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Subscribe to RSSA federal prosecutor came in for some biting criticism today from two Supreme Court justices for a racially charged remark made during a criminal trial.
The comment by the justices came as the court declined to hear the appeal of a man who was convicted in a Texas federal court of being in on a drug conspiracy.
The issue for the defendant, Bongani Charles Calhoun, was whether he knew that the people he accompanied on a road trip were about to buy illegal drugs, or whether he was merely along for the ride.
During cross-examination, Calhoun said he distanced himself from the others when one of them arrived at their hotel room with a bag of money.
The prosecutor, an assistant US attorney in the Western District of Texas, pressed him to explain why he didn't want to be there. The prosecutor asked, "You've got African-Americans. You've got Hispanics, and you've got a bag full of money. Does that tell you -- a light bulb doesn't go off in your head and say, 'This is a drug deal?'"
After he was convicted, Calhoun -- who is African-American -- claimed the prosecutor's racially charged remark violated his constitutional rights by appealing to the jury's prejudice. The court today declined to take up his appeal, because his lawyers failed to properly pursue the issue in the lower courts.
But Justices Sonia Sotomayor and Stephen Breyer said they couldn't let the case pass without writing to dispel any doubt of whether the Court's denial of the case "should be understood to signal our tolerance of a federal prosecutor's racially charged remark. It should not," they wrote.
"By suggesting that race should play a role in establishing a defendant's criminal intent, the prosecutor here tapped into a deep and sorry vein of racial prejudice that has run through the history of criminal justice in our Nation.
"It is deeply disappointing to see a representative of the United States resort to this base tactic more than a decade into the 21st century," they said.
"We expect the government to seek justice, not to fan the flames of fear and prejudice."
The justices also said it was troubling to see the Justice Department fail to immediately condemn what happened. Instead, they said, during the appeals in the lower courts, the government called the prosecutor's remark "impolitic" and said it did not affect the outcome of the trial "even assuming the question crossed the line."
Only when the case reached the Supreme Court did the Justice Department concede that the remark was "unquestionably improper."
"I hope never to see a case like this again," wrote Justice Sotomayor for herself and Justice Breyer.
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a bunch of unemployed minority's with a bag full of cash? its an automatic a drug deal, for sure
I don't care who it is with a big bag of cash..........I'd be thinking drug deal.
What can you say about the US Supreme Court who haven't had any history lessons on the United States that are not obviously biased by the fact that now our US Supreme court is biased in that five Catholics, and three Jews make up the content, of the court. Making them a panel of minorities not an accurate portrayal of the American population. They fall short of actually being able to define their roles of making certain that the US Constitution and the bill of rights are maintained and defended, since they are the protector of those rights. I am appalled at the need for gun control, that is like saying maybe we need laws saying it is illegal to kill someone. It already is, the people breaking those laws are the ones who are being protected by the courts saying they are entitled to adequate defense. Why have any laws at all, when the laws say that everyone is entitled to a trial by jury for matters pertaining to 25 dollars or more and they dismiss the case and turn around and hold the person responsible who incurred the losses to begin with, to 'show them how it feels' or to retaliate as is the proper term and is illegal from federal statutes.
I really doubt that minority blacks have been harassed or discriminated against as long as what they pretend to be. They were slaves in Africa for centuries and brought to this country and freed within one hundred years or less that would be one generation who were taught to live here the way we live. Collard greens, fried chicken and watermelon are delicacies of the south, not just blacks. But lord shut your mouth that is racist to say. They make multi millions of dollars using the word Niger but lord don't use that word it is a racist comment. I worked as hard as every attorney in the United States worked on a case, and the judge handed the money from the litigation to attorney's when according to federal statures the defendants admitted to firing me following my reporting them and that is a violation of federal statutes. That means that the entire judiciary are Niger's if that is the definition used a lazy person who doesn't want to work for their money.
Not to nit pick but from what I gather your saying they are trying to be anAfrican country or did you leave a "G" out
You are a f**king c**t.
We miss you Cheryl... please cum back>
Cheryl, let me tell your simple arse a thing or 2, Africa is the continent, there are countries on the continent, not all African countries were a part of slavery. Now while on the continent the countries that did have slavery were completely different than slavery in America, in America, Africans were placed in a chattel system. A chattle system stripped the African of his human standing and reduced him to less than a couch or chair, on the continent the captives were more indentured servants than slaves. I cannot stand it when some idiot who knows NOTHING about history tries to make a historical statement. BTW slavery in America lasted from 1620-1865, now please rework your math.
browneyewhatever, again your the know it all. No one knows as much as you. slavery is slavery you idiot, Unless you were in slavery your self were you ,I think not. Just like i said things will never be right with white and blacks as long as there are whites and blacks.Or any other color. But the likes of you do not help at all. You think your better and that's not the case. Bad things happen to lots of people not just blacks.
But it is still OK to tell the world what a great lady you are...isn't it Cheryl? xoxoxo
Race BS is all you hear now--just on & on & on since Obama got elected !! Race relations in this Country are WORSE today than they were in the 1960s !! Get over this crap--there are good/bad in all races !!
So true... We need to get the illegal immigrant (Blaack Osama) out of the white house.
I hate white people, I really do, cant wait till the day comes when I can strangle the life out of one, either one of you would be a nice place to start.
We hate you too buddy...
So much anger!!! Maybe you should just smoke a bowl and calm down.
No calming him down. He has been under the man's thumb for too long...
Steve: You are a prime example of this gigantic problem !! Many white folks will tell you---"bring it on" but chose a young strong man to attack!! PUNKS like you prey on women, children, & elderly !! Some 'bikers' or gun tote'n rednecks would be a great start !! Have a great day COWARD !!
the whole idea from the liberals is to divide people into little groups...like african american to keep them down forever
How funny, the biggest drug dealers and thugs in the world, the US government. No matter how we dress, what we drive, where we live and or work, we will ALWAYS be stereotyped as thugs, pimps, drug dealers, having big penises (which is true), idolizing the white cave b*tch (which is not true), and not saying that some arent and some dont, but not I. There will never be equality or justice for the black man in this country, never. And whites, who have never hade to endure the kind of treatment that we have, its hard for them to understand or even care, but the day is quickly approaching when they will be on the receiving end of it, its coming soon too.
Bla bla bla, bring it.
Since Obama is president, wouldn't that make him the head of the biggest drug dealers and thugs? Hmmmm.. he must have learned it in Chicago... or Kenya.
I love the way you say "WE" have...Most of the black people I hear bitching now a day were no where near the struggles that black people in the MLK days.
The treatment they endure is normally brought upon themselves and then you say your always sterotyped as thugs, pimps, (don't forget Ho's) and drug dealers maybe you all need to change you F'ing people you idolize that act like that. Then you go on to say big penises is true. I will agree but rephrase it your just a "BIG DIK"
We tell the Jews to never forget the holocaust, but we want blacks in America to forget the HUNDREDS of years of oppression.
steve, Why are you here? Africa is the place for you and the broweyewhatever. You hate whites go back to were you came from. O can't do that ,they don't what you there, Feel a little lost and down.
Supremen Court Justice...an oxy moron of course. And the 2 that they quoted are fu**ing worthless!
I have always beilieved the old addage. If it looks like a duck and it quacks like a duck. Its probably a DUCK. Get over it what else would it be in that room with that crowd. Oh I bet they were looking for a mothers day gift.
Cheryl...for the love of God, stop..take a breath..slow down and then post.
Go easy on her Jim... I was hoping to get to know her better. She sees to have a lot on her mind
Just because it was "improper" doesn't mean it is not true!!
I don't really approved of how he said it but I was just wondering if there would have been this much outcry if the Denfense lawyer would have said something like he was afraid his client wouldn't get a fair trail because he was black amd Texans are known to be less than tolerant or fair. That's racist. But I've heard things like that before. The Supreme Court should have either taken up the case or not commented. I just think these two "justices" wanted to get their licks in while it was good even if the body as a whole said no. We are quickly becoming a Third World Nation.
ScubaSteve - you need to read your own reference a little closer, son. In fact, start with the TITLE, which is "Race/Ethnicity and Gender Differences in Drug Use and Abuse Among College Students". Explain to me how citing a study about college students, who are predominantly white, by the way, can be extrapolated to cover the US population AT LARGE??? Look at the methods. ONE midwestern university (oh there's a racially relevant population), and they had to ADD students from the minority groups to get a "statisically relevant" sample, but then go on to explain that only 2/3rds of the students responded - and they don't tell you which ones responded.
I'm sorry, but this is the sort of statistical manipulation that just sticks in my craw; and most people will assume that because you posted something from the NIH, you therefore MUST be right, and never question it.
Notice I'm not agreeing with the OP's statement - just questioning your methods. And while we're at it, those of the entire study you cite as well. Shoddy work all the way around.
Meh, he was merely making a conclusion based on statistics. Why don't people get pissed & cry discrimination when they have to pay more for their car insurance because they're a guy or under a certain age, or not married? Same logic applies but that's ok? At least be consistent, that's what annoys me the most.
Using your logic Phil, then a prosecuter should also be able to say....'You mean you went into the house,opened the refigerator, and there were human body parts, but you were surprised that the cannibal was white?"
You won't have to hold your breath very long, before you see a comment like this again. Statistics show in each city, county, state or country, they are what they are! While the statistics are not absolute, the odds are in favor of what many would say is a racist remark, but actually fits with the numbers. While it may be a racist and rude thing to say, it doesn't make it any less true!
... Retroman66, your comments seem to put a lot of weight on what the "Statistics show..."; does this mean that you understand what's behind the "numbers" you seem to put so much stock in? Generally, the "statistics" we read (then regurgitate, as the only "fact" that matter) in the media speak to "outcomes", i.e, "effects", alone, rather than the "causes" behind them. These, the statistical outcomes, are the "numbers" the media use most often to sell ad space / time; these numbers are their "bread and butter", because most of us won't take the time to look behind the curtain, as it were. Have you ever stopped long enough to ask yourself what might be behind the numbers you tout; to wit, "causation". Causation is the "meat of the message"; it is where the "intelligence" can be found, it takes into account both "cause & effect" and attempts to make rational sense of what it finds. Its what separates those who think they know and understand, from those who do, in any discipline. If you haven't thought about this, you might want to give it a try. As a matter of fact, you might want to start with an article I just posted on my new forum, "Insider/Outsider". The article has to do with minorities (specifically blacks and Hispanics) and the Criminal Justice System. You'll find it at www.insideroutsider.newsvine.com. It's an interesting, even enlightening, read; and, who knows, even someone like you, might learn something... Oh, and feel free to subscribe if you think your "belief system" can handle it.
yodaass so far your saying life would be better if blacks were to rule. Blacks do no wrong. Whites are all the bad people.
... that is not what I'm saying at all, "drp". The truth is that we've all got warts, you, me, all of us, and whose warts are the biggest or the ugliest- mine, yours or theirs-ain't the damn problem. Hell, I can't think of anybody I know who knows better than I do, having been a black man for over 67 years, that "my people (and I love 'em, dearly) "got warts", to. The problem is not that we've got 'em. but what we are willing to do about them! As Americans, are we willing work to on them, together, before they become cancerous, metastasize, and kill us all? That's the question, "drp"; and, for me, Lincoln's reply to questions like this one, is the best I've ever read...
"Shall we expect some transatlantic military giant to step the ocean and crush us at a blow? Never! All the armies of Europe, Asia, and Africa combined, with all the treasure of the earth (our own excepted) in their military chest, with a Bonaparte for a commander, could not by force take a drink from the Ohio or make a track on the Blue Ridge in a trial of a thousand years. At what point then is the approach of danger to be expected? I answer. If it ever reach us it must spring up amongst us; it cannot come from abroad. If destruction be our lot we must ourselves be its author and finisher. As a nation of freemen we must live through all time or die by suicide."
By the way, I may be wrong, but I've sensed something, both in what you've written, and the way you've written it, that suggests your mind may be more open to the exploration and understanding of these issues than I may have, at first, detected. If I'm right, you might want to subscribe to my new Newsvine forum, "Insider/Outsider". You can find it at www.insideroutsider.newsvine.com. Stop by if you'd like; and let's "talk about" what's in front of us, all...
Pop's here... (aka "Yoda45"), and , of late, it seems, by you, as "yodaass". as well.
You know everytime I take a road trip to score a bunch of drugs, I always find some innocent black guy and invite him along!
Calhoun's alibi sucks.
Is it prejudice or simply reality when certain ethnic groups are associated with crime? When you hear of a gang shooting in Chicago is it prejudice to expect to see a black guy in the photo or just the reality of the statistics? Around here when I read a story of yet another meth bust I expect to see white trash in the photo. Prejudice or reality of the situation? Profiling just makes sense, doesn't it?
asalaam alikum to that bud!!!!
black steve, you may spell that asa lama lickem
.. no it doesn't make sense, "Trouble...", because it is based on "prejudice"; a simple definition of which is to "pre-judge" in the absence of facts. Here's an interesting attempt at syllogism for you: "white people are racists, you are a white person (assuming that's true); and, therefore, you are a racist!" Where's is the logical (classical) fallacy in this statement? Based on my definition of "prejudice" have you found it yet?
First, the only way my syllogism, as constructed, could possibly stand on it's own would be if there was empirically, incontrovertible, evidence to support my implied assertion that not just 'white people", but "all white people" are racists. And finally, without a mutually acceptable definition of the the word "racist" (what it means and what it doesn't mean) even that level of "confirmation" wouldn't be enough for my argument to stand on its own merits.
This is why "racial profiling" cannot be shown to satisfy reasonably predictable standards of certainty, anymore than personality profiling. a la the FBI, can. At best, then, "profiling by reason of race is "pseudo-science", masquerading among the ignorant and uninitiated as fact; which is why the results are not admissible in criminal cases (or shouldn't be, anyway) in the absence of proof beyond a "reasonable" doubt. I hope this answers your question.
One of the biggest racists Ive ever seen in my life is Sotomayor. I watched her and who I think was Eva Longoria (it was hard to tell with her nose so far up Sotomayors butt) talk to a group in L.A. and all Sotomayor did was carry on about the Latino community. How it needs to do this and that. She came across like they were in competition with the rest of the world and they needed to plan a strategy to get further ahead and on top. She shared a bunch of childhood sob stories relating to being very insecure of being a Latino.
I was very surprised that a woman in her position with her education would be advocating that her Latinos be better Latinos and not better Americans. There isnt a doubt in my mind that any decision that is race related that comes her way will be tainted.
JACK, Your not alone on that. That's the whole thing here, Race will always be a thing we will have trouble with. We all have a place we should go there that's not going to happen.
drp-587087, some of us have been on this continent for millenniums and yet they are still discriminated against daily and live in POW camps of old. If anyone were to go back to where they came from in the last millennium it would be most of the North American continent and in America it would be all but 2.2 million people. These who are left were not able to vote in this republic democracy across the board until the early 1940s when Maine and Wisconsin ratified a federal law giving US citizenship to these people who were hunted for bounties that were paid out by the federal government. Guess who they were?
Question for all minorities? Really be honest with yourselves. Are you Predudice to other races? I just left a indian casino in Mississsippi and two black employess that I know say the indians hate whites and blacks that they work with. And the tribe only shares in on non-taxed profits if they live on impoverised reservation to keep them segregated from real world and be subsidised by Feds for what happened two hundred years ago. The real crimes in this country is all the crying about the past. My family actually came over as identred servants until they debt was paid 200 years ago. Got the papers to prove it. Guess my family should be treated special also. To all Americans get off your ass and make something of yourselves. And if you fail at least you can be proud and say you tryed for the dream !!
Hi Keith, I'm not racist (Racism=prejudice+power) but I do not like red heads, a red head stole my boyfriend once. I am black, my husband is Puerto Rican and my grandson's mom is white, couldn't make this up if I tried:-/
... as for me, I can answer that question, without equivocation, and I will answer it with another: As a 67 year-old black American, having seen what I've seen and lived with what I've live with; having been to the places I've been, and watch others, that I care about, live with and through many of the same things I've experienced, how can I not be? And, as to your assertion that "the real crime(s) in this country (is) all the crying about the past", there's a famous saying, that goes (and I am paraphrasing, here) 'those who don't know and understand their history, are doomed to repeat it'. And, as to your suggestion that indentured servitude and chattel slavery belong in the same same discussion, you are apparently an ignorant fool who has absolutely no idea what the hell you're talking about. You see there is a difference between hatred and righteous indignation; one is based on blind fear and a false sense of one's own importance, relative to others, as well as an unearned belief in one's innate superiority. The other is based on facts in the face of experience, whether it be empirical. personal or anecdotal, to support them. I'll let you decide whether you can be honest enough, with yourself, to decide which belongs to people like you, and which belongs to people like me.
I think the prosecuting attorney was absolutely correct.A rose is a rose. Way time we stopped coddling these NO GOOD VERMIN,and I DAMN WELL do NOT apologize. I think the DEATH penalty is the rightful solution for these drug pushers.If we were to make a very rare mistake in applying this penalty, TOO bad,they probably had it coming ,not to worry,@!$%# HAPPENS.
... does your death sentence apply to the "drug pushers" at the "top of the food chain" too. James W. Hall; specifically, the ones who aren't black or Hispanic? Maybe you're Black or Hispanic, for all I know. I'm just talking about fairness, under the law. here, James. And what about the cops, (you know, the ones who are paid to "protect & to serve" (lots of them are white, by the way, James) who are putting confiscated street dope & dollars, that never make it to the evidence locker, back on the streets for "fun & profit"; how 'bout those whites that are paying other whites, whites in public service, in positions of "trust & responsibility", to look the other way. Do you really think that the annualized millions upon millions in drug and drug dollars are finding their way into the pockets of Black and Latino "entrepreneurs" only? Greed is not racially selective, James. Do you mean we should put them all to death, or just those greedy Blacks and Mexicans? Or do you believe that the drug underworld is made up of just Blacks and Mexicans, James? You can't believe it is that simple, do you? And, by the way, you do realize that "Blacks & Mexicans" are not the only consumers of drugs in this country, don't you; that without white consumption, the traffic in illicit drugs would be far different (as in less, much less) that it is today. You do realize all of this, don't you James? Just asking...
I laugh when people think racism or bullying or any number of social ills can be legislated away. Call it any name you want, people, due to the nature of the beast, will always bully or have concerns about differing groups of people, little kids will be mean and greed will allow for people to become rich, and circumstances or laziness to have persons who are poor and the guy in the middle who is just happy to have a job.
P.C. has gone viral... no longer can we laugh at ourselves, no longer can we just tell it the way we see it. Was the Prosecutor wrong, maybe, but more likely he was calling it what was true in "his" life experience. I am sure others will take the side of the dealers who will be seen as entrepreneurs, in these hard economic times.
"If the shoe fits, ......." Our justice system is just suppose to ignore tendencies, as well as realities? We should ignore the fact that potential terrorists might be of Middle Eastern descent, as well. Come on; it's time to be real and stop this crying discrimination BS!
The supreme whore is at the center of the "deep and sorry vein of prejudice" against the poor and politically disconnected that has been in our corrupt judicial system from the beginning till now. Many dangerous, even homicidal criminals, have been set free into society and from punishment for far worse crimes on much less of a technicality; While others set rotting in prison for something as vague as association with criminals, or being aware of a crime and not risking their lives and financial welfare to report it. Contrary to dispeling the idea that the court condones injustice disguised as law they have verified it and the fact that they are "disappointed and troubled" rings of pathetic hypocrisy and is a slap in the face of justice.
You idiots think that just because someone declares that truth about the negativity of races, that that makes them racist. THIS IS WRONG! Stats prove that the lawyer is correct. However, I do think that he should have chosen better words. Stats may prove that minorities commit more crimes than the caucasian race, but what about the percentage per race? Not to mention what about the more major crimes?
So, I guess you could say that while I agree that there may be more in the numbers for the crimes the minorities commit, that just numbers, not percentages. Secondly, there is a time and a place for everything, that situation pertained to neither.
Percentage of race means nothing as a comparison. It is actually the percentage of drug dealers that counts. There are more white drug dealers than mexican or black drug dealers. Using ratios, one could say that the sole New Guinean transplant to America is a drug dealer, therefore, that's the first person we should point to because 100% of all American New Gunieans are drug dealers.
No need to comment on this post. Anything like this brings the racists out in force - white and black. Racists on either side are just stupid. It just shows how many people have no concern for others and their struggles, etc. Me, me, me, me, that is all you people care about - yourselves! You think you are better than others, you don't assist others, you just rattle on in your misinformed, uncaring, zero compassion brains. Rattle on racists!
If the shoe fits the profile wear it. If 90% of the crime is being committed by a group of easily profiled people, so be it. The SCROTUM remains out of touch with reality.