Bush 1’s legacy
Jeffrey Toobin tells us what Clarence Thomas has been up to lately, starting with a grotesque case out of Mississippi:
A Mississippi prosecutor went on a racist crusade to have a black man executed. Clarence Thomas thinks that was just fine.
That’s the message of an astonishing decision today from the Supreme Court. The facts of the case, known as Flowers v. Mississippi, are straightforward. As Justice Brett Kavanaugh put it, in his admirably blunt opinion for the Court, “In 1996, Curtis Flowers allegedly murdered four people in Winona, Mississippi. Flowers is black. He has been tried six separate times before a jury for murder. The same lead prosecutor represented the State in all six trials.” Flowers was convicted in the first three trials, and sentenced to death. On each occasion, his conviction was overturned by the Mississippi Supreme Court, on the grounds of misconduct by the prosecutor, Doug Evans, mostly in the form of keeping African-Americans off the juries. Trials four and five ended in hung juries. In the sixth trial, the one that was before the Supreme Court, Flowers was convicted, but the Justices found that Evans had again discriminated against black people, and thus Flowers, in jury selection, and they overturned his conviction.
I’m confused by this, because it sounds like double jeopardy over and over again. It also sounds odd that the same prosecutor was on all the cases even though the convictions kept getting overturned.
As Kavanaugh recounted in his opinion, Evans’s actions were almost cartoonishly racist. To wit: in the six trials, the State employed its peremptory challenges (that is, challenges for which no reason need be given) to strike forty-one out of forty-two African-American prospective jurors. In the most recent trial, the State exercised peremptory strikes against five of six black prospective jurors. In addition, Evans questioned black prospective jurors a great deal more closely than he questioned whites. As Kavanaugh observed, with considerable understatement, “A court confronting that kind of pattern cannot ignore it.“
However much it would like to.
Yet Thomas, the one black person on the court, says yes this is awesome, let’s have more of this.
But Thomas can, and he did. Indeed, he filed a dissenting opinion that was genuinely outraged—not by the prosecutor but by his fellow-Justices, who dared to grant relief to Flowers, who has spent more than two decades in solitary confinement at Mississippi’s notorious Parchman prison. Thomas said that the prosecutor’s behavior was blameless, and he practically sneered at his colleagues, asserting that the majority had decided the Flowers case to “boost its self-esteem.”
Aka “virtue-signalling.” I guess it’s better to have evil-signalling? Evil racism-signalling?
Despite Thomas’s usual silence on the bench (he did ask a question during the Flowers argument), he is clearly feeling ideologically aggressive these days. In his Flowers dissent, Thomas all but called for the overturning of the Court’s landmark decision in Batson v. Kentucky, from 1986, which prohibits prosecutors from using their peremptory challenges in racially discriminatory ways.
Gotta let those prosecutors do their racist thing, because…let’s see…because anything else is just political correctness? Do I have that right?
I think Clarence Thomas is an actual sociopath. Some people will say, “That’s just going too far!” It isn’t. Other people would say, “Of course he is, just like all of them.” But that just makes scary pathology normal and unremarkable.
What would the world look like if we ever came to candid grips that we are, quite literally, ruled by disordered and psychopathic people. By actual movie villains who exist in real life? What would the world look like if we took this *seriously*, and acted on it *seriously*, as a matter of public concern?
NPR was reporting on this (Nina T, natch) yesterday while I was driving. When I heard her describe Thomas’ views my jaw did indeed drop open. It was . . arresting.
Not a lawyer, but as I understand it, retrying after a mistrial (whether due to a hung jury or a procedural “error”) is not considered double jeopardy.
Not having read the case history, my guess is that each of the convictions in trials 1, 2, and 3, were reversed by the MS Supreme Court. When a judgment is reversed, the defendant is entitled to a new trial. The prosecuting agency can exercise its discretion in deciding whether to try the case again. Double jeopardy applies to acquittals. The state can’t keep trying you after you’re acquitted.
However, just on the recounting of the procedural history, it is an example of exactly the kind of repetitive prosecution, using the full power of the state to crush the individual over and over again, that the Double Jeopardy clause was intended to prevent.
Oh, thank you. Of course. I should have been able to reason that out, but nah.
Congratulations, Clarence Thomas. You’ve somehow made Kavanaugh look good.
Skeletor, I was thinking something similar. How bad does one have to be to cede the moral high ground to Brett Kavanaugh of all people?
@1, 6 and 7 – I’m pretty sure it was somewhere in Ken White’s twitter timeline I saw him say that when a judge describes a crime in pornographic detail it’s so that they can say ‘Sure, I support all those Constitutional rights you bang on about, but not for THIS guy.”
Ken also commented along the lines of “At some point you just hate black jurors more than you hate a sound conviction.”