Yes, as many comments have accurately pointed out, in the face of the unprovoked “terroristic” assaults and batteries of innocent civilians on the streets of NYC, all of the witnessing officers remained either passive or silent. There is no doubt that this is evidence of a degree of negligence on their part. But we must be able to look beyond this fact, strategically, to get to the root of the issue and the cause of the problem.
If we step back from the immediate emotional response and look deeper we will see that these officers were as much victims as their silence/inaction rendered them enablers. Certainly not victims on the equivalent level of those who were citizens, journalists, even innocent passers-by who were victimized by the truly horrendous effects of O.C. Spray. But victims they were/are nonetheless in multiple senses. First it was apparent that several of these officers were directly effected, even if unintended victims, by the use of force by their superiors; a use of force in a context explicitly prohibited by NYPD policy for this reason. Secondly they were victimized by the potentiality for an escalation of violence that could have been provoked by the actions of the superior officers. And furthermore they are victims of circumstance and employment – victims of a culture within law-enforcement not to challenge so-called “authority” or each other. But especially knowing that any action that would call into question those of a superior are likely to be met with harsh repurcussions potentially costing their job, income, and the security of their families. This is a repressive environment.
Certainly, however, their negligence should not be merely overlooked. But we must think broadly and strategically in focusing our outrage and our efforts. Yes, the Nuremburg Principle still applies and applies in the US: “Just following orders” will not excuse action/inaction nor will it eliminate the moral culpability of an individual who remains passive or silent in the face of crimes and outrages. But we must take into consideration the extreme disparity of the (in)actions of the perpetrators, especially those of superior and supervising rank, and those who were involuntarily caught up in the situation simply trying to do their job.
We must recognize, and communicate to them and to the country/world, that they are actually in the same “tent” as those engaged in this protest and supportive of this movement. They too are victims of a system corrupted – and corrupted both from above, at its root and core, and inherently within. And it is this system specifically that we should be targeting. Not its other victims and pawns.
Those who have been documented as the direct perpetrators in these heinous acts (violation of use of force policy) and callous inactions (lack of required medical care) are not merely negligent. They are the secondary focus of this movement – those guilty of misfeasance (lack of care) and more importantly malfeasance (misuse/abuse of power/”authority”).
Strategically we will win if we bring more of “US” into our tent and isolate those who are directly associated with the causes of the problem, the sources and enablers of the corruption of the system. We will be advancing our inherent and more and more explicit message – this is not about “us vs. them” it is about “US” (the “We the People” in the U. of S.).
This unfortunate series of incidents which has been well-documented provides us a unique opportunity, a sort of battle cry to demand the EQUAL ENFORCEMENT and FULL PROTECTION of the laws. The key to the source of the corruption lies primarily in the lack of accountability that can be brought to bear on “officialdom.” In this case, however, despite the predictable double-speak excuse of claiming a “justified” use of force in spite of the overwhelming and indisputable evidence – we have a much more powerful weapon that if strategically used can be brought to bear on those individuals most guilty in these acts, and thereby gaining a real and tangible first victory on the “war against corruption”.
History and its precedents across the country demonstrate the unlikely outcome of complaints directed explicitly on the acts of malfeasance (misuse of force) leading to any, much less significant, action. However the issue here that opens a door to forcing the reluctant hands controlling the accountability mechanisms lies in the less direct issue of misfeasance of duty. It is in the callous disregard for both the lives and safety of those affected by the O.C. Spray and the blatant disregard for the policies that require such concerned responses upon the use of force that we have our greatest weapon in this smaller battle within the larger war. The evidence of this wrong is unequivocal. No amount of double-speak can avert the eyes of even the most cautious and reluctant superior or supervisor. The lack of action by those who directed and conducted the assaults and batteries cannot be swept under the rug and thus covered over and ignored.
If we, as a Nation, can come together collectively to file serious and directed complaints to the appropriate authorities at all levels (local NYC, NY State, and Federal) we CAN achieve a tangible and significant goal in getting some sort of administrative, at minimum, admonishment of this disregard for the basic policies of the departments. A problem which is raised to the highest dimension by the fact those directly responsible were supervising and superior to the rank-and-file on the street just doing their job – even if their own inaction constitutes a degree of negligence. The latter are not our enemy – they are one of US. It is those directly responsible, especially those of superior rank, who we must turn national, critical attention upon and UNITE ourselves as a broad-based community across the spectrum of views and beliefs. No sincere and honest American can tolerate the failure to provide medical care – especially when they learn that such care is mandated by the policies these ranking officers are sworn to enforce upon their subordinates.
Let us become focused as One. And we shall prevail by gaining Our first victory, and the needed recognition of both the incidents and the larger cause of their context, in this difficult but necessary struggle against officially condoned and contributed to corruption.
Let us take strategic aim where we can have our voices heard and gain a platform for our broader issues.
Demand Equal Enforcement of the Laws and Protection of the Public on the streets of New York City.