sharpton has been the most visible civil rights activist for the last two decades.  However, it seems that he is more interested in the change in his pocket rather than changing the legal system that enables police officers to kill unjustifiably and escape criminal prosecution.  I once heard him state that he will go down in the civil rights hall of fame – a statement with which I agree, but not as an effective leader, rather as the most profitable civil rights activist in history.  As a leader he has failed to give a proper analysis of why these acts of police violence go unpunished a la Malcolm X.  Furthermore as a leader he has failed to utilize his significant influence to act as impetus for legislative change to address the issue a la Martin Luther King Jr.       

Civil rights and human rights are very different things.  Civil rights pertain to existing law and limited in scope.  This is analysis was provided by Malcolm X who refused to characterize the struggle of the 60s as a civil rights struggle but a human rights struggle.  Although the NYPD officers’ actions were beyond human decency, they were not in violation of the law.  The law is not about justice or human decency, the law is what is written.  Police violence is not an issue of individual evil but rather a systemic problem of police policy and the legal protections provided to police officers who engage in unjustifiable violent acts.  I could write an entire book about this but there are two things I want to focus on here: (1) the law enforcement policy of entrapment vs. prevention, and (2) the legal term, Color of the Law.

Entrapment— the deaths of Amidou Diallo and Sean Bell were the results of NYPD sting operations.  Sting operations are organized activities that allow police officers that go out and actively look for individuals they perceive are going to commit crimes.  I live in Harlem and I see these “cowboy cops” driving around in obvious unmarked cars looking to trap people in petty crimes.  It would be so simple to increase the visible police presence to provide a deterrent instead of focusing on entrapment.  It would probably be more cost effective too.  The chances of someone committing a crime if there is a police officer visible are significantly reduced. 

Sadly as long as the police officers can prove that they “think” they are doing their jobs they are protected under “The Color of the Law.”  The Color of the Law is a legal term that provides legal protection to police officers and other government employees, such as prison guards, as long as they are acting in an official capacity.  

The act of a state officer, regardless of whether or not the act is within the limits of his or her authority, is considered an act under color of law if the officer purports to be conducting himself or herself in the course of official duties.

Under the civil rights act of 1871 (42 U.S.C.A. Section 1983), color of law is synonymous with State Action, which is conduct by an officer that bears a sufficiently close nexus to a state so that the action is treated as though it is by the state.(legal dictionary)

This is why the NYPD officers were not charged and this is why they did not violate Sean Bell’s Civil Rights.  Indisputable evidence of their intent to kill Sean Bell would have been required in order to convict the police officers on charges of murder.  Negligence and thus man-slaughter are not crimes under Color of the Law— this is the issue that Al Sharpton needs to articulate.  The following excerpt from the Justice Department’s statement explains why they were unable to move forward with an indictment.

Under the applicable federal criminal civil rights laws, prosecutors must establish, beyond a reasonable doubt, that a law enforcement officer willfully deprived an individual of a constitutional right, meaning with the deliberate and specific intent to do something the law forbids. This is the highest standard of intent imposed by law, and is different and higher than the intent standard under the relevant state statutes. Neither accident, mistake, fear, negligence nor bad judgment is sufficient to establish a federal criminal civil rights violation.

Eric Holder’s job is to enforce the laws, not rewrite them.  President Obama is an inspiration but not a leader of Black America. The limitation of being President of all of America is that he cannot focus on Black America for fear of alienating White America.  Thus we are left with Al Sharpton and a bunch of inept city, state and federal legislators.  Legislators who come directly from the African-American communities, where police misconduct is an every way day of life, are often bound to the business elites who fund their campaigns.  Glaring examples of this are the back door gentrification deals that plague inner city neighborhoods.  It should be noted that Al Shartpon was noticeably invisible in the struggle against the gentrification in Harlem – home to his organization The National Action Network.

It is not a question of ability or influence.  Al Sharpton is the only Black person since Malcolm X and Martin Luther King Jr. and who has had the ability to coalesce thousands of people for a cause, while simultaneously mingling with America’s power elite.  But what will his legacy be?  Malcolm left a deep intellectual analysis of our situation as African-Americans.  In fact he was the first to utilize the term African-American.  Martin Luther King Jr. was able to mobilize the people and force the federal government to enact legislation that righted the wrongs of the Jim Crow south.  Both provided unfettering intellectual and moral leadership that Black America has been devoid of since their deaths.  This is what we need, not a modified ambulance chaser.

On October 26^th of 2009 New York Magazine named Al Sharpton one of New York City’s twelve most powerful people.  The other people on that list are: Mike Bloomberg, Howard Rubenstein, Sheldon Silver, Stephen Ross, Jamie Dimon, Herb Pardes, Anna Wintour, Andrew Cuomo, Mike Fishman, Chuck Schumer, and Rupert Murdoch.  The article titled the “Power Dozen” was a side bar to the cover story: “Mike Bloomberg Owns This Town.”  I wonder how much Bloomberg has donated to Sharpton’s National Action Network.  Al Sharpton was almost invisible during last year’s New York mayoral campaign where African American Democrat Bill Thompson almost pulled the political upset of the century.  Michael Bloomberg spent over $100 million of his personal money to win a third mayoral term. Bill Thompson had only $8 million dollars to spend.  I really wonder how much of that $100 million Sharpton pocketed.

Why do I ask that question?  Because I want to know where Al Sharpton gets the money to provide another man’s wife jewelry, a Cadillac, and a Mercedes Benz?  The following is an excerpt from the Village Voice article which details the scandal between Sharpton, his aide Marjorie Harris and her then husband Basil Smikle:  “Though she specifically refused to answer questions about her sudden surfeit of expensive accessories, Smikle noticed a $7,000 Rolex, mink coats, and David Yurman jewels appraised at $1,500 and $4,000.”  (Village Voice - On a New High, Sharpton Hits a New Low)

Why would Al Sharpton have Republican Activist Ron Stone’s credit card during his 2004 Democratic Presidential Campaign? Ron Stone is credited with being the individual that “led the mob that shut down the Miami-Dade County recount and helped make George W. Bush president in 2000” (Village Voice - Sleeping With the GOP)  This is a serious conflict of interest, how can being associated with an individual who has disenfranchised thousands of African-Americans benefit Black America in any way. 

What will Al Sharpton’s Legacy be? If he dies tomorrow (no malice intended) he will go down as the most profitable Civil Rights Activist in history.  I write this in hopes he will read this article and chose to utilize the power and influence he has amassed over the last two decades to bring about some substantial change.  To do something more concrete than being part of high profile situations of police misconduct which lead to substantial civil suits.  Sharpton needs to focus on coalescing Black legislators and actually implementing some laws that will be beneficial to Black America and subsequently all of America.  My suggestions:

1)      Help NY State Governor David Patterson become re-elected

2)      Work with Black Legislators to amend the “Color of the Law Protection”

3)      Advocate for policy changes within the police department rather than vilifying their actions as acts of individual wrong doing.

4)      Do something about the graduation rates of Black Children. 

While his sermon at Michael Jackson’s funeral was something special, Black America needs more, and history will be the witness.