President Trump is trying to claim the mantle of law and order: he has urged governors to crack down on demonstrators and threatened to mobilize military forces, not to mention boasting of the ferocity of his White House guards and their willingness to rough up a crowd. Just one little problem with all this: he is trying to impose order without respecting the law. Remember when he urged police not to be too gentle when arresting people? That’s essentially what he is urging now, on a grand scale.
The law does not allow the use of American military forces for domestic law enforcement, with the exception of the National Guard when mobilized not by the President but rather by governors. The law requires police to respect the right to life, not to suffocate a handcuffed prisoner with a knee on his neck. The law does not allow the President’s guards to mistreat demonstrators. Nor will doing any of those things bring order.
Of course his 40% of America understands that Trump’s crackdown will not be on them. The Trumpians are almost entirely white and mostly male. They will continue to carry their guns into state capitals to intimidate legislators. They will continue to act as agents provocateurs attracting demonstrators into violent acts. Trump’s targets will be his political opponents: Antifa is his convenient smear for them. And he has claimed, with no evidence whatsoever, that they are acting on behalf of his political opponent, Joe Biden.
This is not law and order. It is no law and no order. It is intended to provoke a violent reaction, which then helps to justify the escalation of the violent crackdown. Trump’s autocratic impulses have long been apparent. The current disorder in American cities provides him with the perfect excuse for acting on those impulses. The order he wants is a diktat: freedom for his supporters, imposed discipline for everyone else.
That is not the only reason the violence is unwise. It will also limit participation in the protests and lessen the political pressure to undertaken the difficult law enforcement reforms required. It is all too obvious that America’s police need retraining to “serve and protect.” Instead, police departments will feel justified in continuing to acquire the vast arsenal of military equipment the Federal government makes available to them. That, in turn, isolates the police from citizens and provokes hot heads to raise the ante with even more violence.
This kind of violent spiral is a losing proposition for both the protesters and the police. The protesters end up with less support. A lot of people aren’t going to join the protests if there is a risk of violence. The police have to use more and more violence to impose their will. That puts them at risk too. The best policing is community policing that is in close touch with the citizens. It requires dialogue and understanding, not tear gas and flash/bangs. Order prevails when communities feel the police are on the citizens’ side. That’s what we teach abroad. That’s what we should do at home.
Here is the no law and no order President posing awkwardly yesterday with a Bible he all too clearly finds an alien object in front a Church opposite the White House. He had peaceful protesters teargassed so he could do it, without asking the church’s permission:
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