Obama's Reminder: This is a Country, Not a Courtroom
Barack Obama's invitations to Henry Louis Gates, Jr. and Cambridge Police Sgt. James Crowley to visit with him at the White House vindicate his election by reminding us, as perhaps only Obama could in this case, that ultimately this is a country, not a courtroom.
The case shows well that, although law is indispensable and decisive in framing, prodding, and enforcing our reckonings on race, the law and those who execute and enforce it aren't the only or even the best framers or deciders.
It's sometimes painfully necessary to remind lawyers of this, especially in matters touching race -- and precisely because, in those matters, law sometimes does offer the only hope for justice. With his phone calls, especially to Sgt. Crowley, President Obama -- a black man who is a former professor of constitutional law, activist, and legislator -- is reminding all of us that law is a vitally necessary but not a sufficient condition of justice.
So, what would be "sufficient"?
Not just the facts and the law. Most white readers of TPM are aware of the facts relevant to what black men put up with from white police officers. Not all or even most white officers abuse black citizens, but documented and/or highly credible accounts of abuse are numerous, unambiguous, and damning.
So what was the legal problem with Gates' reaction? As I wrote here yesterday, there wasn't any problem that warranted his arrest. But that's only the beginning of a discussion (like this one) that is not a litigation but a civic reckoning, without whose constant renewal law shrivels and dies.
In trying to advance that reckoning a little bit here, not as a judge or lawyer but as a writer and journalist who has seen many incidents like this (I was involved in one thirty years ago) I'm saying that it's likely and understandable that Gates' fatigue after a long flight from China, his irritation at having had trouble opening his front door, his knowledge of the black experience I've mentioned, and his all-too human and richly endowed penchant for dramatizing that history and himself (which I have witnessed), all came together upon seeing a white cop at his door. And this produced a reaction Sgt. James Crowley didn't deserve.
Yesterday I linked the best assessment I've seen, by a New York police captain who wouldn't have arrested Gates but sees both sides of the story really well.
Even if Gates' understandable reaction wasn't therefore really well-justified or appropriate, neither was Sgt. Crowley's reaction in arresting him. If Crowley is the honest, by-the-book cop he seems to be, then his own reaction, too, was understandable but inappropriate and unjustified legally -- and Crowley is, after all, an officer of the law. But he's also a human being operating under his own quotient of job stress and extensive, nuanced experience.
The biggest non-surprise of this incident is that the President of the United States had a human reaction, too, not only an official one. Recognizing quickly that he had made an inappropriate, politically and morally consequential remark by using the word "stupidly," Obama invited Crowley and Gates to the White House.
Just imagine it: Three all-too-human beings will sit down and talk their way to common ground with the whole nation following, rather than sue or assail one another!
Obama's "teachable moment" clarifies something I wish certain of my lawyer- and activist-friends would acknowledge more often: Laws work best when they're passed on the cusp of a public consensus that's been nourished by a politics of persuasion through democratic, civic dialogue (and moral witness, and sometimes exemplary civil disobedience).
That includes the dialogue we're having right here and the one I hope they'll have at the White House.(Memo to Skip Gates: Don't be too clever by half. No charming condescension, please.)
The kind of dialogue we must hope forhere is no frill. It's not just "talk." It requires a discipline that's necessary to freedom. Free citizens need to be socialized and trained for it. Civic-republican truth-seeking like that makes this country strong. People who short-circuit or distort and degrade it to reach for "higher" truths or selfish ends are dangerous - even if they're lawyers on a mission.
We can all easily over-legalize and/or over-moralize situations whose protagonists are basically decent people operating under stress and sometimes consciously bearing burdens of history. Obama is reminding us that good law grows from and depends on a civil society whose members teach one another how to extend trust in ways that elicit trust from others, outside the law, even when they disagree furiously over ends and means.
If a critical mass of citizens don't learn how to generate little self-fulfilling prophecies of civic trust in everyday ways while they're growing up, the society becomes a slippery web of legal contracts and rights and enforcers that is weak as a spider's web.
The proliferation of TV shows featuring Judge Judy or Judge Jingles and so on is sad testimony to such a society's confusion and growing desperation. Soon enough, such a society often turns to more dangerous bases of order, collapsing into the arms of false leadership that's illegal, immoral, and destructive.
The perverse illogic of mistrust and fear that generates more mistrust and fear is fed daily by Fox News and by what too much of the Republican Party and conservative movement have let themselves become. They tell us that Obama is just posturing here, not that he has better reasons to try to help the country get beyond egregious racial profiling. This is a great "teachable moment" because the profiling came from both sides.
Obama's leadership in slowing and perhaps even turning the tide of cynicism toward a logic of trust that begets trust is reinforcing civic-republican leadership and methods I could only dream of and call for -- to the annoyance and disdain of certain lawyers and activists --- as I was writing and defending The Closest of Strangers and Liberal Racism.
Lawyers and activists have indispensable roles to play, but Obama has other roles to play, as well. And so does everyone who's writing, reading, and commenting here.
Apropos which, an important note: If you've read this far, please be sure you know that this column is a sequel to my column of the day before --"Both Were Wrong, But One Was Wronger" -- in which I cite explicitly the elements of class and elitism in this case, as well as some of the relevant facts. Please do read and dsicuss that column with this one




















The whole paragraph resonates with me but I didn't extract the whole paragraph because this is the part I want to muse upon--and besides I expect others will cherry-pick the last of it.
This made me think again of how community organizers work. As King said in the Letter from Birmingham Jail, the purpose of the demonstration is to get people around a table talking to each other. Same deal with the strike as a collective bargaining tool. The collection isn't the union alone--it is union and management sitting down together.
The other thing I was reminded of was Lincoln's Second Inaugural, March 4, 1865--the whole thing, but especially the peroration:
There was no second 100 days for Lincoln. Lincoln lived a month, maybe a little more, and we see the results of revenge/counter-revenge upon the body politic to this day.
July 25, 2009 8:26 AM | Reply | Permalink
"...vindicate his election many times over by reminding us..."
- Really?
Let me get this straight.
Obama calls a health insurance reform "news" conference, where the only news is his wading into the Gates story to defend a friend based solely on media reports; calls the police stupid; then has to arrange for a "surprise appearance" (what is, a pop concert?) to undo the damage he did... and this somehow vindicates his election??
Is there any way Jim Sleeper could set the bar any lower?
The "teachable" moment is the fact that Obama discovers, once again, that when he speaks his true thoughts they are often met with controversy and outrage.
When that happens, he runs back to pretend to be a voice of reason between two extremes.
Gates/Crowley. Alinsky/Coburn. Wright/Grandmother.
It's all posturing, on Gates, from now on.
July 25, 2009 9:23 AM | Reply | Permalink
Lalo 35's claim that this is all posturing is pretty hopelessly wrong. Politically, Obama is one-third Harvard neo-liberal, one-third Chicago pol, and one-third civil-rights movement legatee in the best sense of that term. No one who has observed him doubts that he is justly famous for making a point of learning from his mistakes. That's what he's doing here after using the word "stupidly," which he was unwise to do even though the arrest of Gates was wrong.
People who think that everything in this matter is posturing may be less able than Obama to learn from their mistakes.
July 25, 2009 6:36 PM | Reply | Permalink
No, Jim.
My claim is that it's posturing since the "surprise appearance". It's posturing because once again Obama is walking back from what he said originally to appear as the voice of reason.
And I'm sorry, but the qualifications that you listed have absolutely no connection to an ability to learn from one's mistakes.
Unless of course you are referring to "Not the man I knew".
July 25, 2009 10:10 PM | Reply | Permalink
Lalo35adm - your post indicates that you would do well to remember that, as Warhol said about himself, "I am a deeply superficial person," the media are made up of deeply superficial people.
Safe to assume that any story that even half-way smells of a media event is, well, dryer lint and we all know where that belongs.
July 26, 2009 11:40 AM | Reply | Permalink
Even though I am not a Christian, I have always admired this bit of wisdom from the beatitudes:
"Blessed are the peacemakers: for they shall be called the children of God."
July 25, 2009 9:25 AM | Reply | Permalink
The only problem I have with Crowley and Gates meeting with President Obama, is that, once again if you show you are an ass in public, the bigger the stink you make out of it the higher the rewards. Neither of these men's actions, during or since the incident, is worthy of a private audience with the President.
July 25, 2009 10:15 AM | Reply | Permalink
While I agree with the spirit of your post I also was more impressed with Obama's initial gut reaction than I have been with his cerebral side over the last few months. On the cerebral side, I'd prefer the executive branch to be defending civil liberties with vigor because they've been badly eroded in the last decade and that filters down to law enforcement at the local level.
July 25, 2009 10:47 AM | Reply | Permalink
President Obama is guilty of speaking the truth in this instance. Any thing he said would have been attacked, that's politics.
July 25, 2009 12:14 PM | Reply | Permalink
I agree with you if what you mean is that the arrest of Gates was stupid. But I can't agree with you that it was wise to call the arrest stupid.
That is one of the first and most useful lessons not only of politics but of life in any society. Speaking truth to power is tough enough. Counterintuitive though it might seem speaking truth from power is sometimes even tougher.
There is a much larger truth in Obama's talking with both men than there is in saying that Crowley's arrest was stupid. I'm trying to get at that larger truth in this post.
July 25, 2009 6:40 PM | Reply | Permalink
Edward R. Murrow:
Most truths are so naked that people feel sorry for them and cover them up, at least a little bit.
July 25, 2009 6:59 PM | Reply | Permalink
Getting Health Care Reform sausage making off the news cycle is brilliant!
What I don't understand about the Professor Gates situation is why none of the other officers involved didn't step in cool things down. Were Gates and Crowley both so intimidating?
The reason white reactionary conservative don't understand this is that "empathy" thing. Maybe there's an empathy gene!
July 25, 2009 11:48 AM | Reply | Permalink
Thanks for bringing this point to a public venue. I've wondered, why didn't cooler heads step in?
July 25, 2009 12:16 PM | Reply | Permalink
"why none of the other officers involved didn't step in cool things down"
- perhaps because they thought Crawley was doing exactly what he's supposed to do and wasn't the one who needed to cool down?
July 25, 2009 1:19 PM | Reply | Permalink
This is speculation, but possibly it's partly because we're talking about a Sergeant Crowley. There could be a hesitation to interfere with a sergeant's handling of a case if the other officers on scene were lower ranking. Obviously I can't know for sure since I don't personally know the officers or the police department involved, but I think in the department here there might be some hesitation as long as the situation didn't present clear physical danger.
July 25, 2009 3:03 PM | Reply | Permalink
makes sense
July 25, 2009 3:28 PM | Reply | Permalink
...."by reminding us, as perhaps only he could, that ultimately this is a country, not a courtroom. "
Ha!
What this reminds us, is that when a POTUS shoots his mouth off in public, libeling a law-abiding taxpaying citizen, he's forced to eat his words by that citizen--or else face a possible lawsuit by that citizen.
There is definitely a "teachable moment" here, for both Republicans and Democrats: Don't shoot your mouth off in public about the actions of private citizens, until you have gotten all the facts. And maybe not even then.
July 25, 2009 12:49 PM | Reply | Permalink
then there would be no blogs!
July 25, 2009 3:31 PM | Reply | Permalink
On this, please see my first response above.
July 25, 2009 6:42 PM | Reply | Permalink
And please also see Richardxx's comment below!
July 25, 2009 6:45 PM | Reply | Permalink
Nice try, sinz52.
There was no libel. Not even slander (libel, btw, is written communication). Evidence is mounting daily that Crowley lied in the police report about several items, notably on what the 911 caller said -- thus libeling her. Moreover, the growing consensus of legal opinion -- y'know, people who actually know what they are talking about -- is that Gates's conduct, while perhaps offensive, was not illegal. In a democracy, offending police officers is not illegal, and you don't (or shouldn't) get arrested for it. That's what happens in authoritarian states, better known as dictatorships. You know, like Iran, or Saddam's Iraq. But it sounds like you prefer that kind of state to the democracy we're supposed to be living in.
August 2, 2009 11:51 PM | Reply | Permalink
There was no reason for Obama to comment on the incident as he had little information. Unfortunately, he did comment, and that caused controversy, and like the rest of the spineless Democrats in situations like this he almost tripped over himself getting back in front of the cameras to offer an apology*.
*Although he didn't use the word "apology" that's what it was. It was frikkin demeaning.
July 25, 2009 1:37 PM | Reply | Permalink
I think your political slip is showing.
July 25, 2009 3:32 PM | Reply | Permalink
jonnie,
I have no idea of what you mean
July 25, 2009 3:46 PM | Reply | Permalink
he was ask a question. he answered it honestly. Spineless democrats is not an apolitical term. Your characterization of President Obama's second statement is extraordinarily twisted. Your comment appears to be political diatribe, not based on facts.
July 25, 2009 3:51 PM | Reply | Permalink
Perhaps what happen is that President.Obama made one of his few political gaffes. Gaffes, as I understand it or them--described by Michael Kinsley of (or formerly of) Slate-- is when someone slips up and tells the truth about a situation.
It was a gaffe because President Obama knows of the practice of racial profiling. He has been familiar with racial profiling all of community organizing and legislative years in Chicago and Springfield. He may perhaps have had a racial profiling experience himself.
Being racially profiled isn't a badge of honor. It is quite humiliating. Talking about it before a group of people inspires shame.
July 26, 2009 9:03 PM | Reply | Permalink
these are political talking points
July 27, 2009 9:24 AM | Reply | Permalink
I heard, in one interview with Crowley, his comment that Gates could have defused the situation at any time by backing off.
What I hoped to hear from his interiewer, and did not, was the logical followup: And for your part, Sgt. Crowley, once Gates was known to be in his own home, could you not have also defused the situation by simply leaving, recognizing that your job there was finished?
Of course, there will be racism apologists like "Lowlife" above, who will defend anything a cop does to a black man, no matter how tenuous the premise. They are vermin, and to be regarded with utter contempt. Their views mean nothing.
(Oh, and I am talking about Lowlife, not to him. Someone please illuminate this for him, as he is also profoundly stupid and incapable of recognizing the distinction, to say nothing of being an utter jerk and willing if not eager to leap ahead in any case.)
July 25, 2009 1:52 PM | Reply | Permalink
Are you referring to "no verifiable facts lowlife"?
July 25, 2009 3:35 PM | Reply | Permalink
Genius exchange! OMG/ROFL!
I hope Tony Kushner is reading this site and stealing the dialogue.
July 25, 2009 3:44 PM | Reply | Permalink
Thank you, your comment is extremely complimentary. Should I take this as an apology for your previous demeaning commentary towards me?
July 25, 2009 3:54 PM | Reply | Permalink
I'm glad you see the compliment in it. I'm a huge Kushner fan.
Now if you stop harassing and smearing people you disagree with in every thread and start making reasonable arguments (using upper and lower case, rather than ALL CAPS), then I might apologize.
July 25, 2009 4:45 PM | Reply | Permalink
I'VE HARASSED NOR SMEARED ANYONE!!!!!
July 25, 2009 4:54 PM | Reply | Permalink
July 25, 2009 4:04 PM | Reply | Permalink
Sorry, a link in my previous post points to the end of the comments section. Here is a better one
July 25, 2009 4:11 PM | Reply | Permalink
I read through the entire thread, and the comments. Brandon's discussion, particularly in the comments, was positively Orwellian, justifying just about every authoritarian response possible on the part of the police, and justifying behavior that goes far beyond a police officer's job, which is (in case you've forgotten) enforcing the law rather than, for example, giving etiquette lessons at the point of a gun.
Digby's response to this self-styled "philosopher cop" is here -- and a hell of a lot more eloquent than I could be.
August 2, 2009 11:58 PM | Reply | Permalink
let's hear the tapes!!!
read the following: Gates Says 'Yes' to Beer With Crowley
gates is using the incident to promote his upcoming PBS show. pathetic!
July 25, 2009 4:22 PM | Reply | Permalink
Well said. I couldn't help thinking about Bush and his damned infallibility. Finally we have a president who can admit he overreacted. Teachable moment indeed!
July 25, 2009 4:24 PM | Reply | Permalink
I don't want my president to overreact period. It is a bad sign. Period.
July 25, 2009 8:30 PM | Reply | Permalink
Thanks for that reading from the New York Police officer. It pretty much confirms what I had gotten from first reading Gate's account, then the next day hearing Crowley's account on the radio. The background in police procedure clarified that part to me.
The one thing that seems clear to me is that it still ended up with two men going all testosterone on each other at the end. Gates is sensitive to racial slights, as most African-American men in America are. Anyone who is familiar with the incident a few weeks ago in Dallas where a Black football player was hurrying with his wife to go to Parkland hospital where the wife's mother was dying and ran a stop sign should recognize that police officers often don't act with good judgment. The (White) officer stopped them and simply would not let them get to the hospital in time to be there with the wife's mother died - and the whole incident was caught on the officer's video. Such incidents are a lot more common for African-American men than for White men. Obama's first public reaction reflects the quite justified African-American view of the danger of police acting arbitrarily.
On the other side, Sgt. Crowley is an experienced officer who teaches about racial profiling and no doubt has justifiable pride in his race-neutral personal behavior. More important, he knows the protocol for dealing with belligerent individuals cold. He may have even written it himself. I seriously doubt that there is any significant room for judgment in the official protocol because it is designed to limit the discretion of the perhaps 10% of officers who are in fact racist.
Then, as I understand it, there was an audience, and very likely the situation was clearly one that was going to the media. That being the case, Sgt. Crowley's best course of action was to follow the protocol to protect himself and the Cambridge Police Department.
So between them, Gates was tired, a bit ill, and primed to expect the worst from the police while Crowley no doubt expected to be attacked in the media no matter what he did. Both were angry, and neither was ready to cut the other any slack.
I don't see much chance that the incident could have worked out any way other than what it did.
It's good that America has come as far as it has since Truman integrated the military, but the movement to eliminate racism in America still has a way to go. Obama's effort to make it a teachable moment is an excellent move towards reducing the institutional racism that infused the situation, even though it appears that neither man involved was himself racist. I think the entire incident has created a lot of discussion that was badly needed.
July 25, 2009 6:05 PM | Reply | Permalink
I'm not so much concerned with the Left's "dogmatic absolutism", I'm an absolutist myself. That is, I believe there is an absolute distinction between right and wrong and I do not think that these things are relative. Discerning what is the right and the wrong in a particular situations is another matter. What I am concerned with is BOTH the Left's and the Rights stereotyping events to fit some pre-established notion they have about what goes on in the world-- to use an urbanism : how things go down .
Let us list three possible stereotyped preconceptions that were committed in this case.
1) Professor Gates, full of himself as a VIP of whom (he thinks) everyone in Cambridge knows about stereotyped the policeman as being a racist trying to malign a black man.
2) The Sergeant might have been inclined to suspect Dr. Gates as a burglar slightly more because he is black
and
3) President Obama stereotyped the whole episode as just another example of "being home while black" as some of my friends have coined it.
Of the three I think that the empirical evidence shows that stereotype 1 and 3 were active.
Of the sergeant: did he or did he not incline to believe that Dr. Gats was a burglar more because he is AA or not? It is hard to say. We cannot read into his soul. What he did overtly did not show, as far as I can tell, any bias.
I am sure that if the same thing happened to me and I started to mouth off to the investigating officer, I would probably be put in cuffs and arrested too.
So we come to what someone calls the suicidal tendency of the Left to strive for dogmatic purity, never learning the basic lesson that life is complicated and every case is unique and that to try to fit certain types of cases all into a facile box of "racism" makes things easy but it also perpetrates the distortion of facts and that turns thinking people off.
There is no magic formula that you can bandy around in every event to solve the moral/legal implications of that event. You have to learn to think on your feet and judge things as they come rather than rely on the tired old one-size-fits-all kind of thinking.
July 26, 2009 2:56 AM | Reply | Permalink
I think that Andrew's observations about why there is no magic formula is in the spirit of the "wise assessment" by a NYPD captain which I linked in the post:
http://crookedtimber.org/2009/07/23/police-discretion-a-different-perspective/#more-12139
July 26, 2009 8:35 AM | Reply | Permalink
Let us list a fourth possible stereotyped preconception that might have been committed in this case.
4) The Sergeant, having had his authority challenged publicly and in front of his colleagues, wanted to show who was boss and teach a lesson to the mouthy professor (completely independent of his race).
I think that the empirical evidence shows that stereotype 4 was active.
-- ARG
July 28, 2009 9:28 AM | Reply | Permalink
My sympathy is 100% with Professor Gates. Other commenters have made the point that there was no grounds for arresting the man. The arrest seems to have been cooked up by the cop to retaliate with a citizen. I would hate to think that a police officer could do this to me in my home, even if I was less than cooperative. I also believe that a white citizen would have been treated more favorably in identical circumstances.
July 26, 2009 12:49 PM | Reply | Permalink
Another teachable moment infuses this context: Thou shall not squander one's cachet. There is a difference between a faithful, warm, wonderful and winning leader, and a presumptuous one. The difference is decided on an ongoing basis by us, the people. Trust is a living spirit, not a foregone conclusion. It flows between the trusted and the trusting.
In God we trust, but the half-gods get to be assessed as we go along. For my part, I like the facilitative tone, but nonetheless, difficult subtance is still left for the stakeholders to hash out in minute particulars. Tone setting is necessary, but also insufficient, and inefficient. The last thing I personally want is an "efficient governor."
I am a 4th grade barrio teacher and NCLB, taken alone, is far too efficient to grapple with complexities of educating real children for democratic participation. I want government by the People, these little kids who, the day Obama was elected, asked permission to take down Bush's picture from our classroom, and put Obama's photo up -- before the inauguration. I called for a vote. Up went the picture, and the kids drew hearts all over it. Obama is one of us, my kids decided, and president for all of us. The fine line he walks daily is both his gift and a sacred burden.
July 26, 2009 2:28 PM | Reply | Permalink
I like a President who is confident enough to shoot from the hip with his words, and then is willing to deal with the consequences. Let's cut some slack for the Prez who is willing to admit a stupid choice of words while calling for a meeting in his home so that wisdom can prevail. May they have a productive meeting.
This is a teachable moment in leadership 101 for our nation. Stop nitpicking the incident to death, and listen carefully to their discussion in the White House. We will all learn a valuable lesson here.
July 26, 2009 2:45 PM | Reply | Permalink
Thank you for this, Carey Rowland. It's very important that those of us who feel this way say so, not only here, but in response to people who try to capitalize negatively on only one side of the truth in a story that, in the end, was about decent human beings on both sides (or, with Obama, all three sides) of being all too human -- bearers, that is, of histories beyond their own personal histories.
Not many people understand what cops' jobs are like and what they see and put up with on their jobs. We tend to focus on the parts of it where they can be seen taking out their frustrations and insecurities on innocent people and lording it over them -- as does happen way too often. But there is another side to that story.
Same is true for Gates and Obama -- in any instant (in Obama's case at least until he became President), they can be stripped instantly of anything they have achieved and of the dignity of historical experience and transformed into the probable cause of a crime.
Whenever we read commentaries that play on and reinforce such stereotypes of any of the parties, we have to speak up, as you did here.
July 26, 2009 5:55 PM | Reply | Permalink
Obama presented himself as the worst fears of his critics. A guy who supports "f" the cops, defends the liberal elitist intelligentsia, and then race baits. Good grief.
July 27, 2009 12:21 AM | Reply | Permalink