John Kass, Chicago Tribune Columnist
December 5, 2014
BY E-MAIL
Mr. John Kass
Chicago Tribune
jskass@tribpub.com
Dear Mr. Kass:
I read with interest your column this morning (“Seller of loosies died for siphoning from government,” Chicago Tribune, Friday, December 5, 2014) regarding the New York grand jury’s decision not to indict the NYPD officer who choked Eric Garner to death during an arrest. Garner was selling “loosies,” single cigarettes, for less than a dollar, and was, as you say, “cutting in on the government’s action” (i.e., high cigarette sales taxes). However, I take issue with your position that this is not a racial issue and that the slogan “Black Lives Matter” is “intellectually dishonest” because it “conveniently sidesteps the epidemic slaughter of black-on-black crime.” I draw your attention to another recent incident in which a white citizen who was cutting in on the government’s action resisted law enforcement with a quite different result.
In the spring of this year, Nevada rancher Cliven Bundy, together with dozens of supporters wearing pseudo-military fatigues and carrying enough NRA-endorsed assault rifles to re-invade Granada, faced down agents of the U.S. Bureau of Land Management (BLM) when BLM attempted to round up and remove “trespass cattle” belonging to Bundy.
Bundy’s standoff with BLM began in 1993 when the agency changed its grazing rules in a way that Bundy didn’t like. Five years later, a federal district court entered an order prohibiting “Bundy’s unauthorized and unlawful grazing of his livestock on property owned by the United States and administered by the Department of the Interior… through [BLM].” (See Order 02:98-CV-00531-LRH-VCF (D. Nev. 2013)). Bundy ignored the federal court’s first order of November 3, 1998 enjoining him from grazing his livestock on the subject land and ordering him to pay damages of $200 per day per head (i.e., per cow) for any livestock still on the land after November 30, 1998. On September 17, 1999, the Nevada federal district court issued another order because Bundy failed to comply with the first one. The internet is replete with evidence of Bundy’s lawlessness in failing to comply with both federal law and regulations and several court orders directed specifically to him, so I’ll cut the Bundy dossier short on the assumption that you do not dispute these matters.
When BLM and law enforcement officials attempted to enforce lawful court orders by impounding and removing Bundy’s trespassing cattle from federal lands, he and his armed supporters forced the BLM to back off. Law enforcement then returned the cattle to Bundy to de-escalate the situation. Bundy, his supporters and certain news outlets viewed this as a major blow struck for freedom from tyranny. (“BLM Releases Bundy Cattle After Protesters Block Southbound I-15,” Las Vegas Review Journal, April 12, 2014 ).
Garner’s defiance of the law on selling cigarettes without collecting and remitting required taxes began and ended, literally, in a matter of moments when police choked him to death. Bundy’s defiance of the law had been brewing for more than twenty years before BLM finally took physical action to impound and remove his cattle from federal lands. Bundy’s fines totaled more than $1 million dollars to U.S. taxpayers. Even if Garner had started his loosie cigarette business in 1993, the same year that Bundy began illegally grazing his livestock on federal lands, I suspect he would have owed substantially less than $1 million dollars in total unpaid cigarette taxes.
Garner offered unarmed resistance to lawful arrest that ended with his pleas that he was being choked. Law enforcement escalated the situation with Garner. Bundy, on the other hand, offered the armed resistance of a ragtag militia to federal law enforcement officials enforcing a court order. With Bundy, law enforcement’s first thoughts were of de-escalation. Garner paid with his life. Bundy got his cattle back. Garner was black. Bundy is white.
While you disdain the protests over the Garner incident, I think you’ll agree that there is nothing worse for our society than the belief that white people can break laws that are strictly binding on black people. Sadly, that’s precisely the lesson that the Garner and Bundy cases teach. You claim that the failure to compare the Garner case to black-on-black crime is intellectually dishonest and conveniently sidesteps the real issue. However, the proper comparison for Garner is not the generalized phenomenon of black-on-black crime; rather, the proper comparison is a white rancher in Nevada named Cliven Bundy. Thus, if anyone has been intellectually dishonest or “conveniently sidestepped” the real issue, it’s not the protesters, Mr. Kass. It’s you.
Very truly yours,
Paul G. Neilan
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