Archive for the ‘Eric Holder’ Category

Biden Should End Espionage Act Prosecutions of Whistleblowers and Journalists – The Intercept

Before Donald Trump began his run for president, there was a war against journalism in the United States. President George W. Bush used the Espionage Act and sought to jail reporters who refused to give up their sources, not to mentionkillingjournalists in war zones. When President Barack Obama, a constitutional law scholar, came to power, he did so claiming that he and Joe Biden would represent the most transparent administration in history. But then reality set in. During his eight years in power, Obamas Justice Department used the Espionage Act against whistleblowers more than all of Obamas predecessors combined. They continued the Bush Justice Departments war on journalists, includingthreatening to jail then-New York Times reporter James Risen if he did not testify against his alleged source.

Despite its prosecutions of whistleblowers, Obamas administration understood that use of the Espionage Act was controversial and widely denounced by press freedom organizations. Attorney General Eric Holder sought to implement some guardrails against spying on journalists, though the administration maintained it had the right to do so in some circumstances. Still, Obama commuted whistleblower Chelsea Mannings draconian 35-year prison sentence. During Trumps tenure Manning was jailed again for nearly a year for refusing to testify in front of a Grand Jury. Obamasadministration also declined to indict WikiLeaks founder Julian Assange and at least one other alleged whistleblower accused of leaking documents about the drone assassination program. Trumps administration dug both cases out and moved forward with espionage prosecutions, which remain active.

Cyclists pass a truck with a protest sign reading #FreeSpeech with pictures of Chelsea Manning, left, and WikiLeaks founder Julian Assange, right, in Washington, D.C., on April 16, 2019.

Photo: Brendan Smialowski/AFP via Getty Images

Trump came to power following a political campaign in which he attacked the free press, adopted fascist slogans to denounce reporters, and denied that basic facts were true. Trump harbored a Nixonian hatred of the press and lived in constant fear of leaks, particularly about his personal finances.

In a clear effort to send chills through the government and as a warning to any would-be whistleblowers, Trumps Justice Department went on a rampage using the Espionage Act. Its first major prosecution was against a National Security Agency contractor named Reality Winner. The Justice Department accused Winner of leakingtoa news outlet an NSA documentthat showed Russian efforts to penetrate software used in some U.S. voting systems in 2016. Othernews organizations have stated that the outlet was The Intercept.Winner accepted a plea agreement to one count of felony transmission of national defense information and was sentenced to five years, the longest prison term of any whistleblower convicted under the Espionage Act. It was an unconscionable act by a vindictive administration.

The Trump Justice Department weaponized its indictment of Winner in an effort to smear The Intercept and to encourage the media to focus on other journalists rather than the contents of the NSA document in question or the unjust use of the Espionage Act. Unfortunately, many publications took the bait and played into Trumps malignant anti-press crusade.

When indictments of whistleblowers happen and FBI investigations are launched, journalists should scrutinize and confront the actions of intelligence and law enforcement agencies and assess what these attacks mean for the freedom of the press. Instead, so many media outlets seemed to want to aid the Trump administration in making this about what journalists did or did not do making the publication the target, instead of focusing on the secrets that whistleblowers exposed or the dangerous weaponizing of the Espionage Act by both Democratic and Republican presidents.

I believe that The Intercept made serious errors in its editorial process on theRussia story, and I advocated both publicly and internally for The Intercept to explain exactly what happened. I believe that some of these mistakes were preventable. At the same time, there were serious legal concerns that anything The Intercept said in public could be used against Winner and other sources, and our attorneys implored The Intercepts editors to say nothing. I understood the legal logic. Our editor-in-chief ended up making a statement acknowledging that we had failed to live up to our standards and taking responsibility for the institutionalfailure.

This was a complicated situation, and I believe the facts make clear that Winner would likely have been arrested regardless of any mistakes made by The Intercept. She was one of just six people in the entire U.S. national security apparatus to print the document in question and the only one to use a government computer to send emails (which were unrelated to the Russia story) to The Intercept. That doesnt absolve The Intercept, but it is an important part of this story that is seldom mentioned. And we all know the Trump administration prioritized punishing leakers and was willing to use the full force of the state to do so. It was disturbing that the overwhelming focus of the reporting on Winner bysome media outlets was not on the contents of the document she allegedly revealed or that the Trump administration was wielding the Espionage Act like a weapon in order to threaten any would-be whistleblowers. The lead prosecutor made the outrageous statement that Winner was the quintessential example of an insider threat. The Intercept deserved criticism and scrutiny, but the problem was that it often came at the expense of holding the chief villains of the story accountable.

Joe Biden speaks with the press before departing Charlotte, N.C., on Sept. 23, 2020.

Photo: Jim Watson/AFP via Getty Images

President Joe Biden has an opportunity to right some of these wrongs. He should publicly commit to ending the use of the Espionage Act against whistleblowers. Congress could also amend or repeal the act so that it cannot be used for such purposes. Biden should also take actions to end the persecution of Assange and return to the Obama-era position that Assange should not be prosecuted by the United States. We thought it was a dangerous precedent to prosecute Assange for something that reporters do all the time,saidMatthew Miller, an Obama Justice Department spokesperson. The Espionage Act doesnt make any distinction between journalists and others, so if you can apply it to Assange, theres no real reason you couldnt apply it to [the New York Times]. Biden should immediately pardon Winner and secure her release from a coronavirus-infested prison. He also should drop the case against former intelligence contractor and war veteran Daniel Hale, who is facing trial under the Espionage Act for allegedly leaking documents on the U.S. drone and assassination programs.

We have just seen the end of a dangerous administrationthat openly waged war against journalism. For four years, the president of the United States used the Justice Department as his personal law firm and a political cudgel against his perceived enemies, including the press. Even if Biden doesnt agree with the principles I am advocating, he could declare these Espionage Act indictments to be the toxic fruit of the poisonous and discredited Trump Justice Department. And media outlets should remember the next time a whistleblower is arrested that the most important task for journalists is to hold those in power to account rather than allow themselves to be used in a government distraction campaign.

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Biden Should End Espionage Act Prosecutions of Whistleblowers and Journalists - The Intercept

12 things the hemp CBD industry needs to succeed under Biden – New Hope Network

In the waning, groaning days of the Trump administration, with nary a week left until it leaves office, the Trump administration's U.S. Department of Agriculture issued its final rule governing hemp production. While the final rule, much to the dismay of hemp farmers, leaves the Drug Enforcement Agency in their businessfarm bill be damnedthere are other reasons to be cheerful.

The USDAs final rule expands the harvest window before getting tested (at a DEA lab, naturally), allows alternative forms of disposal or remediation for "hot"hemp that is higher than 0.3% THCand raises the negligence threshold of THC before mandatory disposal up to 1% THC.

Related: Marijuana legalization could supercharge CBD at retail

The transition from prohibition to a legal and regulated system takes time, noted an optimistic Shawn Hauser, partner and chair of the hemp and cannabinoids department at the Vicente Sederberg law firm, and USDAs final rule is a historic step forward for hemp in the U.S.

Fellow hemp attorney Garrett Graff, managing partner at the Hoban Law Group, described it as a "two steps forward and thenstagnant" type of deal.

Related: 2020 election could raise the fortunes of hemp and CBD

Time will tell, said Graff, whether a new administration, secretary of agriculture and Congress, how quickly that progress and further work can be realized.

There is actually quite a bit of progress that still needs to happen. It starts with the new Biden administration and ends with guess who? Heres our list of 12.

Under the governing legislation, the Federal Food Drug and Cosmetic Act, lies the loophole that the FDA can assert enforcement discretion around anything else in the Act. Specifically, the FDA can write in stone what has essentially been its de facto response to CBD in supplements, which is to let the market flourish freely. Announcing that would give comfort to large mainstream retailers and other interests to hop in the cannabinoid game with both feet in the deep end of the pool. This, many hemp observers keep saying, is what is keeping the market from reaching its full fruition. As of yetthe FDA has neither initiated such a notice-and-comment rulemaking for enforcement discretion, nor committed to doing so.

For example, the FDA wants to see amended last Congress H.R. 8179the Hemp and Hemp-Derived CBD Consumer Protection and Market Stabilization Act of 2020 (it will have a new number in the new Congress but the same title)to include only CBD and none of the other cannabinoids or other ingredients derived from the plant. The FDA wants to save as much of the rest of the Cannabis sativa plant for pharmaceutical intereststhis despite the agency essentially losing the plant to the unregulated people via medical marijuana laws (now numbering 36 states and four territories) and recreational marijuana (another 15 and three territories).

We know, we know. Not bloody likely. We give you this chestnut of a quote from the FDA that leaves no doubt about the direction it seeks to steer the hemp and CBD market:We are also concerned that by including these other hemp-derived compounds in the bill language, it could disincentivize potential drug development of these compounds and instead encourage the use of these compounds in dietary supplements. Cannabinoids as anything other than pharmaceuticals? Youd think "drug"was the FDAs middle name or something.

Could you imagine? The Marijuana Opportunity Reinvestment and Expungement Act was already introduced into Congress last year and actually passed the U.S. House in December. It died in the Republican-led Senate, but all Congress is now run by Democrats. It could go all the way in the 117thCongress. The MORE Act would remove pot from the Controlled Substances Act, eliminate all records of weed crimes and more. The MORE Act was considered DOA in the Senate, said Jonathan Miller, counsel for the U.S. Hemp Roundtable. But now that the Senate is Democratic, theres a lot more likes to it. We could see marijuana legalization in the next Congress. The MORE Act would instantly remove the Drug Enforcement Agency from meddling with hemp farmersand could fundamentally shift the supply market. THC would matter only in finished goodsthink kombucha: If you want the high-alcohol booch, go to the liquor store;otherwise, see the healthy beverage cold box of local retailers.

Whats more innovative than the cannabis industry in the last five years? Tesla? Consider this: delivery methods and activation times make a big difference. Think of all the different delivery formatsfrom tinctures and gummies to lotions and vaporizers. Different formats have different times to take effectvapes hit the body immediately, tinctures taken sublingually take a little longer, balms even longer to get through the skin andgummies and tablets have to metabolize in the liver before going into the bloodstream.

Brands that understand that different activation times and how long they last yields different results will prosper. Maybe a vape pen product is for acute anxiety. Maybe a topical is for chronic muscle pain. Maybe tablets are for daily wellness. Combine that with consistent source material, so consumers know what to expect from a product time after time, and thatwill give reliability to the market and help it mature.

Merrick Garland had his 15 minutes of fame when President Obama nominated him to the Supreme Court in early 2016, only to see Republicans stymie the normal process for more than a year in the hopes Republicans would win the White House in 2016 and could nominate their own judge. But Garland is back afterbeing nominated by President Biden as attorney general, and some think this could have significant effects. After all, it was Obama Attorney General Eric Holder who, not three months into the Obama tenure, in April 2009announced the Department of Justice would not interfere with states that have their own cannabis laws. Overnightthe green rush was on, and itcontinues to this daydespite first Trump Attorney General Jeff Sessions being a well-known drug warrior. Garland, said Miller, will eliminate politics behind the scenes and allow hemp to be an agricultural issue, not a controlled substance issue.

FDA could announce CBD upper intake levels per serving; this is actually a slippery slope. There is no other dietary supplement ingredient that has any such proviso or warning around upper intake levels. And the FDA back in the 1970s wanted to create a rule that any vitamin or mineral supplement product formulated to contain more than 100% of the RDA should be sold only in pharmacies. It took the famous Proxmire Amendment of 1976 to put the FDA back in its place. So we hold a jaundiced view of giving the FDA this authority.

Yet the British regulatory agency has come out with 70 mg per day CBD as being the upper safe limit per serving. We dont know of any CBD supplement that has higher than 70 mg per serving, so thiswould not cause companies to disruptively reformulate. But any number would give some semblance of legitimacy to food, beverage and supplement interests that the FDA is ready to authorize access to hemp phytochemicals. Oreos with CBD? Pepsi CBD? It would be the first new ingredient given access to the multinationals in half a century. It would go a long way to deal with the great storage experiment that was the 2019 overharvest.

Yes, to guarantee hemp crops will certifiably stick to below 1% THC. But also to help farmers in different regions and different growing conditions grow hemp best where they are. The high and dry climate of Colorado is a world away from humid, rainy Kentucky. You wouldnt want to plant the same seeds in both places. Farmers would love nothing more than to have a uniform yield and uniform compliance with their hemp crop. Thanks to the work of companies that specialize in providing stable seed genetics with value-added traits, the fledgling industry is almost there.

After farmers grow it and before either industry uses it for things like bioplastics, textiles or other building materials or retailers put supplements on store shelves, there is the processing of hemp that has to happen. It helps if facilities are close to farms. Right now there are precious few hemp processing facilities. Investors need to step up. And maybe government mandates around purchasing American-made sustainable materials can help. If only there was a president claiming to want to build back better.

According to a Vote Hemp survey, more than half of all hemp business respondents are concerned about regulationsspecifically, disrupting the CBD supply chain, criminal action against CBD producers and decreased willingness from retailers to stock CBD products. Were thinking banking guidance from the Treasury Department, if not Congress, would help. That way companies dont have to work on black market-style cash-only transactions.Plus, banks need to be educated because no legislation can force a bank to make a risk decision they feel uncomfortable with.

Interstate transportation guidance from the U.S. Department of Agriculture would help ensure crops can travel around the country without Barney Fifes in backwards states causing unnecessary problems. The hemp industry had hoped such relief would come from Congressional action, but Vote Hemp presidentEric Steenstra says Republican Senators Mitch McConnell and Mike Crapo have been the roadblocks here. Perhaps a newly reformulated Congress can push this through now.

You, yes you. Cannabis needs you, and Congress needs to hear from you. Because while the hemp industry, which includes retailers, wants to see expanded access, there are other competing interests out there that do not. And you wont be surprised to hear that Congress often does the job of the highest bidder and not the highest good. Dont forget that we have consumer groups rallying against getting Congress involved, said Rend Al-Mondiry, attorney at the Amin Talati Wasserman law firm. We have some reluctant members of Congress that dont want to sidestep the FDA. Plus, we have the FDA asking for things like mandatory NDI notifications and CBD serving limits and also pushing for changes to DSHEA, and pharma continuing to shape the process. As a famous American poet once crooned, Theygot the guns but we got the numbers, gonna win yeah were taking over, come on!

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12 things the hemp CBD industry needs to succeed under Biden - New Hope Network

The Attacks on Biden’s Nominee to Run the Civil Rights Division at DOJ Have Already Started – Washington Monthly

Kristen Clarke, Nominee to head the Civil RIghts Division off DOJ

On January 6, the fateful day that insurrectionists stormed the Capitol, President-elect Joe Biden announced his nominees to lead the Department of Justice. That is perhaps why the news of those nominees hasnt gotten the attention they usually garner.

But that was also the day we learned that Democrats won the two Georgia run-off elections, giving them a bare majority in the Senate. Perhaps the timing was simply a coincidence, but Bidens nominee to be the next attorney general, Merrick Garland, will finally get the hearingsand probable confirmationhe was denied when former President Barack Obama nominated him for the Supreme Court. While Garland might not have been the first choice for that position by many liberals, there is a sense that justice will be served.

Nowhere in the federal government will the task of rebuilding after Trumps presidency be more urgent than at the Department of Justice. Former Attorney General Jeff Sessions worked tirelessly to decimate everything accomplished by the Obama administration, while William Barr politicized the department by using it to defend Trump and his associates.

Garland has a massive task ahead of him. But Biden also announced the three leaders who will join him in those effortsall women.

Lisa Monaco has been nominated to be Deputy Attorney General, the position previously held by Rod Rosenstein. After being a career prosecutor at DOJ, Monaco served as Assistant Attorney General for National Security and as White House Homeland Security and Counterterrorism Advisor in the Obama administration. Of particular note is that she created the first nationwide network of national security cyber prosecutors.

Vanita Gupta has been nominated to be Associate Attorney General. From 2014-2017, she served as acting director of DOJs Civil Rights Division. I profiled Gupta during that time. She currently serves as President and CEO of The Leadership Conference on Civil and Human Rights.

Kristen Clarke has been nominated to be the director of DOJs Civil Rights Division. As a prosecutor in that division, she handled hate crimes, human trafficking, police misconduct, voting rights, and redistricting cases. Clarke currently serves as president and executive director of the National Lawyers Committee for Civil Rights Under Law.

These three choices tell us a lot about Bidens priorities for the Department of Justice. While all three women have demonstrated competence and experience, two of them have dedicated their entire careers to fighting for civil rights.

Fox News personality Tucker Carlson didnt waste any time going after Clarke. That will come as no surprise to the Biden team or Clarke because attacking the person Democrats nominate to run the Civil Rights Divisionwhich former Attorney General Eric Holder called the crown jewel of the Justice Departmenthas become a time-honored tradition on the right. President Bill Clintons nominee, Lani Guinier, was attacked for writings that were deemed to be too radical, and Obamas nominee, Debo Adegbile, was smeared for being part of a team that filed an appeal to the death sentence of Mumia Abu-Jamal, who had been convicted of murdering a Philadelphia police officer.

So why have Republicans been so intent on attacking Democratic nominees to run the Civil Rights Division at DOJ? It was created in 1957, under Dwight Eisenhower, and assigned the task of enforcing federal statutes prohibiting discrimination based onrace, disability, religion, and national origin. It has become the battleground for issues such as voting rights, prosecution of police brutality, and defense of affirmative action. Here is how Clarke identified the task before her.

Under Republican administrations since Reagan, that work has been undermined. Ari Berman documented what happened in the 1980s.

The Reagan administration had already embarked on a radical makeover of the DOJs Civil Rights Division, which enforced the VRA. The assistant attorney general for civil rights, William Bradford Reynolds, believed that government-imposed discrimination had created a kind of racial spoils system in America favoring historically disadvantaged minorities over whites, an argument that no head of the Civil Rights Division had ever made before. During Reynolds tenure ending busing became more important than desegregating schools, dismantling quotas became more important than integrating the workforce or academia and preventing proportional representation became more important than achieving a multiracial government.

During George W. Bushs presidency, the Civil Rights Division not only faced charges of corruption, but the focus also changed from promoting voting rights to voter suppression via allegations of fraud. Here is what Joseph Rich, former head of the Voting Rights Section,wrote about that:

It has notably shirked its legal responsibility to protect voting rights. From 2001 to 2006, no voting discrimination cases were brought on behalf of African American or Native American voters. U.S. attorneys were told instead to give priority to voter fraud cases, which, when coupled with the strong support for voter ID laws, indicated an intent to depress voter turnout in minority and poor communities.

Of course, lies about voter fraud have been a staple of the Trump administration. But another story that got lost amidst all of the focus on the Georgia Senate run-off elections and the insurrection at the Capitol is that Trumps DOJ is seeking to undermine the basis for prosecuting cases of discrimination.

The Justice Department has submitted for White House approval a change to how it enforces Title VI of the Civil Rights Act, which prohibits recipients of federal funding from discriminating based on race, color or national origin. The regulation covers housing programs, employers, schools, hospitals, and other organizations and programs.

Under the change, the department would continue to narrowly enforce the laws protections in cases where it could prove intentional discrimination, but no longer in instances where a policy or practice at issue had a disparate impact on minority or other groups.

Eliminating disparate impact as a standard would mean that defendants must prove that they have been victims of an intent to discriminate, something that would make cases of systemic racism impossible to prove.

Carlson had to go back to Clarkes days as a Harvard student in the mid-1990s to find material to attack her. For example, as president of the Black Students Association, she had invited an antisemitic speaker to an event on racism. Clarke has admitted that was a mistake and apologized. Several groupsincluding the National Council of Jewish Women, the Jewish Democratic Council of America, and the American Jewish Congresshave stepped up to defend her against Carlsons attacks. Here is part of a Twitter thread from Bend the Arc: Jewish Action:

The second attack Carlson waged against Clarke has to do with a letter she wrote to the Harvard Crimson in 1994 touting the genetic differences between Blacks and whites and explaining that melanin endows Blacks with greater mental, physical and spiritual abilities. At the time, views touted by Richard Herrnstein and Charles Murray in the bookThe Bell Curvewere being used to question the intellectual ability of Black students. Clarkeexplained that she was attempting to express an equally absurd point of view fighting one ridiculous absurd racist theory with another ridiculous absurd theory. That might not have been a wise strategy, but of course, Carlson didnt want his viewers to know the truth about the context of her remarks.

Republicans dont support the enforcement of civil rights laws. That is why Clarke has become the latest target of a smear campaign that is only likely to grow as she faces confirmation. But make no mistake, Biden has nominated a team that will do all that is necessary to restore the ideal of equal justice under the law.

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The Attacks on Biden's Nominee to Run the Civil Rights Division at DOJ Have Already Started - Washington Monthly

Revealing Money and Power Networks in North Carolina Campaigns – Sludge

A masked Scary Movie-type character sits holding a coffee cup emblazoned with an emoji at a kitchen counter and, in a sing-songy voice, says: Terri wants to defund the police. Defund the police? Thats scary liberal!

The attack ad against North Carolina state Senate Democratic challenger Terri LeGrand from her GOP incumbent opponent, Joyce Krawiec, is a humorous, flippant bite that was just a blip in terms of the overall spending during 2020s historically expensive electionjust a few hundred dollars and around a few thousand impressions on Facebook, according to the sites political ad tracker.

It was also categorically false, blatantly misrepresenting LeGrands position on police reform.

But advertising like Scary Terri,coupled with the millions of dollars that outside groups spent to push similar messaging, a strong turnout for President Trump and a under-estimated GOP voter registration effort, worked for Republicans in North Carolina and elsewhere at the state level.

The GOP gained four seats in the North Carolina House and Democrats netted just one in the state Senate in a year when Democrats focused on state House and Senate races and unprecedented donations poured in from all around the country because of a focus on the upcoming redistricting, a process of drawing legislative lines that takes place only every 10 years and is a key in who controls Congress and statehouses.

Given the massive amount of funding and focus on statehouse races, this project, funded by the North Carolina Open Government Coalition, sought to isolate and analyze how campaign finance and interlocking national and state power networks work in state legislative races. North Carolina made history with the most races where one or both candidates exceeded the $1 million mark, said Anna Beavon Gravely, the executive director of NC FREE, an organization that advocates for business interests and tracks money in politics.

We did this through network analyses, a type of spatial analysis most often used in fraud detection, counter-terrorism and other fields. Visual analyses of the relationships between different kinds of people and entities in North Carolinas legislative races are rarely if ever applied to campaign finance data outside of academic research settings.

The resulting visuals and underlying data allow for a more nuanced understanding of the financial interplay between candidates, their donors and the myriad other groups that play a role in funding politics at the state level. The analysis also helps show how an ad like Scary Terri, and the money that pays for such ads, are important factors in determining the balance of power.

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A look from a birds eye view of campaign finance spending in legislative races shows a somewhat unsurprising picture given the stakes in the 2020 election: both parties and candidates awash in campaign cash from various sources.

A closer look reveals how power players interact.

Any analysis of campaign finance spending is just a partial picturein this case, the numbers analyzed are through the third quarter of last year, as fourth quarter financials were due this week; the project used only a subset of total data available due to technical issues associated with how the data is stored by the North Carolina State Board of Elections; and some groups are not required to disclose what they spend on campaigns or advertising. The project also only analyzed committee transfers rather than all spending.

Given limitations in tracking campaign finance data, this analysis focused on the 10 most expensive and 10 closest legislative races. We also examined state House and Senate races as a whole by analyzing committee transfers through the third quarter of last year. Those numbers and the resulting network analysis show how money moved within Democratic and Republican networks. The analysis revealed:

The network visualizations below are a way to explore each of these trends.

For the Senate District 31 race, one of the most expensive races we examined, its easy to see in the visualization below how many special interest PACs have given to Senator Krawiec, the Republican incumbent. The colored dots and lines represent specific large corporate interests from specific sectors (use the key on the left to see which ones), and the graphic shows them closer and with specific transfers to Krawiec.

The Democrat in the race, LeGrand, received special interest dollars second-hand. In this case, four Democratic incumbents in safe races sent dollars to LeGrand, some of whom received money from special interest PACs. While they are relatively small amounts, it shows that even candidates who dont directly receive large dollars from special interests may be a recipient of that money through other means.

LeGrand had outraised her opponents by about $730,000 through the third quarter, a total of $1.9 million, state campaign finance numbers show. She lost by six percent to the Republican incumbent.

Campaign dollars are a key ingredient in any election, and experts say that when the final figures are reported,the total may go north of $60 million for the state House and Senate races alone. Adding the presidential and U.S. Senate campaigns and independent expenditures on advertising from national groups, the total amount spent on politics in North Carolina in the 2019-20 cycle may be close to $1 billion.

The visualization below shows the 10 closest and 10 most expensive races in the statehouse last year. The special interests that were a part of this analysis are at the center of this network visualization.

That means that even though they are physically closer to the GOP candidates in the visualizationmeaning that they give more direct contributions to those candidatesbeing in the center means that they are powerful players for both parties. Interestingly, even though our analysis isolated specific races, other candidates appear because they play a role in passing along money. Democratic Representative Graig Meyer is one of the biggest contributors. Hetold us in an interview that because he is in a wealthy district and had no challenger, he was able to fundraise on behalf of other Democrats to try to win back a majority. (Search for him in the visualization, and you can confirm that he does indeed take money from a variety of special interests and others andpass it along to candidates in these races.)

A decade ago, Democrats vowed 2020 would be different.

In North Carolina and elsewhere, the 2010 Tea Party wave ushered in majorities in Congress and in statehouses across the country. The GOP and conservative groups focused an unprecedented amount of time, effort and money at the state leveland reaped their reward through controlling the legislative redistricting process and drawing lines that favored Republicans.

Last year, Democrats said they would rise to the challenge in part by having dedicated groups fundraise specifically around state legislative races and the redistricting issue. The National Democratic Redistricting Committee was led by former Attorney General Eric Holder and groups like Flippable also vowed unprecedented resources for state races.

The analysis below shows how establishment Democratic money flows around even with new players such as the NDRC and Flippable in the game. Groups closely associated with Democratic causes are at the center, with tentacles to the most number of candidates. The N.C. Democratic Party and the associated N.C. Democratic Executive Committee (DEC) are on the periphery of the visualization. Its clear that those driving money to the greatest number of candidates in the state are the groups at the center like Planned Parenthood, Emilys List and Lillians List, which funds progressive female candidates.

Overall, one might expect North Carolinas Democratic power players to be at the center. The size of the squares indicate how many candidates and groups they are giving money to (not the size of the donations). So, while a lot of money flows through the in-state Democratic Party committees, the national Democratic interest groups give to a far greater number of candidates. It is a striking example of how out-of-state groups are building influence using a different strategy than in-state Democratic power brokers.

The NDRC gave the maximum contribution to 38 Democratic campaigns in North Carolina through the third quarter, the data show. The bulk of its spending, about 85 percent, went to the several state Democratic Party entities. Flippable maxed out to more than two dozen Democrats but gave about two-thirds of its total spending to the state Democratic Party.

Of the 20 races that the Coalition analyzedthe closest by result and the most expensive by third quarter totalDemocrats handily outspent Republicans. Democrats outspent Republicans by a total of $2.7 million in those 10 close races and $2.9 million in the 10 most expensive races.

The visualizations of races below show a similar dynamic as the S.D. 31 race discussed above. The Republicans are receiving more special interest cash, while Democrats in safe races help fund those in these more competitive districts. It is also likely that more groups tend to give to Republicans, as indicated by their wide constellations in this graphic, because they are the incumbents. In other words, the number of state corporate interests giving to Republicans is one way of understanding why its difficult to be a challenger running against entrenched money and power.

In the 10 expensive races analyzed, Ricky Hurtado and Brian Farkas, in H.D. 9 and H.D. 63 respectively, were the only Democrats to eke out close victories. Democrats won four of the 10 closest races.

It is becoming increasingly difficult, if not impossible, to break through the noise with state and local issues, said Representative Graig Meyer, a Democrat who headed the partys efforts to try to win back the N.C. House.

Democrats were not able to combat a defund the police mantra from the GOP, amplified in outside mailingwhich falsely represented the Democratic House candidates positions, he said. Coupled with the GOPs strong turnout, it made for a difficult year in a state Trump won by 1.4 percent statewide.

In my mind what it shows is that Trump and the Republicans were able to bundle their negative messages effectively up and down the ticket, Meyer said in an interview. The media universe that were in right now makes it very difficult to have an in depth discussion of any issues down at the local legislative level.

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In contrast to Democratic spending, the GOP visualization shows in-state groups wielding the most amount of influence. The leaders in the party itself are the influential players.For example, GOP House Speaker Tim Moores campaign committee has one of the largest squares, indicating that he gives to a large number of candidates on his side of the aisle. Also unlike the Democrats, the PACs associated with the Republican Party have the most number of donations to the partys candidates.

Dylan Watts, director of the Senate Republican Caucus that controls the Senate Majority Fund, agreed. He said Trumps get-out-the-vote effort coupled with strong fundraising and messages that worked he cited the LeGrand Scary Terri ad as a favoritewere the keys to victory. Republicans hit the defund the police messaging in mailers, on TV, and on Facebook.

Republican donors were receptive throughout, Watts said. When they realized how much was on the line and how much was against, they stepped up, Watts said.

Groups like Citizens for a Better NC, an independent expenditure group, also spent vast sums in the state, giving the GOP a cushion across its races, Watts said. The group was one of several shadowy GOP groups WRAL sought to track, finding it difficult, if not impossible, to see where the money attacking Democrats had originally come from.

The data also show that corporate PAC donors play a role in helping the GOP maintain its majority.

Most political action committees (PACs), or organizations that receive contributions and spend on candidates or issues, are partisan and only donate to candidates from one party. But corporate PACs tend to contribute to incumbents regardless of party. The NC Realtors PAC, Duke Energy Corporation PAC, and the Blue Cross & Blue Shield of NC Employees PAC were the three largest contributors among corporate PACs this cycle. All three backed incumbents in the House and Senates five closest races6 Republicans and 2 Democrats. For example, both Democrat Sydney Batch and Republican John Szoka from a nearby district received the support of the highest spending corporate PACs. Both were incumbents.

In all of the races for House and Senate that ended within a margin of 10 points, these PACs either contributed to the Republican candidate or didnt contribute at all.

Meyer, a Democratic House member, decried the corporate money in his GOP counterparts campaigns. There are times when I wonder, how can corporations continue to financially support candidates that consistently use rhetoric and take action that is in conflict with some of those corporations stated values?, he said of donations to Republicans.

Meyer said GOP messaging was a dog whistle to stoke race-based fears and animosity, but it successfully drowned out local issues.

North Carolinas statewide political spending this cycle may total more than $1 billion including the U.S. Senate and presidential races. The idea that we would spend nearly a billion dollars on campaigns in the middle of a pandemic and a huge economic crisis, its just ridiculous, Meyer said.

To change the system, Democrats will have to win majorities. And to do that, theyll need campaign cash. I feel so conflicted, Meyer said. Im sickened by the fact that thats what you have to do.

This project was funded by the North Carolina Open Government Coalition, which is a nonpartisan nonprofit group dedicated to improving access to public information and educating citizens about the importance of government transparency.

Jeremy Borden is an independent researcher and journalist who lives in Durham, N.C, and writes at Untold Story. Michael Taffe covers the General Assembly as a reporter based in Chapel Hill, N.C. Kathy Qian is the Co-Founder and Executive Director of Code for Democracy, a 501(c)(3) nonprofit that builds automated tools that uncover hidden relationships between campaign contributions, political narratives, and legislative outcomes in US politics.

This project, sponsored by the North Carolina Open Government Coalition, used data from the N.C. State Board of Elections and the Federal Elections Commission through the third quarter.

The North Carolina data presented significant challenges that could have introduced potential errors into our dataset. Specifically, candidate committees and PACs are required by law to report receipts and expenditures to the State Board of Elections on a quarterly basis. But while the Federal Elections Commission (FEC) collects unique identifier codes for both the contributor and recipient committees for federal transactions, North Carolinas State Board of Elections collects a free response entry for the names of recipient committees.

This means that there can be significant ambiguity in identifying recipient committees when there are differing committee name formats or typos on disclosure reports. While this can be annoying for traditional campaign finance analyses that total amounts contributed or received, it makes it nearly impossible to build a comprehensive network of campaign spending in the state without significant amounts of manual labor de-duplicating committee names and matching them to their appropriate State Board of Elections identifiers.

We are immensely grateful to Michael Taffe for taking on the majority of this intensive labor.

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Revealing Money and Power Networks in North Carolina Campaigns - Sludge

Nipsey Hussle, The LAPD And The Inescapable Trap Of Gang Affiliation – NPR

Nipsey Hussle is part of a mural painted by Moses Ball featuring other local notable people on the wall of a bank in the rapper's Hyde Park neighborhood. In the wake of Hussle's March 2019 death, many murals of the beloved Los Angeles musician were painted in the Hyde Park neighborhood near his Marathon Clothing store. Tara Pixley for NPR hide caption

Nipsey Hussle is part of a mural painted by Moses Ball featuring other local notable people on the wall of a bank in the rapper's Hyde Park neighborhood. In the wake of Hussle's March 2019 death, many murals of the beloved Los Angeles musician were painted in the Hyde Park neighborhood near his Marathon Clothing store.

Lisa P is from Crenshaw. She knows all its avenues, all its corners. She has it all mapped out in her head, what it means to move from one block to the next. She's 57 years old, and grew up running these streets. She was born Ellisa McKnight but prefers the nickname she's gone by since childhood.

Slauson Avenue runs east-west through Crenshaw. Driving toward the Pacific Ocean down Slauson, Lisa moves one of her box braids away from her face and hits her joint as she passes one of the neighborhood's unofficial landmarks, Slauson swap meet. Looking out her car window at the sign that reads Slauson Supermall, Lisa P says that it was on this very site that she first remembers seeing a boy who would grow up to be one of Crenshaw's most celebrated and most mourned sons.

"He stood right there, by that pole," she recalls. "Skinny, little scrawny kid selling incense."

The young salesman Lisa remembers spotting on this L.A. street corner was named Ermias Asghedom. A couple of decades later, he'd be known not just in Crenshaw but around the world as Nipsey Hussle, his new name glorifying the work ethic that earned him notice as a kid and acclaim and success as an artist and businessman as an adult. Throughout, he remained a fixture in the neighborhood. In fact, if you keep driving a mile and a half down Slauson, past neighborhood restaurants and fast food joints, salons and dollar stores and churches and mosques, you'll arrive at a strip mall on the corner of Crenshaw Boulevard that's the home of The Marathon Clothing Store, where Nipsey would stake his claim, where he'd do everything he could to change Crenshaw for the better and where, on March 31, 2019, in the parking lot of the store he owned, he'd be shot and killed.

Born and raised in Los Angeles, Nipsey Hussle was the epitome of a hustler. Like Lisa P and many of the other young people who grow up in this neighborhood, he was a member of the Rollin 60s Crips, one of L.A.'s biggest sets, from the time he was a teenager. He never denied being affiliated. Once his music took off, he repped his set in every song. But he was also a community advocate for Crenshaw, and constantly gave back to his hood.

"He never lived up to ... society's expectations of what he should be," says Karen Civil, one of Nipsey's former business partners. "Society's expectation is, 'Oh, he's just a quote-unquote gang banger from the Crenshaw district.' Not at all. He's an entrepreneur. He's a Grammy award winner. He's a father. He's everything in between and he exceeded the expectations of what society thought."

The story of Nipsey Hussle's life has been retold into mythology, a hip-hop fairy tale, one that reinforces the illusion of the American dream: a self-made man who came up from the bottom, stayed connected with his community and used his art as a vehicle to change it. But the irony of his untimely death sheds light on the larger backdrop of inequality in his hood the phenomenon of mass supervision in Black communities.

A mural of Nipsey Hussle is ringed by flowers on Brynhurst Ave. in Crenshaw Dec. 5, 2020. In the wake of Nipsey Hussle's March 2019 death, many murals of the beloved Los Angeles musician were painted in the Hyde Park neighborhood near his Marathon clothing store. The store and a large Nipsey mural in its alleyway is now fenced off but other nearby murals continue to draw local and visiting fans. Tara Pixley for NPR hide caption

A mural of Nipsey Hussle is ringed by flowers on Brynhurst Ave. in Crenshaw Dec. 5, 2020. In the wake of Nipsey Hussle's March 2019 death, many murals of the beloved Los Angeles musician were painted in the Hyde Park neighborhood near his Marathon clothing store. The store and a large Nipsey mural in its alleyway is now fenced off but other nearby murals continue to draw local and visiting fans.

"If you wrote a story like this, it would seem too on the nose," says Jeff Weiss, a writer and cultural critic from L.A. "It would seem too perfectly scripted to create the saddest possible tragedy it's like, Shakespearean."

Before he was Nipsey, Ermias Asghedom grew up the son of an immigrant in a family that couldn't even afford back-to-school clothes. He didn't see many options to support himself or his family, and around the age of 14, he joined the Rollin 60s.

In a 2018 interview with Hot 97, he talked about how being in the gang changed his life. "I adapted to the culture ... Naturally, that's not who I am," he said. "As kids we come from nurturing, but there's a lack of that in the coldness you get from going outside. The world said we was wrong, but the set embraced you for who you was. And that's the allure of gang banging."

Being in the set gave him a brotherhood, afforded him protection. He wore his pride in his colors and his "Slauson Boy" tattoos, which also made him a mark for police surveillance. In the early 2000s, the LAPD was still cracking down hard on gang violence. In an interview with NPR the year before he died, Nipsey described the reality he faced growing up in Crenshaw.

"If you check the stats the murder rates in the years I was a teenager and the incarceration rates in L.A. in my section of the Crenshaw district, of the Rollin 60s when I was 14, 15 none of my peers survived. None of my peers avoided prison. None of 'em," he said.

Then his world broadened. In 2004, after spending his entire life in South Central, Nipsey traveled to his father's homeland, Eritrea, with his dad and his brother. Over a visit that lasted a few months, he saw a whole country of people who looked like him living autonomously, taking pride in their country. It lit a fire under him to build community like that back at home.

"I was 19 when I came back, so I was still knee-deep in what was going on in L.A.," he said on Hot 97. But something in him had changed. "You know, you got those two voices. This one became a lot louder because I couldn't fake like I wasn't exposed to the way things could be. And you know, I think it led to me making decisions that brought me into music."

The music he made showed you the world he knew, with shout-outs to OGs and local stomping grounds. He was honest about experiences in his hood. "I wasn't always banging but I speak about it openly," he rapped in 2013. "No shame in my game. I did my thing on the coldest streets."

His music won fans among peers and critics. "He had kind of the laid-back stoner cool of a Snoop, but had more of the mission and ethos of like, a Tupac," Weiss says.

Aside from the bars, Nipsey followed his own entrepreneurial drive to sell what made him unique in rap. He created a recording label called All Money In and in 2013 got attention from the whole music industry for his creative approach to marketing when he sold 1,000 copies of his mixtape Crenshaw for $100 a pop. Jay Z bought 100 copies himself.

"Like, so many of us are way more than what we look like," says songwriter James Fauntleroy, who worked with Nipsey throughout his career and appears on Crenshaw. "Every now and then you find somebody that, in a good way, is so out of character that they're a more interesting character in the play of life."

"I say there's weather changers and weather reporters," says Larrance Dopson, Fautleroy's collaborator and one of Nipsey's longtime producers. "Nipsey and a few of us, we're weather changers."

In 2018, he finally dropped an official debut album, Victory Lap, which debuted at No. 4 on the Billboard 200 and went on to be nominated for a best rap album Grammy.

All the while, he was working on other ventures. In 2017, he and his brother, Blacc Sam, opened an L.A. storefront to sell their merch and spread their ethos. They called it The Marathon Clothing Store, and it wasn't on Fairfax or Melrose, far removed from the streets that gave Nipsey his grind. It was right in the heart of the hood that made him. The store was part of his focus on Black ownership, and entrepreneurial strategy to "buy back the block."

At Marathon, Nipsey hired parolees to sweep up or even work the register. He wanted to give people opportunities he never had as a kid, opportunities that have never really existed for people in Crenshaw. He was known to donate clothing to people in the neighborhood who needed it, especially OGs coming home after doing time.

***

That commitment to his hood led Nipsey to do something unexpected: He wrote a letter to the LAPD. It read, in part:

"Our goal is to work with the department to help improve communication, relationships and work towards changing the culture and dialogue between LAPD and the inner city. We want to hear about your new programs and your goals for the department as well as how we can help stop gang violence and help you help kids."

In Crenshaw, cops were the opposition, and people who talked to cops were even worse: snitches. Being a snitch meant you were a threat in the hood.

At least one person in the LAPD wanted to make a connection. Steve Soboroff was, at that time, the president of the LAPD's Board of Police Commissioners, a group of civilians that lead the department by setting policy and playing liaison between the public and the police (Soboroff is still on the board, but no longer president). When he got Nipsey's email, he was impressed, and went to work setting up a meeting between Nipsey and his management team at Roc Nation and Michel Moore, the chief of police.

"I thought it was an opportunity to let him know what we do, and for him to let us know what his ideas were," Soboroff says. "And so, 'Tell me about the culture and dialogue from the perspective of people that come into your store.' "

But then, a standstill. Though Soboroff tried to get time on the books for a sit down, he says some members of the department wanted to look into Nipsey's background, specifically related to his gang affiliations.

"That's why the meeting didn't happen two months earlier," Soboroff says. "The department was a little bit reluctant. ... It's hard to get off a gang database, and when people can't get off a gang database when they're no longer gang members and they've paid their dues, it can affect their future."

Finally, though, Soboroff and Roc Nation managed to schedule a meeting between Nipsey and Moore for the afternoon of Monday, April 1, 2019.

But that meeting never happened. On Sunday, March 31, 2019, Nipsey was in the parking lot outside Marathon Clothing, as he was most Sundays. He had a small crowd around him, some taking selfies, some chopping it up.

Not all of the conversations he had that day were so casual. Later, two eyewitnesses testified in a grand jury hearing that they heard Nipsey and another man, a Rollin 60s Crip named Eric Holder Jr., talking about the dangers of cooperating with police. Nipsey warned Eric that there were rumors about police having paperwork on him, that the streets might see him as a snitch. Eric tried to brush it off. The conversation was tense, but cordial. The men dapped, and Eric left to get some food.

A few minutes later, another man named Kerry Lathan, who had until recently been in jail, and who had been the recipient of Nipsey and Marathon's generosity, pulled up to say hello, to thank Nipsey for the help he'd given him and to pitch him some designs for a T-shirt he'd sketched.

Then shots broke out. According to videotaped evidence and eyewitness accounts, Eric Holder walked back up to Nipsey with a gun in each hand, and started firing.

Kerry was hit in the spine, and fell to the ground. He couldn't see anything except the feet of people all around him, until he saw Nipsey fall to the ground beside him. Surveillance footage captured the shooter unloading nearly a dozen bullets into Nipsey before running to a nearby car. Nipsey and Kerry were rushed to the hospital, and at 3:55 p.m. on March 31, 2019, Nipsey was pronounced dead.

A few days later, Holder was arrested and later charged with murder. He pleaded not guilty, but his trial has been delayed multiple times.

Bria Smith takes pictures of her parents Alexandria and Byron Smith in front of a Nipsey Hussle mural adorning the side of a FatBurger restaurant in Crenshaw. The visitors from Milwaukee got out to take photos while in line for food Dec. 5, 2020. Tara Pixley for NPR hide caption

Bria Smith takes pictures of her parents Alexandria and Byron Smith in front of a Nipsey Hussle mural adorning the side of a FatBurger restaurant in Crenshaw. The visitors from Milwaukee got out to take photos while in line for food Dec. 5, 2020.

In January of 2020, Kerry Lathan was sitting in a wheelchair under the shade of a small gazebo in the courtyard of a Long Beach rehabilitation center. He had on a navy sweatsuit and his gray goatee has been freshly shaped up. Kerry had been in the rehab center for a month, recovering from a right brain stroke.

On this day, as with many others, Kerry is here with Lisa P, who he calls his sister, though the two of them aren't related. Lisa, dressed in a maroon sweat suit, glitter lash extension and her red box braids up in a bun, helps Kerry eat and wheels him around they're about the same age, but she treats him protectively, very much like a baby brother.

Kerry and Lisa have been like siblings since they were kids, and they've seen gang life in Crenshaw change over generations. They got down with the Rollin 60s when the set first started in the 1970s, and Lisa says that at the time, it was more like a youth club, a family formed to escape the ones they had at home who were neglecting or sometimes abusing them.

Lisa has great memories of those early days with her friends. She remembers sneaking out at night with a group, gathering up pillows and blankets and hopping the fence into the 59th Street Schoolyard, where they'd push benches together and make one big bed to have a sleepover under the stars. Instead of s'mores, they'd split a chicken dinner between them.

Accounts of the formation of the Crips echo that all-for-one, one-for-all mentality. The gang emerged in the void left behind as Black liberation groups like the Black Panthers were being dismantled. Lisa P even claims that Crip is an acronym for "Community Revolution in Progress."

Soon subsets like the Rollin 60s formed under the Crips' umbrella. Some sets broke off entirely, forming new gangs with new territories, colors and codes. Desperate conditions in their neighborhoods intensified over the years. When crack started flooding in, gangs went into business selling it. Beefs started over sales territory and many of those rivalries got set in stone.

By 1985, South Central L.A. was a hotspot of the crack epidemic in America and violent crime in the city kept rising for almost another decade. As it did, the LAPD's CRASH Units were smashing into homes, yoking up whoever and arresting men en masse. Incarceration rates were skyrocketing, and the hip-hop of the era, by artists like Ice-T and N.W.A., was steeped in the reality that Lisa and Kerry were living through, painting vivid pictures of harassment by police.

"Why are they saying 'F*** the police,' though?" Lisa says. "Because we could be sitting in front of a store minding our own damn business and they're trained to come and antagonize us. That's why we say 'F*** the police.' "

Musicians like NWA spoke to everything Lisa was seeing around her, and gave her pain a new vocabulary. But most people coming up in chaos like that, she says, aren't given the chance to nurture their talent.

"A lot of people aren't able to understand their purpose in my neighborhood because they're trying to survive," Lisa says. " 'I need milk. I need bread. Damn it, I just got a gas bill. Oh my god, my lights is off.... How am I going to even think of anything else? I have no room in my mind to think of nothing else because I'm so busy trying to survive.' "

By the 1980s, Kerry was married and had started his family. He was trying to hold down various jobs, but he was already on the police's radar, having been in and out of jail for robbery and battery. It made it hard to even get interviews. Selling drugs presented fewer hurdles and higher rewards.

"You know, when you would leave broke and come back with 10 or 20 thousand dollars in your hand, that became habit forming," he says. Soon he was dealing full time. But Kerry developed a reputation for giving people who were short money they owed him a break, and that became a liability.

In 1994, Kerry was suspicious that one of his customers had been cheating him: paying him for crack rock, then breaking off a piece of it with her fingernail and then complaining that what he sold her was too small and demanding a refund. Once she even called the cops on him.

Eventually she tried this in front of other dealers and customers, and the two got into an argument that got physical.

"They put their hands on me," Kerry says, "and hit me on the back of the head, and that set the alarm off." While two other dealers held the woman down, Kerry stabbed her in the back, then ran away and left the woman to die alone in the street.

He was convicted of first degree murder and sentenced to 26 years in prison.

***

In early 2018, while Nipsey Hussle's Victory Lap was topping the charts, Kerry was anxiously awaiting the results of a parole hearing. While in prison, he had become a model for rehabilitation. He underwent anger management, drug treatment programs and most importantly according to transcripts from his hearing victim's awareness training, which gave him insight into the impact of his crime. He also got his education in prison: certificates in mechanical drawing, cabinetry and drywall.

But still, he had reason to be nervous. His appeal for early parole had been denied once before. As he waited in the hallway while the parole board made their deliberations, he tried to comfort some of the other inmates up for parole, to ease his own nerves.

"Looking down the hallway and looking at people who just came out of the room that I was in, crying, and I say, 'Look man, come here, you don't have to cry. All you have to do is understand yourself. Go deep. Find your freedom. Because it's not in here,' " Kerry recalls.

This time the parole judges decided Kerry had earned his freedom, and in September 2018 he was finally released. At that moment, he became one of 4.5 million people on probation or parole in the United States twice the number of people currently incarcerated. About a third of those people on probation or parole are Black.

Life on parole in California comes with a lot of rules: Your residence can be searched at any time. You can't use a knife with a blade longer than two inches unless you're in a kitchen. You can't travel more than 50 miles without first notifying your parole officer. Kerry says he wasn't even allowed to go into corner stores that sell liquor. "Everything ... right is wrong. That's how clearly you could say it."

Kerry also had to agree to be entered into a gang database, so he had to observe "no go zones" places he could and couldn't go at different times of the day and rules about who he was allowed to be with. That meant that technically, Kerry couldn't be around Lisa, or at least two of his children.

"His daughter is in prison," Lisa says. "So when she comes home, she's a parolee. He's a parolee. How are they going to see each other? 'Cause they both of them in violation. ... Nine times out of 10, either you got a criminal record or somebody that you know has a criminal record."

Kerry was out, but with so many rules and such heavy consequences for breaking them, he felt like he was walking on eggshells. One in five people entering prison in the U.S. today is there for a parole violation.

Kerry and Lisa felt that they couldn't rely on the parole system. But Lisa knew of someone they could look to for help. And she says that despite never having met her or Kerry, Nipsey Hussle didn't hesitate to help Kerry when she reached out.

"They gave him hoodies. They gave him shirts, socks, tees, underwear, everything somebody getting out of prison might need," she says.

Here you have two men: Kerry, who had caused harm long ago and spent two decades wrestling with remorse, trying to make good and change his life. And Nipsey, who turned neighborhood-wide trauma into music, and that music into opportunities for his hood. Those paths both led to the parking lot in front of Marathon Clothing on March 31, 2019, where one of them ended.

Los Angeles, CA Residents pass by a mural on Slauson Avenue in Crenshaw Dec. 5, 2020. In the wake of Nipsey Hussle's March 2019 death, many murals of the beloved Los Angeles musician were painted in the Hyde Park neighborhood near his Marathon clothing store. The store and a large Nipsey mural in its alleyway are now fenced off but other nearby murals continue to draw local and visiting fans. Tara Pixley for NPR hide caption

Los Angeles, CA Residents pass by a mural on Slauson Avenue in Crenshaw Dec. 5, 2020. In the wake of Nipsey Hussle's March 2019 death, many murals of the beloved Los Angeles musician were painted in the Hyde Park neighborhood near his Marathon clothing store. The store and a large Nipsey mural in its alleyway are now fenced off but other nearby murals continue to draw local and visiting fans.

Before Nipsey was born, before Kerry joined the Rollin 60s, law enforcement was figuring out a way to track people all over California.

Wes McBride is a former sergeant in the L.A. County Sheriff's Department. He's retired now, but back in the 1970s he patrolled East L.A., home to a large part of the city's Hispanic population and gangs like the Marianna and the Juarez. McBride says that every time they approached someone they thought might be a gang member, officers would fill out something they called a "field interview report."

"You use it any time you stop somebody and he's up to no good, but you can't prove anything," McBride says. So officers would take down suspected gang members' names and descriptions of their vehicles, for potential use in relation to future investigations.

In the late 1970s, McBride helped to create a gang database to standardize about a dozen criteria from these field interview reports, things like location, affiliates, tattoos, even dress. If a person met just two of the criteria, they went in the database, even if they hadn't committed a crime. That database would come to be known as CalGang.

Today, McBride insists the system does not amount to racial profiling, even though police are designating individuals for inclusion in CalGang based on preconceived notions.

"I worked East L.A. Ninety-nine percent of everybody in East L.A. is Hispanic. Uh, we didn't have any other races to pick on, you know, to stop," he says. "And the same you go down to South L.A. it's all Black population. I don't make you a gang member. You make yourself a gang member with your attitude, your dress and your actions. If you want to be a gang member, you're a gang member."

Nipsey had firsthand experience with this kind of profiling. In a 2013 interview he told Combat Jack that police would "come through and get to know you. ... They'd come hop out, ask you questions, take your name, your address, your cell phone number, your social, when you ain't done nothing. Just so they know everybody in the hood."

By 2018, there were more than 100,000 people catalogued in CalGang's database. It's become standardized, used by law enforcement across the state, even federal departments. But in 2016, an audit of the database confirmed a slew of problems. People had been entered into the system without a reason. Babies under the age of one were included because of "admitting to being gang members."

There's a state law that requires anyone who has gone five years without adding anything to their record be removed from CalGang, but the audit also showed that for hundreds of people, that had not happened.

Sean Garcia-Leys, a former senior staff attorney at the Urban Peace Institute, has represented dozens of people who say CalGang infringed upon their civil liberties.

"Almost all of my clients, even the ones who are gang involved, should have been purged but for a traffic stop at some point where they were pulled over for running a stoplight or something like that, and the officer noticed that they had a tattoo even if it's a 20-year-old tattoo and that stop was then used to restart their five-year purge date," he says.

Garcia-Leys says Nipsey satisfied a lot of the criteria that could land somebody in CalGang, from his tattoos to law enforcement's suspicion that Marathon Clothing was a front for gang activity. Hypothetically, every time he went there, he could have his five-year clock restarted. But because until recently CalGang was a confidential database, there was no way to know if his name has been purged or not, or if you were ever in to begin with. All public information requests we made to the LAPD to find out whether Nipsey was in CalGang were denied.

***

About a week after the shooting, Kerry Lathan was released from the hospital, and he moved into a halfway house for parolees. Still recovering, he was wheelchair bound and in a lot of pain when parole officers showed up not to see how Kerry's doing or to offer support or help, but to arrest him for violating his parole.

"They said 'Gang affiliation,' and I took out the newspaper. It said, 'Nipsey Hussle: A Voice of Peace,' and I said, 'So, y'all [gonna] send me back to prison for talking to a voice of peace? Y'all crazy,' " Kerry says.

Months later, Kerry still didn't understand exactly what happened. So we asked the California Department of Corrections and Rehabilitation, the agency that oversees his parole, what rule Kerry broke. Via email, a spokesperson declined to answer, citing privacy concerns. But they said they could confirm one thing: The violation was "unrelated to the Nipsey Hussle incident."

We now know that this was a lie.

According to Kerry's parole violation report, which was obtained by NPR, parole officers interviewed Kerry at least two times while he was in the hospital, both by phone and in person. Officers cited several ways Kerry violated his parole, all stemming from the "incident in connection with the shooting death of Rapper Nipsey Hussle."

In making their case that Kerry should be arrested, the officers noted that Kerry had admitted to associating with Nipsey Hussle in those minutes before the shooting. Parole officers cited departmental resources used to confirm "that Nipsey Hussle is a documented Rollin 60s Crip gang member." According to the report the officers searched Kerry's phone and found a photo of Kerry at a strip club with two other men that officers say are "flashing" gang signs.

We asked Bruce Western, the co-director of Columbia University's Justice Lab, to read Kerry's violation report. Western studies the sociological impact of life lived on parole, and he pointed out that a group of 50-year-old men displaying gang signs might not currently be involved in criminal activity.

"It's very subjective to make that leap," he says.

In 2017, more than a third of parolees locked up in California were there because of a technical parole violation, not for committing a crime. Western says that can make people feel like they've been set up to fail.

"The person on parole only has limited control over whether or not they are going to come back into contact with the system," Western says. "If they live in a heavily policed community, the likelihood is that they will come back into contact. The system, in many cases, wants to have contact with you."

The officers took Kerry back to jail, but after media attention on his case and a petition with 20,000 signatures, the California Department of Corrections and Rehabilitation reversed his parole violation. After spending 12 days locked up, Kerry was released.

But here's what's scary to think about: If Kerry's violation had occurred because he'd been talking to any other alleged gang member besides Nipsey Hussle, he'd likely still be in jail.

Recently, there has been some effort to reform the system. In the last year, multiple LAPD officers have been criminally charged for inputting false information into CalGang, and the LAPD finally conducted an internal investigation that led, this summer, to police chief Michel Moore declaring that the department would quit using the database permanently. None of the data that the LAPD has entered into CalGang can be used by any other law enforcement agency ever again. But other law enforcement agencies in California can still access and update the database themselves.

Both Kerry and Nipsey were trying to work within the system, trying to play by its rules to improve themselves and their hood. Nipsey reached out to the cops, who delayed their meeting because they saw him as a gang member. Kerry reached out to Nipsey for help and it landed him back in jail. The way the system works, it's almost like it wants to make sure people like Nipsey and Kerry aren't working to help each other.

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Nipsey Hussle, The LAPD And The Inescapable Trap Of Gang Affiliation - NPR