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New York still unready for Maddox

Alton H.Maddox | , Jr. | 4/12/2011, 4:39 p.m.

When I was wrongfully suspended from the practice of law in 1990 for refusing to assist New York in its investigation of my client, Tawana Brawley, and the prosecution of my other client, Al Sharpton, in two indictments involving 70 counts, it follows that the New York Police Department can engage in racial profiling and the assassination of young Black men with impunity.

The tragedy though is that Blacks in New York would start knocking on the wrong doors, talking to the wrong people and asking the wrong questions. Gullible Blacks are being misled by high-profile preachers and politicians. Mayor Michael Bloomberg is paying the tab.

This is a classic case of the blind leading the blind and it was exported to Jena, La., in 2007.There will be no relief in sight until Blacks get on the right track and demand legal and political representation. Lawyers run this country. Any group without competent and zealous lawyers is located at the bottom rung of the political ladder.

American jurisprudence has an on/off switch, and Dred Scott is still in effect. Stated differently, the law is outcome determinative. Moreover, the outcome of a case is dependent on race. Capital punishment proves this point. The race of the victim determines the sentence. For example, John White of Suffolk County used a gun on his own property to protect his Black family against a white lynch mob. White is headed to prison. Joe Horn of Texas fatally shot two Black trespassers in the back on an absent neighbor's property. Horn, who is white, was never charged with a crime. Alexander Hamilton Garland, a white attorney, was unable to swear under the Test Act of 1865 that he had never given aid and comfort to the Confederate States of America. President Andrew Johnson pardoned him and he became a U.S. attorney general. President Bill Clinton pardoned Bill Borders in 2001 for felonious acts in United States v. Alcee Hastings. Borders is still fighting for reinstatement to practice law in the District of Columbia. Bush 41 pardoned Eliot Abrams for his conviction in the Iran-Contra affair. The District of Columbia allowed him to continue practicing law.

Garland was subject to a "nation of laws." The pardon power of a president under Article II, Section 2 of the U.S. Constitution extends to "Offenses against the United States, except in Cases of Impeachment." Borders, on the other hand, is subject to a "nation of men": "no Negro has any rights that whites are bound to respect."

Mychal Bell, a member of the "Jena 6,"was successfully prosecuted in adult court after he had already been successfully prosecuted in juvenile court in Jena, La. Bell was unable to secure an attorney to defend his constitutional rights. This is the status of an unpopular defendant.

In the meantime, the four white assassins of Amadou Diallo were acquitted in state court, and the U.S. Justice Department has refused to prosecute them for federal civil rights violations. It might violate their right to double jeopardy, especially when the perpetrators are white and the victim is Black. White men are repeating history while most Black leaders are sitting on the fence. John Menard, in 1868,was the first Black person elected to Congress. Whites arbitrarily denied him his seat. One hundred and forty years later, whites are once again refusing to seat Roland Burris, the junior U.S. senator from Illinois. Whites want a white woman to replace President-elect Barack Hussein Obama in the U.S.Senate. Apartheid continues.