Boston Cop on Gates Arrest: I Would Have Pepper Sprayed the "Banana-Eating Jungle Monkey"

Boston cop Justin Barrett does not believe that Henry Louis Gates received enough punishment for criticizing James Crowley, the Cambridge police officer who arrested the Harvard University professor after mistakenly believing Gates was burglarizing his own home. Barrett says that the outcome of the incident would have differed had he been on the scene:

[I]f I was the officer he verbally assaulted like a banana-eating jungle monkey, I would have sprayed him in the face with OC [oleoresin caseinate aka pepper gas] deserving of his belligerent non-compliance.

Barrett made his comments in a very angry email he sent to Yvonne Abraham, a Boston Globe columnist who wrote an article that criticizes the arrest of Gates. The concluding language of Barrett's email states that Abraham's article should be called: "CONDUCT UNBECOMING A JUNGLE MONKEY –BACK TO ONE'S ROOTS."

In Complete Denial
Despite his blatantly racist rant, Barrett denied being a racist in the email and in a formal statement he released today after the Boston police commissioner suspended him. Apparently, Barrett could lose his job.

Barrett's attorney, Peter Marano, is apparently in deeper denial than his client. Marano says that critics have taken Barrett's comments out of context and that Barrett did not call Gates a "banana-eating jungle mon,ey." Marano says that Barrett only criticized Gates for acting like a "banana-eating jungle monkey." Thanks for clearing up the misunderstanding.

Question I: How many times has Barrett used this type of language to describe the behavior of whites?

Questions II and III: Imagine that Barrett never sent the email or made similar statements publicly. Under those circumstances, if Barrett had used pepper spray on an innocent black man who protested his treatment by officers without violence, would many people have believed that racism influenced his behavior? How would that situation differ from the Gates incident (other than the use of pepper spray)?

Obama and Gates: Two Unlikely "Race Men"

A week ago, the news circuit was ablaze over the arrest of Harvard University Professor Henry Louis Gates, a black man who teaches in the school's African and African American Studies department. Cambridge police arrested Gates after a neighbor called 911 to report a possible, though uncertain, burglary at his home. It turns out that Gates had to enter his home forcibly due to a malfunctioning lock on his front door. Despite identifying himself as the lawful occupant of the house, police initially did not believe him and subjected him to great scrutiny. After Gates protested his treatment, Officer James Crowley arrested him for "disorderly conduct."

Crowley said that he acted responsibly because the 911 caller said a "black man" was attempting to break into the home and that he only arrested Gates after he started behaving badly. The 911 tape, however, does not comport with the officer's description, and the caller has come forward to deny making a racial identification.

The District Attorney subsequently dropped the charge against Gates "in the interest of justice." Also, in a joint statement, the city and police department described the incident as "regrettable and unfortunate."

Two Unlikely Race Men
The arrest of Gates has led to a national conversation about race. Many commentators believe that race shaped the outcome of the scenario and that the arrest was another example of racial profiling. Others, however, dismissed this narrative and argued that police did nothing wrong when they responded to the 911 call or when they arrested Gates.

Upon reading some of the early articles regarding Gates' arrest, I felt that much of the analysis suggested that Gates -- an elite professor -- sustained an even greater injury from alleged racial profiling than poor and middle-class blacks who could inevitably detail numerous encounters they have experienced with police officers. I have discussed several of my own encounters with colleagues since the Gates incident. Being a law professor, however, does not make those moments worse. In fact, I probably escaped a lot of injury because I am both a lawyer and professor.

Gates
Although the incident has led to commentary regarding race, Gates is an unlikely symbol of racial protest. While Gates teaches in a race studies program, his work has focused much more on examining the historical aspects of black art, rather than examining issues of racial inequality and injustice (Note: I recognize that black artists have often focused on racial inequality). Gates shies away from controversial and socially damning commentary, which undoubtedly makes him attractive to faculty members at the numerous elite institutions where he has taught.

Many black men, most recently Colin Powell, have argued that they have learned to become extraordinarily humble in the presence of police in order to avoid an arrest -- or even worse outcomes. Although I believe that the First Amendment gives all of us the right to harangue cops, the Constitution has failed to prevent many angry cops from engaging in abusive and racially discriminatory behavior. Many whites report that they too submit to cops, but for black men, humility can mean life or death. It does not carry such stark choices for whites.

Obama
During a press conference on health care last week, a reporter asked Obama to comment on the arrest of Gates. In response, Obama said Crowley acted "stupidly." While I would not have chosen that word to describe Crowley's behavior (I can never imagine a situation requiring that I turn "stupid" into an adverb), the president's conclusion was not beyond the realm of reasonable commentary.

In fact, Obama was somewhat guarded, given the circumstances. The police arrested Gates after responding to a call that suggested someone could have been burglarizing his own home. Gates was arrested for protesting his treatment by the cops too zealously. But "protesting" police behavior is not a crime. Indeed, the Massachusetts Supreme Judicial Court has placed severe limits on the state's ability to enforce the "disorderly conduct" statute, given the First Amendment issues it implicates. Furthermore, the city and police department described the arrest as "regrettable and unfortunate," which suggests that it was not a reasonable outcome under the circumstances. Finally, the District Attorney sought dismissal of the charge "in the interest of justice." Given these reactions and the First Amendment, one could reasonably (even if inartfully) argue that Crowley acted "stupidly."

When Obama initially discussed the Gates incident, he did not accuse Crowley of racial motivation. Instead, he spoke about race in an abstract manner, saying that "racial profiling" continues and that he had sponsored legislation in Illinois to stop the practice. Obama's tepid racial analysis mirrors his general strategy on race. President Obama has sought to invoke race in ways that are ceremonial (e.g., celebrating MLK's birthday) or abstract (saying "we" all need to do better on race or that "racial profiling" still occurs). At the same time, Obama seeks to remain very distant from the thorny subject of racial politics (such as affirmative action) which causes discomfort among many whites.

During the presidential campaign, many of Obama's supporters and members of the news media (who were often indistinguishable), described him as a "post-racial" candidate. That description, however, ignores that subtle ways in which Obama used race to his advantage (e.g., emphasizing the "historic" nature of his campaign and downplaying race to comfort whites).

Despite his racial tightrope walk, Obama's comments regarding the Gates incident sparked controversy. Some commentators argued that he should not have placed blame with Crowley, arguing that Gates could have overreacted to the situation, causing his arrest. Some dismissed the relevance of race altogether. Others criticized Obama even as they openly praised racial profiling as a law enforcement tool.

Faced with criticism (which he seems to hate and want to avoid like the plague) on an issue (race) that he wants to ignore whenever possible, Obama backpedaled -- to such a degree that he invited both Gates and Crowley to the White House for a beer. Both individuals accepted, and tonight, the three men will come together for some hops.

Jake Tapper of ABC News has posted some interesting information on his blog that makes the presidential happy hour even more farcical than it already is: "The president, we are told, will be drinking Bud Light, Crowley will have Blue Moon, and Gates will have Red Stripe -- Red Light and Blue." Bleh.

My Take
Gates absolutely had the right to protest the incident, and I believe that race probably factored into his arrest. Once Crowley (finally) accepted the fact that Gates was not a burglar, he should have simply left the scene. But the "uppity" Gates harangued him, which by the officer's own admission led to the arrest. That race could have influenced the officer's conduct does not make him an awful or incompetent individual. Instead, it demonstrates the subtle or unconscious operation of race, even among generally well meaning individuals.

Gender probably mattered as well. The battle between two men - one black, the other white -- over "public dignity" and power is a classic one.

Regardless of whether race was a factor, I agree that the officer acted inappropriately in arresting Gates (so ignore the race angle if it bothers you). The First Amendment permits all of us to criticize cops, especially on political issues such as racial justice. Despite this fact, the President will chug a brew with both Gates and Crowley in order to make everyone "get along" after he almost talked about race. Perhaps the trio will exchange a few manly slaps on each others' arms and share "high fives" as they laugh the regrettable and unfortunate incident right out of their hair.

Obama will likely escape the messy racial thicket that he has spent a lot of time and energy avoiding. And while his backpedaling on this issue might help him politically, it does not give serious treatment to the important issue of race in our society. Consequently, the president's behavior is regrettable and unfortunate.

Conservatives React to Obama, Gates and Race

Last week, Cambridge, Massachusetts police arrested Henry Louis Gates, a professor at Harvard University. The police were responding to a call from Gates's neighbors who believed that someone was trying to break into his home. Police arrived and found Gates at home. Apparently, Gates had to force his way into the home because his key would not open a damaged door lock. Gates produced identification establishing his identity, but police initially refused to believe him. After Gates protested the situation, police arrested him for "disorderly conduct." The charge was subsequently dropped.

Obama's Reaction
During Wednesday's press conference, President Obama responded to a question related to the arrest. Here is a transcript of his comments:

QUESTION: Thank you, Mr. President. Recently, Professor Henry Louis Gates, Jr., was arrested at his home in Cambridge. What does that incident say to you and what does it say about race relations in America?

OBAMA: Well, I should say at the outset that Skip Gates is a friend, so I may be a little biased here. I don’t know all the facts. What’s been reported though is that the guy forgot his keys, jimmied his way to get into the house. There was a report called in to the police station that there might be a burglary taking place. So far, so good,
right? I mean, if I was trying to jigger into -- well, I guess this is my house now, so...

(LAUGHTER)

... it probably wouldn’t happen. But let’s say my old house in Chicago.

(LAUGHTER)

Here, I’d get shot.

(LAUGHTER)

But so far, so good. They’re -- they’re reporting. The police are doing what they should. There’s a call. They go investigate what happens.

My understanding is, at that point, Professor Gates is already in his house. The police officer comes in. I’m sure there’s some exchange of words. But my understanding is, is that Professor Gates then shows his I.D. to show that this is his house and, at that point, he gets arrested for disorderly conduct, charges which are later dropped.

Now, I don’t know, not having been there and not seeing all the facts, what role race played in that. But I think it’s fair to say, number one, any of us would be pretty angry; number two, that the Cambridge police acted stupidly in arresting somebody when there was already proof that they were in their own home; and, number three, what I think we know separate and apart from this incident is that there’s a long history in this country of African-Americans and Latinos being stopped by law enforcement disproportionately. That’s just a fact.

As you know, Lynn, when I was in the state legislature in Illinois, we worked on a racial profiling bill because there was indisputable evidence that blacks and Hispanics were being stopped disproportionately. And that is a sign, an example of how, you know, race remains a factor in the society.

That doesn’t lessen the incredible progress that has been made. I am standing here as testimony to the progress that’s been made. And yet the fact of the matter is, is that, you know, this still haunts us.

And even when there are honest misunderstandings, the fact that blacks and Hispanics are picked up more frequently and often time for no cause casts suspicion even when there is good cause.

And that’s why I think the more that we’re working with local law enforcement to improve policing techniques so that we’re eliminating potential bias, the safer everybody is going to be. All right? Thank you, everybody.

The Responses from the Right
Commentary regarding Obama's statements regarding Gates's arrest are just emerging, but many conservatives have questioned Obama's position. Here are some of the conservative responses.

William Kristol
Conservative William Kristol believes that Obama should not have "attacked" the police for behaving "stupidly":

Does [Obama] really know enough about what happened to say that? Maybe it was Professor Gates who behaved stupidly, or at least arrogantly. He is, after all, a Harvard professor. I was once a Harvard professor, and my instinct is to side with the Cambridge cops.

William A. Jacobson
Conservative blogger William A. Jacobson takes issue with Obama's description of the arrest and argues that Gates sealed his own fate with his "verbal assault" on the police:

Gates wasn't arrested for being in his own home. He was arrested after police reacted -- maybe overreacted -- to Gates' verbal assault on the police. Obama's statement did not leave open the possibility that Gates caused the problem not by being in his home, but by overreacting to police officers investigating a complaint of a burglary in progress.

American Power Blog
And the immensely conservative blog American Power defends the police activity by defending the general use of racial profiling and describing Gates as a belligerent:

[Black] dudes commit the most crimes, and profiling is perfectly legitimate as a crimefighting tool when the odds are that a certain demographic is prone to particular types of criminal activity. I frankly can understand the fears of people flying cross-continental airliners when they see Middle Eastern and Muslim passengers on board. Individuals from those groups have committed the most heinous crimes on Americans. Fear and worry when "profiling" people like that makes sense.

That may be politically incorrect. But take that away, and we're left with Henry Louis Gates' belligerence, which included the comeback, "I'll speak with your mama outside," when the policeman requested that Gates step outside.

[Editor's Note: This is way beyond "politically incorrect." Compared with this, KKK literature is "politically incorrect."]

The blog also contends that Obama's comments reflect the fact that he is a "Harvard-trained radical."

My Reaction
Obama's comments characteristically give a little to the left, right and middle in an effort to appear balanced and moderate. Obama concedes that Gates is a "friend." He states that he does not know all of the facts. He admits that the parties probably exchanged some tough words. He praises progress in United States race relations. He does not say that race motivated the police -- a charge the most whites are reluctant to believe about police. He speaks about race in an abstract fashion, detached from the question at hand, mentioning only the history of race in the United States and his work on "racial profiling" as an Illinois legislator. Finally, he puts in a good word for all of the honest cops who simply do their work without engaging in racial profiling.

It is really difficult to disagree with these comments. There is a history of racial profiling, which continues today. Also, the city and the police department officially stated that the situation was "regrettable and unfortunate." Although I suppose that rational or intelligent (as opposed to "stupid") behavior could lead to "regrettable and unfortunate" results, in this context the official statement reads like a subtly worded admission of wrongdoing (or stupidity). Furthermore, the District Attorney has declined to prosecute the case "in the interests of justice," which again suggests an admission of impropriety (not simply a generalized exercise of discretion not to prosecute).

Jacobson, however, faults Obama for not leaving open the possibility that Gates overreacted, which led to his arrest. Jacobson contends that most people would not yell at police, and that Gates sealed his own fate by not following this general pattern. First, the official statement from the city and police department counters Jacobson's effort to place blame with Gates. Furthermore, although Jacobson's description of how people react to cops is probably accurate, I take issue with the implication that cops should be able to make arrests or act out of racial biases (or both) without passionate verbal protests.

Police officers frequently arrest people who "take issue" with the officers' behavior and after the individuals demand identification, badge numbers, etc. Gates stated that he was only arrested after he demanded such information and criticized the officers. Verbal protests and requests for information, however, should not justify an arrest. The First Amendment gives people a right to question police. It also allows people to protest racism. Furthermore, the laws in many jurisdictions actually require police to disclose their badge numbers and names to individuals subject to an interrogation or arrest. When people ask for this information or simply "bad mouth" cops, this does not constitute disorderly conduct. Law enforcement officers are not above the law or criticism.

While some people might escape arrest if they remain silent in the wake of police misconduct, the law does not mandate this approach. Anger is a very natural response to racism, perceived and otherwise. And while whites have probably been arrested for protesting police conduct, I doubt that many whites have been suspected of burglarizing their own homes. This point, however, is noticeably absent in many of the critiques of Obama's statements. Being a suspect at home is aggravating enough. Being a suspect at home due to racism is infuriating. Being arrested for "disorderly conduct" after becoming infuriated and expressing this anger does not remove race from the equation. Instead, an arrest under these circumstances actually centralizes the subject of race.