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Utah cops threaten woman with psych ward for refusing guilty plea

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Utah cops threaten woman with psych ward for refusing guilty plea
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Darcy Layton was pleasantly surprised with a free sweater and fruit from her local convenience store—but what she didn’t know was that a more sinister surprise was awaiting her outdoors. Without explanation, local police confronted Layton and ordered her to show ID. Police body camera footage reveals the officer got physical when Layton was slow to give her full name, and arrested her under questionable pretenses. Suddenly facing charges, Latyon was hit with another shock from police: if she did not accept a guilty plea, she would be involuntarily committed to psychiatric hospitalization. Taya Graham and Stephen Janis of the Police Accountability Report investigate the case and examine how it reveals the role of police in enforcing social boundaries by criminalizing mental illness and homelessness.

Production: Stephen Janis, Taya Graham
Post-Production: Stephen Janis, Adam Coley


Transcript

The following is a rushed transcript and may contain errors. A proofread version will be made available as soon as possible.

Taya Graham:

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Hello, my name is Taya Graham and welcome to the Police Accountability Report. As I always make clear, this show has a single purpose. Holding the politically powerful institution of policing accountable. And to do so, we don’t just focus on the bad behavior of individual cops. Instead, we examine the system that makes bad policing possible.

And today, we will achieve that goal by showing you this video of a cop making an inexplicable arrest of a woman who was simply standing on a public sidewalk. A questionable use of power to detain and cage a person who had not committed a crime. But it’s an arrest which reveals the destructive consequences of over-policing and why cops need to be watched at all times. But first, I want you watching to know that if you have video evidence of police misconduct or brutality, please share it with us and we might be able to investigate for you.

You can email us tips privately at par@therealnews.com and share your evidence of police misconduct and please share and like and comment. It really helps us and it can even help our guests and you know I read your comments and appreciate them. And please consider joining our channel and if you click that blue fundraising button over here, you can make a huge difference to help keep us going. If you donate $75 or more or become a $10 a month supporter, you’ll receive an exclusive Real News T-shirt as a special thank you so please consider helping us. You never see ads here and you know we don’t take corporate dollars.

All right, we’ve gotten that out of the way. Now, as we reported on the show repeatedly over and over again, police power is often used in situations that do not justify it, but in fact call for entirely different solutions. There are incidents where people simply need the help of another human being, not a gun, a badge or a set of handcuffs and no use of police power is more indicative of our penchant for applying it to the wrong situations than the video I’m showing you now.

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It depicts an encounter between Darcy Layton and an Ogden, Utah police officer that ended with horrible consequences for her and questions about how the department treats people in need at their most vulnerable moments. The story starts in Ogden, Utah in April 2023. There, Darcy Layton is experiencing what she’ll tell us later was a moment of personal crisis. Not violent, as you will see, or even alarming. She’s just dealing with the consequences of her tenuous housing situation and she’s struggling with the stress of it. She happened at the same time to be standing on a street outside of a 7-Eleven, which is a fact that will be important later. That’s when an Ogden police officer drove to confront her for reasons that remain unknown. Take a listen.

Ogden, Utah Police Officer:

Hey, excuse me. Hey.

Darcy Layton:

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Hi.

Ogden, Utah Police Officer:

Hi. What’s your name?

Darcy Layton:

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I’m sorry, I was kind of praying to God for a minute.

Ogden, Utah Police Officer:

Okay, no, that’s fine. It’s just the people at 7-Eleven don’t want you here so can I get your name?

Darcy Layton:

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Oh, they didn’t tell me that [inaudible 00:03:01] been in there.

Ogden, Utah Police Officer:

Okay, well what’s your name? What’s your name? Hey, stop. Stop.

Taya Graham:

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Now, you will notice as the officer exits the vehicle, Darcy was clearly standing on a public sidewalk, not on the property of a 7-Eleven. And as is her right, since the officer had not expressed reasonable, articulate suspicion that she had committed a crime, she had declined to identify herself and simply exercise her right and walk away, but the officer decided to pursue. Take a look.

Ogden, Utah Police Officer:

Hey, what’s your name ma’am? Ma’am, what’s your name?

Darcy Layton:

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I’m okay. I just would go for a walk, I’m okay.

Ogden, Utah Police Officer:

What’s your name?

Darcy Layton:

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I didn’t shop with [inaudible 00:03:51].

Ogden, Utah Police Officer:

Okay, what’s your name?

Darcy Layton:

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I’m going to go. I’m fine. I haven’t done anything wrong.

Ogden, Utah Police Officer:

You’re not leaving.

Darcy Layton:

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I’m fine.

Ogden, Utah Police Officer:

You’re trespassing. They want you out of here.

Darcy Layton:

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I am walking off the, wait, wait. I’m not trespassing. I’m on public road.

Taya Graham:

First of all, the officer has not established that she has committed a crime. Yes, as you heard, he accused her of trespassing. But given that she seems far removed from the actual property of the 7-Eleven, that is at best, a questionable allegation. Still, without any evidence of intent of a crime, he continues to try to detain her – watch.

Ogden, Utah Police Officer:

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Come back to my car.

Darcy Layton:

I was on a public road.

Ogden, Utah Police Officer:

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Come back to my car.

Darcy Layton:

Public road, public road.

Ogden, Utah Police Officer:

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Come, stop.

Darcy Layton:

Let me go.

Ogden, Utah Police Officer:

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Stop.

Darcy Layton:

What the you fuck [inaudible 00:04:30].

Ogden, Utah Police Officer:

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Stop.

Darcy Layton:

Fuck, fucking God. Oh my God.

Ogden, Utah Police Officer:

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Stop.

Taya Graham:

Okay, so for some reason that I cannot conceivably justify legally he puts his hands on her and I will note at the time this occurred, she was not threatening anyone and she was in the process of leaving the area, as I will repeat, is her right. Therefore, the question at this point is why did the officer put his hands on her? What exactly is the crime? Take a look for yourself and decide if this use of force is justified.

Darcy Layton:

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[inaudible 00:05:03].

Ogden, Utah Police Officer:

Stop.

Darcy Layton:

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Fucking stop, fucking God. Oh my God.

Ogden, Utah Police Officer:

If you don’t stop.

Darcy Layton:

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Fucking hell.

Ogden, Utah Police Officer:

Get the fuck off [inaudible 00:05:17].

Darcy Layton:

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Rick, you got a PP.

Ogden, Utah Police Officer:

Hey, don’t feel my leg.

Darcy Layton:

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Rick you got a PP. God, damn you.

Taya Graham:

Before I weigh in on the legality of this arrest or what the law entitles the officer to do, at this point I want you to take a look at something that we see quite often when watching police body cameras, but rarely discuss, the way the officer initiates pain compliance. Now you can see how the officer bends her arm up into her arm socket. This is an extremely painful maneuver that can have lasting physical effects. Just recall our last show when Eddie Holguin was still suffering from the ongoing nerve pain of a previous arrest when the police arrested him again and caused pain in the same arm. Still, despite the risks, along with the obvious fact, Darcy is hardly a physically formidable detainee, the officer continues to press her arm up and into her shoulder, see for yourself.

Ogden, Utah Police Officer:

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Stop.

Darcy Layton:

Fucking hell.

Ogden, Utah Police Officer:

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Get the fuck off [inaudible 00:05:17].

Darcy Layton:

Rick, you got a PP.

Ogden, Utah Police Officer:

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Hey, don’t feel my leg.

Darcy Layton:

Rick you got a PP. God, damn you. [inaudible 00:06:44] Fucking bullshit [inaudible 00:06:44]. God damn.

Ogden, Utah Police Officer:

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Okay, give me your other arm. Give me your other arm.

Taya Graham:

Now, I really want you to think about what you’re seeing here. A woman pressed into the ground on the wet sidewalk, her arm dangerously pushed up into her back and is facing this physical duress for doing what exactly? What was the crime here? What was the threat to the public safety? A couple of 7-Eleven employees didn’t like her. Is that how we justify the use of force? Let’s just listen and see if the officer shares the particulars of the crime upon which he bases his use of force.

Darcy Layton:

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Fuck.

Ogden, Utah Police Officer:

You’re being ridiculous.

Darcy Layton:

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Don’t you dare, mother fucker. Fuck, your mother.

Ogden, Utah Police Officer:

Sit up.

Darcy Layton:

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It’s okay, fucking your mother.

Ogden, Utah Police Officer:

Sit up.

Darcy Layton:

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If you’re okay with fucking your mother. Fuck you, bullshit, [inaudible 00:07:36].

Ogden, Utah Police Officer:

Please stand up.

Darcy Layton:

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Fuck Eddie. God damn it. Fucking, what is your problem?

Ogden, Utah Police Officer:

Come on.

Darcy Layton:

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What did I do?

Ogden, Utah Police Officer:

Put your shoes on.

Darcy Layton:

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What did I do?

Ogden, Utah Police Officer:

Let’s go.

Darcy Layton:

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What did I do, please? What did I fucking do? You, God damn it.

Ogden, Utah Police Officer:

What did I do? What crime had I committed? A fairly simple question and yet the officer does not answer it. Now, instead, he ridicules Darcy and continues to implement pain compliance, a situation that only gets worse as he forces her into the patrol car all the while maintaining his silence about her alleged crime.

Darcy Layton:

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Please, what did I fucking do? You God damn it.

Ogden, Utah Police Officer:

Stop. Stop. Do you have anything on you shouldn’t have? What’s your name? Huh? What’s your name? I’m going to add another charge.

Darcy Layton:

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I’m sorry please be nice.

Ogden, Utah Police Officer:

Get in.

Darcy Layton:

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Fucking bullshit.

Ogden, Utah Police Officer:

Get in.

Darcy Layton:

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Please be nice. Who are you?

Ogden, Utah Police Officer:

Police, get in.

Darcy Layton:

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Please, who are you?

Ogden, Utah Police Officer:

Get in.

Darcy Layton:

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Who are you?

Ogden, Utah Police Officer:

Get in. Get in please. Can you put your feet in the car please?

Taya Graham:

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I’m going to add another charge. Well, that’s interesting. For what exactly? Because you can’t have a secondary offense without an underlying crime to justify it, right, officer? So what exactly is the first offense that justifies the second? Because as far as I can tell you never really made clear what the initial reason for the arrest is. And let me say this as well, this particular arrest up until this point embodies many of the problems people endure when they push back on the state of law enforcement in this country.

This is why people don’t trust the police because so far the officer has been less than forthcoming about his justification for this violent arrest, and yet he has been more than articulate about his disdain for Darcy, which incidentally, is not a crime. In other words, you can’t arrest people that you don’t like. But still the officer persists and continues to refuse to answer questions. Just watch.

Ogden, Utah Police Officer:

Get in, please. Can you put your feet in the car please? It’s soaking [inaudible 00:09:57].

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Darcy Layton:

I’m very hot.

Ogden, Utah Police Officer:

What’s your name?

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Darcy Layton:

I’m sorry.

Ogden, Utah Police Officer:

What’s your name?

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Darcy Layton:

Ah.

Ogden, Utah Police Officer:

Huh? What is your name? What’s your name?

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Darcy Layton:

I don’t know.

Ogden, Utah Police Officer:

Huh?

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Darcy Layton:

I’m sorry.

Ogden, Utah Police Officer:

What’s your name?

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Darcy Layton:

I just kind of daydreaming for a minute.

Ogden, Utah Police Officer:

Okay. What’s your name?

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Darcy Layton:

I don’t know. I don’t remember. [inaudible 00:10:23]

Taya Graham:

But now perhaps the officer realizes that he has made an arrest for no good reason so he starts to make an accusation on body camera, the one that seems problematic, if not impossible. Take a look.

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Darcy Layton:

I’m sorry I fucking [inaudible 00:10:39] myself I didn’t mean to you.

Ogden, Utah Police Officer:

Lean your up a little bit.

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Darcy Layton:

Am I dead?

Ogden, Utah Police Officer:

Why did you scratch me? Did you bite me?

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Darcy Layton:

They drowning me in the fucking hole.

Taya Graham:

Did you bite me, seriously? This is what we like to call body worn camera performance. You know, I don’t have reasonable articulable suspicion or probable cause to make an arrest, but what I do have is the ability to perform my own version of stop resisting on body worn camera to justify any actions that might not meet the actual legal threshold for putting someone in handcuffs. Now, I’m not going to review the entire video, but here are a few excerpts and you tell me when and where she had the opportunity or inclination to bite the officer. Let’s watch.

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Ogden, Utah Police Officer:

Stop.

Darcy Layton:

What the fuck.

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Ogden, Utah Police Officer:

Stop.

Darcy Layton:

Fucking, fuck. What the hell?

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Ogden, Utah Police Officer:

Stop.

Darcy Layton:

Fucking dick.

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Taya Graham:

So I, for one, didn’t see it and if you did, please leave a comment sharing where you did if you do indeed think she tried to harm the officer. But for the record, the bite may have been literally impossible because as Darcy shared with me later, she didn’t have her dentures in. But in the meantime, there is much to reveal about what led up to the arrest and the way police in Ogden, Utah have been aggressively targeting members of the community that we will unpack for you when we speak to Darcy and her boyfriend, Eddie Clegg, details, which only make the circumstances surrounding this example of over-policing even more questionable. But first, I’m joined by my reporting partner, Stephen Janis, who’s been reaching out to the police and examining the evidence. Stephen, thank you so much for joining me.

Stephen Janis:

Tay, thanks for having me, I appreciate it.

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Taya Graham:

So Stephen, how are police justifying the arrest? What crime did Darcy commit?

Stephen Janis:

Well, I looked at the charging documents. We obtained them from the police department. Pretty simple. They charged her with some very questionable crimes that don’t seem to match the body-worn camera, namely trespassing and then interfering. But of course interfering would be a secondary offense to trespassing. And if you look at the video, you could see that she’s clearly on the sidewalk, I think, although the snow is covering, but not on the property.

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But what they did because of those charges is that they had her plead guilty to the trespassing, threatening to charge her with that other bogus charge, which is injuring a police officer, which again, on video clearly contradicts what the officer was saying. So really it’s an example of law enforcement using their powers, to strong-arm someone into giving up their rights.

Taya Graham:

Okay, so wait, you’re saying Ogden, Utah prosecutors actually threatened her with charges of assaulting an officer. What was the plea offer and what eventually happened?

Stephen Janis:

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Yeah, I mean Tay, it’s amazing. What they use is that very, I think questionable charge of trespassing to then intimidate her and saying that she was going to have to plead guilty of something that clearly wasn’t on body-worn camera, which just shows you how ridiculously ill-equipped I would say, our justice system is to defend people who can’t afford a high-priced lawyer. I’m sure if she had an expensive lawyer, that case would’ve been tossed in a second, but instead she ended up spending time in jail having plead guilty to a crime she didn’t commit.

Taya Graham:

Stephen, it seems to me that police are targeting this area’s unhoused population. What does this use of police power say about the underlying imperative of it and how does this jive with some of the theories of police power and its role in capitalism?

Stephen Janis:

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Well, Tay, let me go back to what I just said. Let’s do a little thought experience. Imagine if all these unhoused people had expensive lawyers who could fight back and question the police, question the charges, question the legality, put officers on the stand and put the legal system on the stand as well. Let’s imagine what would happen. Do you think they’d be harassing these people? Do you think they’d be arresting them and pulling them in for charges they didn’t commit? Do you think so? I don’t think so. And that just shows you that our justice system is for sale and it goes to the highest bidder and that’s the problem we see here. People don’t have a way to defend themselves. They don’t have access to the same services that rich people do. And so police mess with them. That’s all this is. That’s what it is.

Taya Graham:

And now to talk about their encounters with police prior to the arrest we just watched and how law enforcement continues to harass them, I’m joined by Darcy Layton and her boyfriend, Eddie Clegg. Darcy and Eddie, thank you so much for joining us.

Darcy Layton:

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Thank you Taya for having me.

Taya Graham:

So first, what were you at the convenience store before you were grabbed by police?

Darcy Layton:

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I had gone for a walk but forgot my ID, my wallet and keys and I had somebody mail it to me, that was mailed to my address and I was just kind of asking if anybody knew where they might’ve moved to because I’d been living there for three years already in my apartment and still receiving mail to this person. Yeah, so I was just taking a break from my house for a minute. I was getting ready to head back home and somebody offered to buy me a drink. I wasn’t panhandling by any means, but it was cold and raining so somebody offered me, they put a jacket on me and offered to buy me a drink and they bought me some bananas and that’s why I was there.

Taya Graham:

An officer approached you but did not seem to explain why you were being stopped or detained or articulate any kind of reasonable suspicion. Did the officer ever explain to you what your crime was?

Darcy Layton:

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I wasn’t catching on, I’m hard of hearing in my left ear and he approached me from my left side and at the time I was saying a prayer and I even mentioned that to him and then he said, “Stop.” So I thought he meant stop praying. But I couldn’t see him. I had been offered a ride home by two people in two white cars and thought it was one of them coming back to offer me a ride again. So I didn’t look. I just kept my eyes closed, praying still when he said to stop. At some point after I saw the video, but I didn’t hear it while I was standing there because of the deafness in my left ear, after they finally released the video over a year later to me, that’s when I heard him say that the store didn’t want me there, but I was already off the property.

Taya Graham:

The officer appeared to be strongly twisting your arm behind your back and then put you face down on the wet sidewalk. Was any reason given for using these pain compliance techniques or even for cuffing you?

Darcy Layton:

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There was nothing given to me, nothing I heard at all. He basically told me that I wasn’t wanted on the property, they wanted me to leave, so I was walking away from the property. I was already off the property. I started to walk away when he said, “Stop.” And so I continued on my way By then I was on the public road, which is not their property anyway.

Taya Graham:

Did the officers identify themselves or give you any information?

Darcy Layton:

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No, they didn’t and would not, I asked them repeatedly afterwards. Even at that point, who are they? Who are you and what’s going on? What did I do? And they would not respond to me and give me an answer whatsoever so I was uncertain of them even being official officers at all. Whatever happened to a rights to remain silent because they never even said anything about that. And so I was just remaining silent and then I felt like I must’ve been so confused because I didn’t realize, know what was going on because they wouldn’t give me any information whatsoever about who they were even when I asked who they were. So I didn’t feel comfortable giving them information about who I was because I’d heard on TV or on the news to make sure that if you don’t trust that they are true officers, to call 911 and go to a store or somewhere where there’s more people and get some real officers on board before contacting or telling them anything. So I didn’t feel I was doing anything wrong here by not giving them my name at first, but I did give them my first name, but it’s not in the video.

Taya Graham:

Darcy, were you injured during the encounter? It looked very painful.

Darcy Layton:

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Yeah. Well I also have previous injuries in my lower back, a slipping disc. It is slipping. There’s no fluid in my, between L-4 and L-5. It just, it’s completely gone so it’s bone on bone already. They were putting their knee in my back pushing so hard that I lost control of my bladder with all their weight on top of me and up in my cervical C-spine now and my neck also with more damage as well. It was hurting pretty bad. Yes, that’s why I was swearing so much. Definitely causing me pain.

Taya Graham:

So the part with multiple officers being on top of you wasn’t shown in the body camera video we have because that body cam was not available because of the cost, right?

Darcy Layton:

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Because I am on SSI for disabilities that I have and I only get, well right now, back then it was just a little over $900 a month. I had been going to that store at least three times a week every month for three years. But the income level is not high enough to retain that. They want $2,000 for the entire footage. So after asking for over a year and getting the run around of nothing coming back to us, they finally released seven minutes of the video to me just last week or week before. So yeah, I had nothing to go on yet, but they still want $2,000 for the entirety of it. And on SSI you’re not allowed to have anything more than $2,000 at a time on hand so how would I survive?

Taya Graham:

If there were three officers present and one of them was on top of you, I have a feeling, and now this is just speculation that the body camera video probably looked pretty bad to have three officers on top of one woman and perhaps they don’t want the world to see that.

Darcy Layton:

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I was face down so it was hard for me to see anything. But when they first pulled me up, I was totally soaked because they had me down in the gutter with a lot of water coming down. Then they were giving me a hard time. They were saying, “Okay, miss no name.” And then they said, “Come on [inaudible 00:19:57]” I mean I’m white, I’m as white as they come and I also read part of his police report and it said he was working overtime and I don’t see crime in the area being necessity for any cop to work overtime in the area. Generally, it’s a pretty calm town.

Taya Graham:

I have seen officers make double their salary with overtime in Baltimore, so I know it’s a precious commodity. What were you charged with and how long were you in jail?

Darcy Layton:

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It was like interfering with arresting officer and failure to disclose information and then they were trying to say that I assaulted the officer and I bit the officer and I scratched the officer. However, I was face down with my arm behind my back the whole time. I don’t see how any of that could have possibly happened and I had no teeth. So yeah, my dentures do not fit right. I choke when I try to eat with food so I don’t even wear them at all, but I’m cool with that. It’s fine.

Taya Graham:

Now, something I noted during the body cam video was the officer started pointing at his arm with his smartwatch and suggested that maybe you had bitten him or was that even possible or was it likely he reddened his own arm while cuffing you? I mean you didn’t even have your dentures in, right?

Darcy Layton:

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Oh yeah and face down like I was, I thought they were going to drown me right there on the spot in the gutter with so much water coming down and then as much pressure as they applied to me with their knee in my back and I could not hold my bladder whatsoever, like I was getting ran over almost by car. It was stupid. And then I believe, they don’t really have calendars in the jail anyway. They don’t treat you very well here in Ogden in the jail. I believe it was like nine days that I stayed there in the jail before they let me out with no medication. I’m schizophrenic, I got Alzheimer’s or not Alzheimer’s, sorry, what is that called? Parkinson’s like movements and Parkinson’s going on, early stages, but I did not get a single visit from a nurse of any kind.

Also, I did read their written report down at the police station. Just recently, they finally allowed me to see that. He stated that I had said my head hurt, which I never did. They said that they brought a paramedic down there to have me checked out before he brought me to jail. It never happened. There was never a paramedic brought by and the whole time I was there for nine days in jail, zero medications brought to me for my conditions.

Taya Graham:

Darcy, that’s awful you didn’t receive your medications while you were in jail. How are you feeling right now though? I mean how are you processing this? What you describe is really awful.

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Darcy Layton:

I have a real hard time being around the officers. Eddie likes to play these videos trying to get them to, he’s just wanting to learn as much as he can about police brutality and them making them do things better and be accountable for their actions and I am stressed out post-traumatic stress disorder and I have to keep getting out the vehicle because he keeps planning so much he doesn’t understand how it causes me stress and I have to go for a walk to get away from it. But I’m having some serious issues. I went and spoke with a therapist just yesterday and it makes me shake. I mean I’m dealing with it, I’m working on it, not letting it bring me down like it was. But yeah, I had some serious, serious issues there and I’m going to get through it though. But yeah, I don’t trust them.

Taya Graham:

So you told us that you’re homeless right now living out of your truck with Eddie. Have the police offered you any help?

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Darcy Layton:

In a truck right now that’s just what we do. Most of them have been a hindrance. We’ve run into a couple of real good ones though that are very helpful. We’ve even had them come to a court hearing just to be there for support with us, a couple months back. She was a really nice lady. She did show up because I was having some real uncomfortable feelings about going around police officers and feeling safe at all and triggering my post-traumatic stress disorder coming in and she showed up and she’s very cool.

Eddie Clegg:

She’s an advocate.

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Darcy Layton:

An advocate. And she even gathered us up some clothes and stuff and a pill medication holder to help me with my medication because I could lose them sometimes in here and sometimes I forget or I’ll fall asleep before I take my nighttime ones. Not purposely, I just check out though. So yeah, it was good to find at least one out there.

Taya Graham:

How did the police generally treat homeless people in the area? Now you’re living out of a truck and at the time of arrest Darcy, you actually still had an apartment. How do police handle homeless people and do they offer any support services?

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Darcy Layton:

At the time of the 7-Eleven incident when I was tackled by the officer or yeah, I was living in an apartment. I had been there for a year and I had just come out on a rainy day with no makeup on and looked like a wet cat already so when I was put into the jail, they were treating me as if I was homeless and the judge even said, or the representative even said, “Well what are we going to do for her address? Where do we send the information?” Because they automatically assumed I was homeless and didn’t even ask me so I don’t know. They have harassed people on Washington Boulevard just because they’re homeless. They stop them and check their bags. One, the other day had just barely gotten released from jail. I don’t know what from, but Eddie got out to record, to make sure he wasn’t bothering him. This guy’s frail and shaky, he’s not doing anything wrong.

Eddie Clegg:

Just got out of jail.

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Darcy Layton:

He’s got his backpack and his belongings, whatever he can carry and you can’t carry hardly anything. You need more things with you than you can carry already, but he’s not doing anything wrong. He’s minding his own business and this guy is messing with him. He picked it up and got out of the vehicle, pulled over the side of the road, got out and started to film, record the guy.

Eddie Clegg:

I watched him go through his backpack. The guy’s telling me somebody stole my wallet, I don’t have any ID, but I got my paperwork. I just got out of jail. He didn’t care about the paperwork, he wasn’t trying to find out who he was.

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Darcy Layton:

And they give camping tickets to people who are laying out on the parks they don’t let you be at the shelter property during the day.

Eddie Clegg:

And he found a beer bottle in the backpack, so he went to his car and he was going to write him up. I know he was. But he hadn’t seen me yet. Talking to the guy, I got it on video and he was telling me, “Yeah, I tried to tell him that I had ID in here, show my paperwork but he didn’t want to see it.” And then when he seen me recording, he got out of his car, he went back over and says, “Well, I’m not going to charge you with anything, you’re free to go.” And he actually zipped his backpack back up. He zipped it back up and they don’t do that. So he knew he was doing something wrong and I was so happy that he did that. I told him that pretty cool of him to zip your backpack up and let you go and I gave the guy $20 and said, “Things are looking up for you, hang in there.”

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Taya Graham:

How do you think the police should have handled this encounter? I mean you were off 7-Eleven property when they approached. I mean how do you think this could have been handled differently?

Darcy Layton:

Well, afterwards when I finally, like a year later, by the time they finally let me see the real video, they should have called for probably paramedics or took me to the hospital because knowing, I took some college courses myself in physiology and psychology and all that. I know, based on watching the video that I needed to go get checked by a doctor mentally because I was a little out there that day because of the schizophrenia, but I still was not doing anything wrong and he is the one who needed to be checked out, not really me.

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Eddie Clegg:

So yeah, he had no right, he wasn’t called there. They didn’t tell her to leave. They would’ve told her.

Darcy Layton:

Rogue. He’d gone rogue.

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Eddie Clegg:

Yeah, he told her they didn’t want her on property, she started to leave, he should have let it go with that.

Darcy Layton:

Because that’s what he told me. Basically, they don’t want you here, they want you to leave. And so I started to leave as he told me and then he grabbed me for no God damn reason.

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Taya Graham:

I think it’s so important for people to understand how people who are on hard times are treated in your area and how an arrest can really alter the course of someone’s life. Thank you. Darcy and Eddie.

Now, as with many of the police encounters we unpack on this show, there is always more to comprehend than just the questionable actions of an overly aggressive cop, motives and imperatives so to speak, that need to be fully understood so that we can get to the root cause of what makes such questionable police behavior possible. Now, one aspect of police power we witnessed in this arrest that is critical to the broader mission of law enforcement is how the officer was able to control space. In other words, as you watch the arrest, you notice the officer has the ability to set arbitrary boundaries and use them to put it mildly to entrap Darcy.

Now when I say entrap, I use that word for a reason because as you witnessed on the video, the officer didn’t care about what was a public sidewalk versus what was private property and he wasn’t the least bit interested in what constituted a public roadway versus what was the private purview of the 7-Eleven, the nuances of space were not of concern, instead, he became the arbiter of it. While this fact may seem trivial, it is not because all of the consequences of policing that we have covered on this show, this arbitrary control of space, is the most essential aspect of what makes excessive law enforcement a threat to our civil liberties. It is the malleable ability to deem a person occupying space to be illegal that gives cops one of the most severe holds over our lives. I mean, think about it. There’s a reason the right to peaceably assemble is part of the First Amendment, not the 10th.

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There is an important underlying intention to forcefully stating that the people have the right to redress their government in public space that goes beyond the legal text and into the realm of the truly profound. And what makes it profound is that in effect, those several dozen words preclude just the sort of policing we witnessed in that video. It should at least in theory, make it impossible for an officer to simply determine that anyone standing anywhere could be construed as a criminal simply because they say it is so. Now, imagine for a moment if those words did not exist, imagine for just a second what police could do if the text of the First Amendment had somehow been different. Well, in a sense we live in that reality because as Stephen just told us police had the power to intimidate. Ms. Layton pleaded guilty despite the fact she did not commit a crime.

Cops could literally fashion a crime that does not legally exist just to deny Darcy her right to peaceably assemble. It’s hard to see this type of policing as anything but punishing someone for simply appearing to be homeless. This is a specific expansion of police power that has come under scrutiny by an innovative thinker who is warned the consequences of allowing it to grow unchecked. His name is Mark Neocleous and he is the author of the book called The Fabrication of Social Order, A Critical Theory of Police Power. Now it sounds complicated, but I promise it really isn’t because what the book concludes about police power simply exposes the imperative that drives arrests like we saw today. The book’s thesis is that policing in our modern capitalist society is more about order than it is law enforcement, that police play a critical role in maintaining the order of society based upon profit.

In fact, the primary purpose of police is to in fact fabricate an order that would not otherwise exist to create a world where labor is at the mercy of a capitalist elite, and power is a tool of inequality warriors armed with guns and badges. Neocleous argues that the fabrication of order and the resulting influence of police power start with the types of arbitrary power we have just witnessed. In other words, while Darcy’s arrest might seem trivial and insignificant in the broader story of the battle of America’s flawed law enforcement industrial complex, it’s actually where this entire story starts. That’s because the power has to be at its essence, arbitrary. In other words, it has to be applied solely at the discretion of authority. It can’t be precluded or prescribed by law. It simply cannot be limited or curtailed by a set of amendments outlined in the Constitution.

It has to be random, chaotic, and most of all indiscriminate. And what I mean is that in order for this type of police power that Neocleous envisions to proliferate, it must be random, unknowable and infallible. It must be indiscriminate, contradictory, and most of all unfair. And it must embody all of these seemingly contradictory concepts to adhere to the underlying principle that drives it, to sow chaos in the lives of people who can least afford it, to create and fabricate crises in the lives of working-class people that seemingly strip us of our rights and thus our political power. I mean the biggest fear of the elites that run this country is the working class rising up and opposing the political order that currently profits off a record level of wealth inequality. They really don’t want us to figure out that their catastrophic greed is in fact a problem, not us.

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Now having a small handful of people living like kings plundering on natural resources and flying private jets is not what ails us, but it is in fact the result of the underlying chaos caused by intractable poverty that is actually making our beautiful planet uninhabitable. In other words, it’s you, not us, who are the problem. And that’s the point of the policing we watched earlier. It’s overarching control over what should be public space is the most potent facet of bad law enforcement because as the officer manipulated space so too did he manipulate Darcy. As he was able to turn a public sidewalk into an illegal no-go zone. So too was he able to put Darcy in handcuffs, and as he was able to deem the otherwise legally protected actions of Darcy into a crime worthy of the use of force, he was also able to wipe away her civil rights and turn her into a menace to society.

And it is worth noting as Stephen reported from the charging documents and as Darcy related to us, that there was no legal code or law violation recounted in the charging documents. I mean, the officer didn’t even try to cite a law to justify her nine-day incarceration. The only accusation he did make was the unsubstantiated claim that she bit him, an allegation the body worn camera certainly calls into question and as I said, she told me and Eddie that she didn’t even have her dentures in the morning the alleged bite occurred. My point is this is exactly why the growth of police power seems, in essence, to be antithetical to our constitutional rights, why processes like civil asset forfeiture continue to grow unabated as our entire legal system sits by and watches. All of this is the result of police power that has been allowed, or perhaps I should say, encouraged to become as indiscriminate as possible.

It’s just a result of a system expanding its influence through illogic that rather than create a law enforcement system that is rational, predictable, and fair, what we have is a set of protocols that are intended to be exactly the opposite, irrational, unpredictable, and most importantly indifferent to the notion of justice. In this sense, what we have is policing that does not in fact fabricate order, but instead manufactures disorder. What I mean is that police aren’t the gatekeepers of civilized society as some cop-agandists like to argue, but instead, agents of chaos. They literally wreak havoc in our lives like they did with Darcy. And in doing so, only make difficult problems worse for the people who are already suffering. It’s an update on the aforementioned theory of police power and how this power unchecked, moves to our lives. We have to recognize it for what it is and what it is to keep it in check. And when we see it like we did in Darcy’s case, we have to call it out and reveal it as a real threat to civilized society.

We have to let the powers that be known that we see what you are doing and we know what you want to diminish our civil liberties, and we have to be clear that you can’t have them because we are willing to fight to not just keep them but expand them, bad policing or not. We know we deserve better and we will not compromise until we get it.

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I want to thank our guests, Darcy and Eddie for reaching out to us. We really do wish you both the best and I hope that by shining a light on your experience, certain officers will be a bit kinder. And of course, I have to thank intrepid reporter, Stephen Janis for his writing, research and editing on this piece. Thank you Stephen.

Stephen Janis:

Taya, thanks for having me. I appreciate it.

Taya Graham:

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And I want to thank mods of the show, Noli D and Lacey R for their support, thank you Noli D. And a very special thanks to our accountability report, Patreons, we appreciate you and I look forward to thanking each and every single one of you personally in our next live stream, especially Patreon associate producers, Johnny R, David K, Louis P, and Lucita Garcia, and our super friends, Shane B, Kenneth K, Pineapple Girl, Matter of Rights, and Chris R.

And I want you watching to know that if you have video evidence of police misconduct or brutality, please share it with us and we might be able to investigate for you. Please reach out to us. You can email us tips privately at par@therealnews.com and share your evidence of police misconduct. You can also message us at Police Accountability Report on Facebook or Instagram or at Eyes on Police on Twitter. And of course you can always message me directly at Tayasbaltimore on Twitter and Facebook. And please like and comment, you know I read your comments and appreciate them. And we do have the Patreon link pinned in the comments below for accountability reports. So if you feel inspired to donate, please do. We do not run ads or take corporate dollars, so anything you can spare is truly appreciated. My name is Taya Graham and I’m your host of the Police Accountability Report. Please be safe out there.

Speaker 9:

Thank you so much for watching The Real News Network, where we lift up the voices, stories and struggles that you care about most and we need your help to keep doing this work so please, tap your screen now, subscribe and donate to the Real News Network. Solidarity forever.

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Federal Reserve puts on enormous party hat

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This is an audio transcript of the Unhedged podcast episode: ‘Federal Reserve puts on enormous party hat

Katie Martin
A great moment in history has arrived. Rob Armstrong was right about something. Quite against the run of play — shush, Rob — quite against the run of play, the Federal Reserve has cut interest rates — hurrah — from the highest level in decades, and for the first time since the pandemic. And what’s more, it went large, cutting by half-a-point, precisely as my esteemed colleague had predicted.

What kind of voodoo is this? Does the Fed know something horrible we don’t? Cutting by half-a-point is normally a crisis measure, a cry for help. Should we panic about a recession? And really, Rob was right. End times.

Today on the show, we’re going to explain how come investors are ignoring the usual script and taking this bumper cut as a good thing. This is Unhedged, the markets and finance podcast from the Financial Times and Pushkin. I’m Katie Martin, a markets columnist here at FT Towers in London. And listeners, I must tell you, the saddest of things has happened. I’m joined by Rob Armstrong, lord of the Unhedged newsletter. But the sad thing is he’s dialling in from his sickbed. Rob, I’m sorry, you’re poorly.

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Robert Armstrong
I am poorly. It’s terrible. But on a 50-basis-point day, the dead shall rise from their graves. The angels shall sing. And we all . . . we’re all gonna talk about it.

Katie Martin
Yes. Good, strong Barry White vibes I’m getting from this voice you’re busting out today. So, as you say, half a percentage point from the Fed; that’s 50 basis points in market money. Normally central banks love being super boring and they normally move by quarter-point increments. So, I mean, was it the shock of being right about the 50-basis-point thing that pushed you over the edge into sickness?

Robert Armstrong
It could have been. I’m so accustomed to getting this wrong now that it was really paralysing. However, I think, you know, you mentioned earlier, why is the market kind of taking this in stride and seeing this as a good thing? And I think it’s a bit of a communications success by the Fed in that they told the story about this, that they’re not doing this because they have to, because it’s an emergency. They’re doing it because they can.

Katie Martin
So gangster.

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Robert Armstrong
And the reason they can is because they’ve kind of beaten inflation. Right?

Katie Martin
So for people who, unlike us, have a life and don’t sit around watching central bank press conferences, the way this works is they do the decision, they say, here you are, here’s your 25 or 50 whatever basis points, or we’re on hold. This time around, it was 50 basis points.

And then just a little while later, there’s a press conference where the chairman, Jay Powell, gets up in front of like all of the kind of most pointy headed Fed journalists in the world and fields whatever questions. There’s a statement, and then he field whatever questions they want to throw at him. And this for him was the point of highest danger, because the risk of giving the impression somehow that . . . 

Robert Armstrong
Yes.

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Katie Martin
Yeah, we’re really worried. That’s why we’ve done 50. That was a serious risk, right? But instead, what happened?

Robert Armstrong
Well, right from the press release announcing the 50 basis cut, they tweaked the language in the press release so that it was more affirmative and strong on the topic of inflation. We’re really pleased how it’s going on inflation.

Katie Martin
Right, right.

Robert Armstrong
And then in the press release, I mean in the press conference, he just reinforced that point again and again. The line he repeated was the labour market is fine, it’s healthy. It is at a good level. We don’t need it to get any better. We’re not trying to improve it, but we have the freedom to make sure it stays as good as it is.

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And that message seems to have gone through. Markets didn’t move yesterday afternoon. And as a very, you know, opening minutes of trading this morning, stocks are up. So that message seems to have gotten through.

Katie Martin
Yeah. That is skills, actually. You know, I will hand it to them. Because, you know, it’s . . . we’ve said this before on this podcast. Like, it’s so easy to like throw stones and peanuts at the Fed or the European Central Bank, the Bank of England or whatever and say they messed this up. But, like, this stuff is hard. Getting the markets to come away with that sort of impression is not to be taken for granted.

Robert Armstrong
It’s not to be taken for granted. I agree. However, I will note any time you’re trying to spin a narrative and you want people to believe it, one thing that really helps is if the narrative is true. And in this case, I think it broadly is.

I think inflation really does look like it’s whipped. It’s really either at or very close to 2 per cent. And look, with an unemployment rate of 4.2 per cent and basically no increase in lay-offs and the economy is still adding jobs, I think the economy is pretty good. So it’s not like he had to spin a magical tale of unicorns and wizards here. He just had to, you know, make a case based on the facts.

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Katie Martin
Yeah. And and that kind of goes back to the fact that the Fed is not quite like all the central banks in that it has to look after inflation, but it also has to look after the jobs market. And so, you know, again, the risk is that you come away from a decision like this and think, well, you know, those little cracks that we’ve seen in the jobs market, maybe they’re the start of something really big and hairy and awful, but he seems to have massaged this one away.

Robert Armstrong
Indeed. Impressive performance.

Katie Martin
And so the other thing they do in this press conference is they give the general public and sad nerds like us a little bit of a taster about what’s coming next from the Fed, right. So they’re always, like, central bankers are at pains to say none of this stuff is a promise. This is just our kind of best current understanding of the state of the universe. But so, then you end up with this thing called — drumroll — the dot.

Robert Armstrong
The dot plot.

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Katie Martin
The dot plot. Explain for normal people what the dot plot is.

Robert Armstrong
OK. So it’s kind of a grid. And along the bottom are the years 2024 through 2027, and then another column for the infinite future. And then there’s a range of interest rates going up and down on the side. And every member of the monetary policy committee puts a little dot in each year column where they think the rate is gonna be in that year. Cue much speculation about what all this means, how they’ve changed their mind since the last dot plot and, you know, the implications of all of this.

Katie Martin
Whose dot is whose? We’ll never know.

Robert Armstrong
They don’t reveal whose dot is whose. That’s an important point. And by the way, Katie, according to everything we hear out of the Fed, having invented this device, which was supposed to increase clarity and make everyone’s life easier, everyone in the Fed now hates it and wishes it would go away . . . 

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Katie Martin
Damn you, dot plot!

Robert Armstrong
Because it just causes endless, idiotic little niggling questions from people like me and you. But once you’ve invented something like this, if you take it away, people get upset.

Katie Martin
So you look at the dots and you look at what Jay Powell was saying at the press conference and what does it all add up to? Does it mean that, like, OK, they’ve started with 50 basis points, so like 50 is the new 25? Get used to it, boys and girls?

Robert Armstrong
If you look at the dot plot and their kind of aggregate expectations of where rates are gonna go, it is not that 50 is the new 25. The implication is that the rate of cuts is going to be very measured — or might I say stately, from here until they reach their target.

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Katie Martin
Right, right.

Robert Armstrong
And, you know, another point to mention here is where they think they need to go is very important. That’s the kind of last part of the dot plot is, like, where should interest rates be when everything is normal again?

Katie Martin
Because that will happen one day. And . . . 

Robert Armstrong
Yeah, that will happen. They think it’s gonna happen sometime around 2026, 27. We’ll get to where it’s about normal and they’re looking for about 3 per cent rates in the long run and that . . . so that’s where we’re going to. Just to set the context, we cut from 5.5 per cent to 5 per cent yesterday. And the map of the dot plot shows us moving towards a little under 3 per cent over time. And it’s a matter of how quickly are we going to get there, and along the way, are we going to change our mind and decide we have to go somewhere else?

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Katie Martin
Yeah. So is there a kind of joyful hope that maybe the Fed could be, like, boring again and it can just sort of do 25 basis points here and there and just take this kind of glide path lowering rates that doesn’t get people excited any more?

Robert Armstrong
Well, this is the problem about the future is that it is hard to predict and particularly hard to predict with interest rates. The issue is that the economy, the structure of the economy has changed a lot in the last couple of years because of the pandemic and for other reasons. So that final destination point I talked about, which economists call the neutral rate, which is the just normal, everything is boring and steady rate of interest in the economy where everyone has a job, there’s no inflation, everything’s cool, the neutral rate. We don’t know what that number is.

And Jay Powell has this line about it. We know it by its works. And what that means, stated less calmly, is we know it when we screw it up. In other words, we hit it, we go past it. We push interest rates above the neutral rate and stocks have a big puke and the economy starts to slow down and people get fired or we travel too far below it and inflation starts again. So like the Fed over the next couple of years is like walking down this passage in the complete dark and it knows it can’t touch the wall on its left or the wall on its right. Right? But it doesn’t know the shape of the passageway, what direction it’s supposed to go. So it’s just like, well, I sure hope we’re going this way. Dee-dee-dee. And hope it doesn’t hit too low or too high along the way.

Katie Martin
Hope it doesn’t just walk into a wall.

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Robert Armstrong
The history of interest rates is history of feeling your way along in the dark.

Katie Martin
Rob, that’s the most lyrical thing I’ve ever heard you say.

Robert Armstrong
Isn’t it? It’s poetry. It’s because I’m so ill. These could be the final words of a dying man.

Katie Martin
What meds are you on for this cold you’ve got?

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Robert Armstrong
This could be my legacy, Katie. (Laughter)

Katie Martin
I feel like we should kind of wrap up quite soon before you just like expire during the recording.

Robert Armstrong
I do. As much as I like you, I’d like to have a few words with my wife before I shove off.

Katie Martin
But I will ask you, are we ever going back to like zero interest rates, do you think? Or are we gonna look back on that…

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Robert Armstrong
I feel like I’ve been asking a lot of questions. This is a great question, Katie, but let me push it back on you. We had this wild period in the last decade where there was like a gajillion dollars of sovereign bonds issued at a negative interest rate.

Katie Martin
I think that was something like $18tn or something.

Robert Armstrong
Money was free. It was bonkers. And it was like the Fed funds rate was up against zero. Money was free. We were all in Silicon Valley inventing start-ups whatever, doing our thing. Do you think we’re going back to that? Like once this incident, the pandemic and everything after is over, are we going back?

Katie Martin
I mean, I can’t see it. I buy the narratives that are kicking around about inflation now being structurally higher, right? There’s a climate emergency. There’s a global defence emergency. There is all sorts of things that governments need to spend lots of money on, borrow lots of money for, all things being equal. And then there’s the whole supply chain thing after COVID and with geopolitics yada-yada.

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Robert Armstrong
And the world is getting older, right? And so when old people create demand for savings, that drives interest rates up, right?

Katie Martin
Ah, old people. Yeah.

Robert Armstrong
Old people.

Katie Martin
But I think also before we wrap up, we should note that although you were right, about 50 basis points, I was right about the timing. I said on this here very podcast back in, I think it was June 2023, the . . . Not 24. 23. That the Fed is not gonna cut rates till the third quarter this year. So what I’m saying is I’m the genius here. You’re just like a (overlapping speech) took a coin flip.

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Robert Armstrong
You’re basically Cassandra. Doomed to see the future and not be believed.

Katie Martin
I’m going to . . . 

Robert Armstrong
Do I have the right mythological figure there? I think that was Cassandra.

Katie Martin
Absolutely no idea. But I’m going to set up a hedge fund called like hunch capital where I can invest your money for two and 20. (Laughter) Based on nothing but pure hunches. Do you want in? Because like my hunch on that, your hunch on the other. I think we’re going to make good money.

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Robert Armstrong
We could. We could be rich people, Katie. But I will answer your question seriously. I think interest rates are higher now. We’re not going back to zero. I will end on that serious point.

Katie Martin
Yeah, yeah.

Robert Armstrong
Governments are spending too much. They have to spend too much. There’s loads of old people. There’s the green stuff has to be funded. Productivity might be rising possibly because of AI. We are going into a higher interest rate world. And by the way, the Fed thinks that. If you look at the history of the Fed’s view of what the long term normal interest rate is, that has been steadily ticking higher over the last year and a half or so.

Katie Martin
So rates have come down already pretty hard, but don’t get yourself carried away with thinking that we’re going back to zero, because ain’t . . . I mean.

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Robert Armstrong
No. Ain’t gonna happen. Nope.

Katie Martin
Ain’t gonna happen.

[MUSIC PLAYING]

On that bombshell, we’re going to be back in a sec with Long/Short.

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[MUSIC PLAYING]

OK, now it’s time for Long/Short, that part of the show where we go long a thing we love, short a thing we hate. Rob, I feel like you should go first before you completely lose your voice. (Laughter)

Robert Armstrong
Well, I’m going to go short wellbeing. And I say this not because my wellbeing is poor right now, but because of an article our colleague Joshua Franklin, wrote in the Financial Times yesterday that says, I’m quoting here, JPMorgan Chase has tasked one of its bankers with overseeing the company’s junior banker program, a response to renewed concerns about working conditions for young employees. And it goes on that this poor person is gonna have to make sure all these young investment bankers are happy and have work-life balance. I think investment bankers owe it to the rest of us to be miserable.

Katie Martin
Right.

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Robert Armstrong
They make a lot of money. They are the lords of the universe. They should not be happy. Their wellbeing should be awful. And that’s what you’re getting paid for. So I think JPMorgan Chase is doing the wrong thing here. And they need to appoint a banker to oversee the what’s the opposite of wellbeing. Unwell being of their junior bankers.

Katie Martin
You’re a very, very mean person and you just want everyone to be sad like you.

Robert Armstrong
No, if you want to be happy, become a journalist and make no money. If you want to be rich, become a banker and like get divorced and have your kids hate you. It’s just the normal way of life. (Laughter)

Katie Martin
Well, I am long European banking merger drama. So if you’ve missed it, the German government is, like, quite scratchy and unhappy about a potential takeover of Commerzbank by Italy’s UniCredit. It’s the talk of the town. Everyone is kind of, you know, huddled around in bars in the city asking like, how the hell did UniCredit manage to amass like a nine per cent stake in this thing? Like that doesn’t seem like a good strategic move. There’s a lot of excitement over the motives. My interest here is that this is just like the good old days of European banking mergers with like very important European bankers wearing gilets under their jackets going around in like big fast cars and, you know, chatting away on their mobile phones and being masters of the universe.

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Robert Armstrong
I just wish they would get along with it. As far as I know, in continental Europe, there’s actually more banks than people.

Katie Martin
Yeah, it’s like sheep in New Zealand. You’ve just got . . . (Laughter)

Robert Armstrong
They just need. I mean, as long as I’ve been in finance, people have been rattling on about how banking in Europe was going to consolidate. The industry was finally going to make some. They just need . . . I mean, as long as I’ve been in finance, people have been rattling on about how banking in Europe was going to consolidate. The industry was finally going to make some money and it was going be able to compete with the US. And then it’s like, you know, some Germans get mad at some Italians, it never happens and the cycle turns again.

Katie Martin
Yeah, it’s like we want consolidation, but no, no, no, no, no. Not like that.

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Robert Armstrong
Not like that.

Katie Martin
Anything but that.

[MUSIC PLAYING]

And I am here for the drama is all I’m saying.

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Robert Armstrong
Right on. I love it.

Katie Martin
OK, listeners, we are going to be back in your feed on Tuesday if Rob makes it that long, but listen up anyway, wherever you get your podcasts.

Unhedged is produced by Jake Harper and edited by Bryant Urstadt. Our executive producer is Jacob Goldstein. We had additional help from Topher Forhecz. Cheryl Brumley is the FT’s global head of audio. Special thanks to Laura Clarke, Alastair Mackie, Gretta Cohn and Natalie Sadler. FT premium subscribers can get the Unhedged newsletter for free. A 30-day free trial is available to everyone else. Just go to FT.com/unhedgedoffer. I’m Katie Martin. Thanks for listening.

[MUSIC PLAYING]

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Republicans assess potential fallout for Trump from North Carolina bombshell

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Republicans assess potential fallout for Trump from North Carolina bombshell

Republicans in North Carolina and nationally are assessing the potential fallout for former President Donald Trump from a bombshell report alleging that Lt. Gov. Mark Robinson, the party’s gubernatorial nominee, posted disturbing and inflammatory statements on a forum of a pornographic website.

CNN reported Thursday that Robinson, behind an anonymous username he allegedly used elsewhere, made the comments more than a decade ago, including supporting slavery, calling himself a “black NAZI” and recalling memories of him “peeping” on women in the shower as a 14-year-old.

ABC News has not independently verified the comments were made by Robinson, and he insisted in a video posted to X prior to the story’s publication that “those are not the words of Mark Robinson.”

But Robinson, a Donald Trump ally, already has a history of incendiary remarks about Jews, gay people and others, and elections in North Carolina, one of the nation’s marquee swing states, rest on a knife’s edge, raising questions of how much the latest news will impact his race and other Republicans on the ballot with him — including the former president.

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“I think this only heightens the level of toxicity that the Robinson campaign has, and the real question becomes, what’s the radioactive fallout at the top of the ticket along with down the ballot for Republicans here in North Carolina?” asked Michael Bitzer, the Politics Department chair at Catawba College.

“This cannot be something that the voters aren’t going to recognize and probably play more into softening the Republican support. Is it isolated only to Robinson’s campaign, or does it start to impact Trump? Does it impact other statewide executive Republicans as well? We’ll just have to wait and see, but this feels like a pretty significant event in North Carolina politics.”

MORE: Republicans step up effort to change Nebraska’s electoral vote process to benefit Trump

Robinson, who casts himself as a conservative family man and is running for North Carolina’s open governorship against Democratic state Attorney General Josh Stein, is already behind in the polls.

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PHOTO: Lt. Gov. Mark Robinson, R-NC., speaking on the first day of the Republican National Convention, July 15, 2024, in Milwaukee. (J. Scott Applewhite/AP)

PHOTO: Lt. Gov. Mark Robinson, R-NC., speaking on the first day of the Republican National Convention, July 15, 2024, in Milwaukee. (J. Scott Applewhite/AP)

While he holds statewide office and has broad name recognition, Robinson boasts a highly controversial record, including calling the Holocaust “hogwash” and homosexuality “filth,” and he drew claims of hypocrisy when he admitted this year that he had paid for his wife to get an abortion, seemingly in contrast with his stated opposition to the procedure, which he’d previously likened to “murder” and “genocide.”

North Carolina’s gubernatorial race is still considered competitive given the state’s tight partisan divide, but Republicans in the state told ABC News they had already viewed him as trailing, and that Thursday’s report won’t help.

“He’s already got a lengthy history of publishing comments like that on the internet. These are perhaps a little more graphic. In terms of does this by itself serve as a guillotine, I don’t know. But it feels like the cumulative weight is starting to add up now,” said one North Carolina GOP strategist. “It flies in the face of everything he presents of himself publicly. So, cumulatively plus the hypocrisy of this, it’s obviously hurtful to him.”

Republicans were more divided on what it means beyond Robinson’s own candidacy.

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North Carolina is a must-win state for Trump, and losing it would impose significant pressure on him to perform in other swing states.

Trump is already running ahead of Robinson — while polls show Robinson trailing, they also show a neck-and-neck race in the state between the former president and Vice President Kamala Harris. The main question now is whether the news depresses Republican turnout in a state where even a small nudge in turnout one way or the other can make decide the victor.

“[Robinson] was already toast. The question is if it hurts Trump, something the campaign is very worried about,” said Doug Heye, a veteran GOP strategist with experience working in North Carolina. “It doesn’t directly cost him voters, but his endorsed pick continues to be a big distraction and has no money to drive out the vote.”

“He’s a baby blue anchor around Trump’s chances in the Tar Heel State,” added Trump donor Dan Eberhart. “This is not good news for Trump’s campaign at all.”

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PHOTO: North Carolina Lieutenant Governor Mark Robinson speaks at the Faith and Freedom Road to Majority conference at the Washington Hilton on June 21, 2024 in Washington, D.C. (Anna Moneymaker/Getty Images, FILE)

PHOTO: North Carolina Lieutenant Governor Mark Robinson speaks at the Faith and Freedom Road to Majority conference at the Washington Hilton on June 21, 2024 in Washington, D.C. (Anna Moneymaker/Getty Images, FILE)

Democrats are already seizing on the news to try to connect Robinson to Trump, who has repeatedly praised him, even calling him at one point “Martin Luther King on steroids.”

Kamala HQ, an X page that serves as one of the Harris campaign’s rapid response tools, posted a slate of videos featuring Trump speaking positively about Robinson.

“His campaign was toast before this story, so the real impact is on all of the Republicans who have endorsed and campaigned alongside him,” said Bruce Thompson, a North Carolina Democratic fundraiser.

However, Trump has been able to navigate his own headwinds, including felony convictions in New York, questioning Harris’ race and more to remain the leader of his party and a viable presidential candidate, leading some Republicans to doubt that Robinson’s struggles will impact the presidential campaign.

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MORE: Uncommitted movement declines to endorse Harris, but encourages against Trump, third-party votes

“Doubt it impacts at all down-ballot,” said Dave Carney, a GOP strategist who chairs a pro-Trump super PAC.

“I don’t think it helps, but it won’t hurt,” added Sean Spicer, Trump’s first White House press secretary.

PHOTO: Mark Robinson, Lt. Governor of N.C. and candidate for Governor, delivers remarks prior to Republican presidential nominee former President Trump speaking at a campaign event at Harrah's Cherokee Center on Aug. 14, 2024 in Asheville, N.C. (Grant Baldwin/Getty Images)

PHOTO: Mark Robinson, Lt. Governor of N.C. and candidate for Governor, delivers remarks prior to Republican presidential nominee former President Trump speaking at a campaign event at Harrah’s Cherokee Center on Aug. 14, 2024 in Asheville, N.C. (Grant Baldwin/Getty Images)

Trump campaign spokesperson Karoline Leavitt sounded a confident note, saying in a statement that the former president’s team would “not take our eye off the ball.”

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“President Trump’s campaign is focused on winning the White House and saving this country. North Carolina is a vital part of that plan. We are confident that as voters compare the Trump record of a strong economy, low inflation, a secure border, and safe streets, with the failures of Biden-Harris, then President Trump will win the Tarheel State once again,” she said.”

Still, sources familiar with the matter said the Trump campaign was bracing for a story to come out about Robinson and is planning on putting more distance between the former president and the embattled nominee Robinson — but initially did not have plans to call on him to drop out.

“He seems to not be impacted by what’s going on down-ballot underneath him,” the North Carolina Republican strategist said of Trump. “There’s no way it helps him. But does it hurt him? I don’t know, I think that’s an open question.”

Republicans assess potential fallout for Trump from North Carolina bombshell originally appeared on abcnews.go.com

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A Global Crackdown on Freedom of Expression

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By Robin Andersen, Nolan Higdon, and Steve Macek

According to a 2022 report by Article 19, an international organization that documents and champions freedom of expression, 80 percent of the world’s population lives with less freedom of expression today than did ten years ago. The eradication of basic freedoms and rights is partly due to the pervasive normalization of censorship. Across media platforms, news outlets, schools, universities, libraries, museums, and public and private spaces, governments, powerful corporations, and influential pressure groups are suppressing freedom of expression and censoring viewpoints deemed to be unpopular or dangerous. Unfortunately, physical assaults, legal restrictions, and retaliation against journalists, students, and faculty alike have become all too common, resulting in the suppression of dissenting voices and, more broadly, the muffling and disappearance of critical information, controversial topics, and alternative narratives from public discourse.

We collaborated with an accomplished group of international scholars and journalists to document this disturbing trend in Censorship, Digital Media and the Global Crackdown on Freedom of Expression (Peter Lang 2024). Our collective work analyzed contemporary and historical methods of censorship and anti-democratic impulses that threaten civil society, human rights, and freedoms of information and expression around the world today. The collection explains how a rising tide of political tyranny coupled with the expansion of corporate power is stifling dissent, online expression, news reporting, political debate, and academic freedom from the United States and Europe to the Global South.

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The Assault on Press Freedom

Our volume reveals an epidemic of censorship and attacks on journalists and free speech around the globe. Although completed prior to the horrifying atrocities of October 7, 2023, in Israel, the text provides context for understanding that Israeli violence against Palestinians since October 7, including the murder of journalists, has been decades in the making. This strategy initially took hold with the assassination of the veteran Al Jazeera reporter Shireen Abu Akleh, a Palestinian-American, as she documented Israel’s occupation of Jenin. The world has now witnessed the full flowering of the Israeli-state aggression against Palestinians that led to her murder. To date, Israel has killed more than 100 media workers in Gaza, raising the concern and outrage of numerous press freedom organizations and seventy UN member states that have now called for international investigations into each one of the murders. As the International Federation of Journalists reported, “Killing journalists is a war crime that undermines the most basic human rights.”

Journalists around the globe are repeatedly targeted because their profession, which is protected constitutionally in many nations, exists to draw attention to abuses of power. Thus, it is no surprise that the rise in global censorship has entailed the targeting of journalists with violence, imprisonment, and harassment. In Russia, journalists are jailed and die in custody, as they do in Egypt, Saudi Arabia, China, and Hong Kong. In Mexico, there are “silenced zones,” controlled by a deadly collaboration between drug gangs and government corruption, where journalists are routinely killed. In 2022, Mexico was the most dangerous country for journalists outside of a war zone.

The assault on press freedom has also been normalized in self-proclaimed democracies such as the United Kingdom, where WikiLeaks founder Julian Assange has been imprisoned for more than five years, and in the United States, which has targeted Assange with espionage charges simply for promoting freedom of information. Although US presidents and other national figures often refer to the United States as “the leader of the free world,” the United States now ranks 55th in the world on the Reporters without Borders 2024 World Press Freedom Index.

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Repression of Artists and Academics

News outlets and their workers are not the only targets of the current wave of repression. Hollywood has long been shaped—and censored—by government and corporate power. For example, our book includes a chapter on the Pentagon’s long-standing influence on Hollywood, which has resulted in the film industry abandoning production of hundreds of films deemed unacceptable by the military.

In addition to media, educators and academics are increasingly subject to repressive measures that muzzle freedom of information and expression. Scholars and institutions of higher education sometimes produce research that challenges the myths and propaganda perpetuated by those in power. And even when they don’t, autonomy from micromanagement by government authorities and private funders is a prerequisite for the integrity of scholarly research and teaching, which tends to make elites exceedingly nervous. This is why universities and academic freedom are increasingly under siege by autocratic regimes and right-wing activists from Hungary to Brazil and from India to Florida.

Alarmingly, the latest Academic Freedom Index found that more than 45 percent of the world’s population now lives in countries with an almost complete lack of academic freedom (more than at any time since the 1970s). In Brazil, the government of right-wing president Jair Bolsonaro attempted to ban education about gender and sexuality,  slashed budgets for the country’s universities, and threatened to defund the disciplines of philosophy and sociology. In 2018, Hungary’s conservative Fidesz government shut down graduate programs in gender studies, forced the country’s most prestigious university, the Central European University, to relocate to Austria, and sparked months of protests at the University of Theater and Film Arts in Budapest by making unpopular changes to the school’s board of trustees. Something similar happened in Turkey, where, since 2016, the ruling regime has suspended thousands of professors and administrators from their university posts for alleged ties to the outlawed Gülen movement and shut down upwards of 3,000 schools and universities. Meanwhile, in the United States, several Republican-controlled state legislatures have enacted draconian laws prohibiting or severely limiting teaching about race, sexuality, and gender in college classrooms. Under the influence of its arch-conservative governor, Ron DeSantis, Florida eliminated sociology as a core general education course at all of its public universities.

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Big Tech Censorship

Censorship is nothing new, but the pervasive influence of the internet and the development of so-called artificial intelligence (AI) have created new, more nefarious opportunities to crack down on freedoms around the globe. So-called smart platforms and tools have created new forms of Big Tech control and content moderation, such as shadowbanning and algorithmic bias. Regimes have set up a form of quid pro quo with tech companies, demanding certain concessions such as removing unfavorable content in exchange for government access to otherwise private information about tech platforms’ users. For example, in the United States, tech companies depend on large government contracts and, as a result, often work with government officials directly and indirectly to censor content. Nor do they block only false or misleading content. Social media platforms have also been found to censor perfectly valid scientific speculation about the possible origin of COVID-19 and instances of obvious political satire.

These restrictive practices are at odds with Big Tech PR campaigns that trumpet the platforms’ capacity to empower users. Despite this hype, critical examination reveals that privately controlled platforms seldom function as spaces where genuine freedom of information and intellectual exchange flourish. In reality, Big Tech works with numerous national regimes to extend existing forms of control over citizens’ behaviors and expression into the digital realm. People are not ignorant of these abuses and have taken action to promote freedom across the globe. However, they have largely been met by more censorship. For example, as social media users took to TikTok to challenge US and Israeli messaging on Gaza, the US government took steps to ban the platform. Relatedly, Israel raided Al Jazeeras office in East Jerusalem, confiscated its equipment, shuttered its office, and closed down its website.

Our book also details the complex history and structures of censorship in Myanmar, Uganda, and the Philippines, and popular resistance to this oppression. To this catalog of examples, we can add India’s periodic internet shutdowns aimed at stifling protests by farmers, the blocking of websites in Egypt, and the right-wing strongman Jair Bolsonaro’s persecution of journalists in Brazil. Each of these cases is best understood as a direct result of a rise in faux populist, right-wing authoritarian politicians and political movements, whose popularity has been fostered by reactionary responses to decades of neo-liberal rule.

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What Is to Be Done? 

Censorship is being driven not only by governments but also by an array of political and corporate actors across the ideological spectrum, from right-wing autocrats and MAGA activists to Big Tech oligarchs and self-professed liberals. Indeed, when it comes to censorship, a focus on any one country’s ideology, set of practices, or justifications for restricting expression risks missing the forest for the trees. The global community is best served when we collectively reject all attempts to suppress basic freedoms, regardless of where they emerge or how they are implemented.

To counter increasing restrictions on public discourse and the muzzling of activists, journalists, artists, and scholars, we need global agreements that protect press freedom, the right to protest, and accountability for attacks on journalists. Protection of freedom of expression and the press should be a central plank of US foreign policy. We need aggressive antitrust enforcement to break up giant media companies that today wield the power to unilaterally control what the public sees, hears, and reads. We also need to create awareness and public knowledge to help pass legislation, such as the PRESS Act, that will guarantee journalists’ right to protect their sources’ confidentiality and prevent authorities from collecting information about their activities from third parties like phone companies and internet service providers.

Moreover, widespread surveillance by social media platforms and search engines, supposedly necessary to improve efficiency and convenience, ought to be abandoned. All of us should have the right to control any non-newsworthy personal data that websites and apps have gathered about us and to ask that such data be deleted, a right that Californians will enjoy starting in 2026.

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In addition, we should all support the efforts of organizations such as the American Association of University Professors, Article 19, and many others to fight back against encroachments on academic and intellectual freedom.

Supporters of free expression should also vigilantly oppose the ideologically motivated content moderation schemes Big Tech companies so often impose on their users.

Rather than trusting Big Tech to curate our news feeds, or putting faith in laws that would attempt to criminalize misinformation, we need greater investment in media literacy education, including education about the central importance of expressive rights and vigorous, open debate to a functioning democracy. The era of the internet and AI demonstrates the urgent need for education and fundamental knowledge in critical media literacy to ensure that everyone has the necessary skills to act as digital citizens, capable of understanding and evaluating the media we consume.

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How the EU can reset foreign policy for the western Balkans

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Steven Everts makes numerous important and laudable points on the need for the EU to seriously recalibrate both its capacities and posture in foreign policy (Opinion, September 12).

It’s worth adding that in a foreign policy area on the bloc’s very borders, the EU has led the west into a dead end of failure, in which official pronouncements have never been more at variance with the on-the-ground reality.

The western Balkans is the only region in which the US consistently defers to a democratic partner’s leadership — that of the EU.

Nowhere else does the west, if united, wield greater leverage or have a wider array of policy instruments. Yet for far too long, the EU has addressed the region almost solely through its enlargement process, neglecting its foreign policy commitments — including a deterrent force in Bosnia and Herzegovina mandated by the Dayton Peace Agreement and authorised under Chapter 7 by the UN Security Council.

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This force remains well below the brigade-strength required to pose a credible deterrent to threats to the peace and territorial integrity. In addition, the EU states it will support local authorities, who have primary responsibility to maintain a secure environment — defying the reason the mandate exists to begin with: namely to thwart attempts by local authorities to upend the peace.

The desire to maintain the fiction that the Belgrade-Pristina Dialogue is still alive compels the EU into all sorts

of contortions which in effect reward Serbia, despite allegations of Serbian involvement in recent violence, and periodic (and ongoing) threats of invasion. By straying from its original declared purpose to achieve mutual recognition between Serbia and Kosovo, as well as serving as a shield for Serbia’s authoritarian president, Aleksandar Vučić, the dialogue serves as a diversion from genuine problem- solving.

Incoming EU foreign policy chief Kaja Kallas has demonstrated leadership and vision for Europe and the wider west as Estonia’s prime minister, particularly with regard to the response to Russia’s war of aggression against Ukraine.

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One hopes she will undertake the overdue task of making the policies of the EU and the wider west more consistent with the values of democracy and human dignity we proclaim to hold dear. She can begin by leading the west to a restoration of credible deterrence in the Balkans, and start to counter the backsliding of democracy long visible there.

Kurt Bassuener
Co-Founder and Senior Associate, Democratization Policy Council, Sarajevo, Bosnia and Herzegovina

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An Amazing Site With Rich History

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man

It’s early summer in Moldova, and the cherries are already ripe. Fellow journalist Marian Männi and I pick and pop them into our mouths as we follow our chosen tour guide up a hill. We are exploring Old Orhei, a famous Moldovan landmark and archaeological site. It consists of three villages: Trebujeni to the north, Butuceni to the west and Morovaia to the east. The area is built on a green field, and the Răut River runs through it.

Following the guide’s lead, we climb a hill to find one of many cave monasteries. This one is rather hidden, so most tourists miss it entirely. 

My guide showcases a cave monastery above the Răut River, where tourists rarely find their way. Author’s photo.

A picture from the inside of the cave looking out. Author’s photo.

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The surrounding area is an unusual sight. The sloping bank of the Răut River emerges from a perfectly flat field, looking almost man-made. However, it is a natural reminder of how landscapes evolve. You can find perfect seashells on the limestone bank in a country with no coastline, much like on a sandy beach. Millions of years ago, the Răut River was part of the ancient Sarmatian Sea, just like the lands of today’s Moldova.

Scenic views of Old Orhei. One can barely see the river under the hill. Author’s photo.

My guide, Professor Sergiu Musteață, knows this site incredibly well. He is a renowned historian from Moldova and a professor at the Faculty of Philology and History at “Ion Creangă” State Pedagogical University. He has worked to educate locals about the history of Old Orhei and how to develop tourism businesses. He has also guided them in creating guesthouses and writing proposals for funding to build flushing toilets in their homes.

Old Orhei has been one of the main subjects of his research since 1996. “I know everyone in Orheiul Vechi [the Romanian version of the name]!” he laughs. He also knows all of the approximately 300 caves in the area and has personally researched many of them.

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Professor Sergiu Musteață says that people working in Moldovan tourism need to understand that the basis of it is history and heritage. Author’s photo.

A scenic journey through unknown sites

Musteață leads us along a hidden path lined with cherry trees from an old student’s base. Researchers have been excavating this area for decades, as the unique landscape reveals layers of settlements dating back to prehistoric times.

“When we come here with students, we usually clean the neighborhood and cut the grass first,” Musteață says, pushing branches away from the path. If only tourists knew about this shortcut hidden in nature.

Professor Musteață peers through a rustic gate. Author’s photo.

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“We have organized 20 years of summer camps for the locals during the excavations, including summer schools for local kids. Lots of students, both locals and internationals, participated!” he states emphatically.

Despite many efforts, only a few locals have made a name for themselves in the tourism sector. “I don’t know why. There is not so much interest. It should be the most prominent place among tourists,” Musteață comments.

Unlike other visitors, we walk past the Peștera cave monastery, the main tourist attraction of Old Orhei. The current underground tunnels date back to 1820. However, the caves in these limestone hills have existed since the 14th century. Orthodox monks found solitude and a place for spiritual retreat in this isolation.

“There is another cave monastery here. Locals know about it, but only a few tourists will visit it,” says Musteață. This is where we are heading.

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We walk past the Peștera cave monastery and head off-road to find another lesser-known monastery. Author’s photo.

We walk on the bank, passing through the Church of Ascension of St. Mary. The view of the valley and fields is breathtaking. Turning left, the professor leads us onto an almost unrecognizable road downhill from the bank. Our slippers aren’t ideal footwear for this leg of the journey, but nevertheless, we climb down the limestone bank to a land of grazing cows.

Musteață guides us onto a new path, leading down the limestone bank. Author’s photo.

After walking, we climb again to another obscure cave monastery of Old Orhei, built above the Răut’s waters. There isn’t a single soul up here now, but historically, monks isolated themselves in this cave. As a result, the monastery is covered in signs of human habitation.

The church’s facade is engraved with Slavonian writing: “This church was built by the slave of Bosie, pircalab (Chief Magistrate) of Orhei, together with his wife and his children, to cherish God, to forgive his sins.”

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The professor shows us around. We see where the monks would sleep and where they built their fireplace. All the caves are in remarkably good shape, with few signs of dripping rocks.

We view the monastery’s exterior, which has endured for centuries. Author’s photo.

This structure often goes unexplored by tourists. “It’s a bit too far and difficult to access. That’s why people don’t know much about it and wouldn’t end up here,” Musteață explains.

Musteață teaches us about the monastery. Author’s photo.

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On the whole, Old Orhei is a fascinating, history site. And its antiquity is richer than one might expect.

Mankind has loved this region since ancient times

The surroundings have been populated since the Paleolithic era due to good location — the river protects Old Orhei from three sides. The land is suitable for agriculture and flowing water is nearby.

Archaeological findings suggest that the Getians built some fortresses and settlements in this region during the 4th to 3rd centuries BCE, taking advantage of the natural fortifications provided by the rocky outcroppings and riverbanks.

In the 14th century CE, Old Orhei became part of the medieval state of Moldova (Țara Moldovei) after the collapse of the Golden Horde, a Mongol-Tatar state that controlled this territory as well.

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After the Tatar period in the 12th to 14th centuries, an Orthodox Christian community developed during medieval times. Political stability and the protective embrace of nature made Old Orhei an important center. Moldovan hero and ruler Stephen the Great, whose rule lasted from 1457 to 1504, appointed his uncle, Peter III Aaron, to rule there. The area was fortified with strong defensive walls and towers.

Life in Old Orhei slowly faded in the 17th century. The administration moved to neighboring New Orhei, and gradually, the monastic community began to disappear. The last monks are believed to have left Old Orhei at the beginning of the 19th century. By this time, many monastic communities in the region faced significant challenges due to political changes, invasions and pressures from the expanding Ottoman Empire. The decline in monastic life at Old Orhei was part of a broader trend affecting many religious sites in the region.

At the beginning of the 20th century, a new Virgin Mary Church was built atop the bank near a cave monastery to revitalize the area’s spiritual significance. It serves as a symbol of Old Orhei’s continued religious heritage, even after the original monastic community dispersed.

Though the region’s religiosity remains, Old Orhei’s authenticity, unfortunately, has recently declined.

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The loss of authenticity in a historic land

Many historical sites in Old Orhei face the problem of random preservation efforts, which are not concerned with preserving the site’s authentic look.

In 2023, the road from Butuceni village in the Cultural-Natural Reserve was asphalted, which led to an investigation by the Ministry of Culture. It ruined the village’s authenticity but gave locals more logistical freedom.

Climbing on the bank, we notice a brand-new red-roofed dwelling that, from a logical viewpoint, should not have been built in the reserve. But there it is, like the newly constructed path to the Peștera cave monastery and the asphalted road in Butuceni village.

This modern tampering is one thing preventing Moldova from having its first United Nations Educational, Scientific and Cultural Organization (UNESCO) World Heritage Site.

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“There is too much industrialization in a place where authenticity is worshiped,” Musteață laments. The Old Orhei Reserve has been on the UNESCO tentative list for years but is not moving forward any time soon. “I don’t think there is much hope at the moment,” Musteață admits honestly.

The situation saddens him. He and other researchers have worked for years to put this site on the world map as a part of humanity’s historical cradle, to no avail.

“The landscape and the density of settlements since prehistory is special. You can see the changes in this part of the world, moving from East to West. The Golden Horde, the Islamic period, Christians — there is a huge variety of artifacts describing how people lived in this area,” Musteață explains.

Life has moved on from this relic. The Orthodox Church still holds significant power in the small country of Moldova, but only traces of the glory the church once had in Old Orhei remain. In the 1940s, the Soviet Union started excavations in the region, which also disrupted the old sites; they built a new road through the Golden Horde citadel and cut it in half.

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“A historic road should go around the citadel. It’s completely doable,” Musteață says.

The professor feels that many of Moldova’s stories remain untold, even that of such a landmark as Old Orhei. “It is frustrating. We need to tell our story!” Musteață suggests.

He thinks the country itself should put Orhei at the top of the list of tourist destinations in Moldova. After all, it’s the most important tourist site in the country. “It should be declared a state priority, a national strategy,” he says. “People working in this field in Moldova need to understand that the basis of tourism is history and heritage.”

That is another reason why Moldova’s Old Orhei is not on the UNESCO list. “Our country overall is underrepresented,” Musteață believes.

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According to UNESCO, the organization is not in a position to comment on what is missing for Old Orhei to receive its World Heritage Site title. Moldova first proposed the area as a UNESCO World Heritage Site in 2008 but withdrew its nomination the following year.

In September 2015, Moldova submitted a new version of the nomination dossier as “Orheiul Vechi Archaeological Landscape,” a cultural site. Following the evaluation process and a recommendation by the International Council on Monuments and Sites, Moldova withdrew the nomination again.

Luckily, Moldova appears on the UNESCO list as part of a group of countries with the Struve Geodetic Arc, a chain of survey triangulations spanning ten countries and over 2,820 kilometers. This chain reaches from the world’s northernmost city — Hammerfest, Norway — to the Black Sea. The listed site includes 34 points across all ten countries, one of which is in Moldova. The country is eager to earn its very own World Heritage Site title, even if it isn’t Old Orhei.

[Lee Thompson-Kolar edited this piece.]

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The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy.

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Illegal settlements have been encouraged for years

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Neri Zilber’s piece “Far-right minister accused of politicising Israeli police” (Report, September 17) eloquently describes the crisis in the West Bank. Israel’s current government and its unsavoury allies in the settler movement stand accused, but in truth every government since 1967 has favoured illegal settlement.

The first settlements — the so-called Nahal settlements — in September 1967 were supposedly military and so did not, Israel argued, contravene international law. The west did nothing, so Israel then went ahead with brazen colonisation. When the first Oslo Accord was signed in 1993, there were in the order of 110,000 settlers in the West Bank.

A central principle of Oslo was that neither party would takes steps that would prejudice final status talks five years later. But Israel’s so-called moderate leaders, Yitzhak Rabin and Shimon Peres, immediately inaugurated the most intensive phase of settlement to date. By January 1996 settlers numbered 140,000. Rabin told his electorate not to worry — the Palestinians would not get a state. Meanwhile, Rabin and Peres accepted the Nobel Peace Prize. Butter wouldn’t melt in their mouths. The west did nothing. The Palestinians knew they had been stitched up.

So we should be under no illusions. This isn’t simply Benjamin Netanyahu and his associates, it is the long-standing thrust of the majority of Israelis across the political spectrum. Western governments have known this all along and even now appear unwilling to ensure respect for international humanitarian law as they have undertaken to do.

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The UN General Assembly is likely to agree that the July 19 advisory opinion of the International Court of Justice, which spells out Israel’s lawbreaking in detail, must be applied.

If it isn’t, in the Middle East the killing will continue while in New York the UN may face an impasse given the unwillingness of the US and its allies to uphold the international order they themselves helped put in place.

David McDowall
London TW10, UK

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