Archive for the ‘Eric Holder’ Category

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

Luxury Ghost Towns – Slate

A person walks through shops at Hudson Yards lit with some of the 2 million lightbulbs used for Christmas decorations, on Nov. 23 in New York City.Gary Hershorn/Getty Images

For years beginning in the mid-2000s, a roughly four-block plot in downtown D.C. was a concrete wasteland. The site, the former location of the citys convention center, was used as a parking lot, an intercity bus terminal, and, for less than a year, a tennis stadium. But mostly it felt like a black hole where street life, commerce, and most forms of human activity simply ended. Then-Mayor Anthony Williams badly wanted to develop the area into a cohesive, mixed-use community that included a public library and affordable housing, imagining a place as critical to the economic and social fabric of D.C. as the Inner Harbor is to Baltimore.

The resulting $950 million, 10-acre development is CityCenterDC, a shimmering maze of restaurants and stores that opened in 2013. Far from Williams inclusive pitch, however, it features luxury ground-floor retail (Gucci, Ferragamo, Herms) that anchors similarly luxurious office, condominium, and apartment buildings. Some 500-square-foot studio apartments start renting at $1,900 per month; other units go for more than $14,000. White House aide Stephen Miller bought a CityCenterDC condo, as did former Missouri Sen. Claire McCaskill and former Attorney General Eric Holder.

At the end of 2020, though, the CityCenter area is only a little bit busier than it was in its parking lot days. Behind all the floor-to-ceiling glass, pert, well-pressed salespeople tinker with clothes in empty stores, with security guards poised blankly at the gilded doors. The developments public plaza echoes with the sound of bubbling fountains, but in the absence of passersby the effect is just eerie. At all hours of day, venturing into CityCenter has the distinct feeling of walking through an immaculately maintained theme park after closing time.

Across the U.S., the coronavirus pandemic has sapped Americans appetite for fancy projects like this, in no small part because the cross-section of upwardly mobile people who can afford such apartmentslike well-off students, high-earning young professionals, or people with second homeshave fled urban city centers or scaled back on spending.

In Manhattan, there is blood on the streets, one property management executive told BisNow in September about the boroughs luxury rental housing market. Rents there have plummeted 19 percent since this time last year, with the worst loss in demand occurring among luxury housing. One brokerage firm told BisNow that they saw between an 18 to 23 percent dip in rental prices since last year; in the Upper East Side, one of the citys most notoriously expensive areas, there were 1,300 one-bedroom apartments on the market this fall, more than four times the number that were available this time last year. Joy Construction, a company that manages apartments in the glittering behemoth of Hudson Yards, dropped rental prices there by 15 percent. That still wasnt enough to move interest, its executives said.

In Los Angeles, vacancies in luxury apartments are nearing 5 percent. L.A.s downtown, which saw the largest number of newly built luxury units in the past decade, has been hit particularly hard, with rent prices dropping nearly 8 percent since January of this year, according to L.A. Magazine. Back in D.C., the vacancy rate for luxury housing topped 10 percent this summer. Now the average rent for a luxury apartment in D.C. is $2,387 per month, about $300 less than it was last year.

The coronavirus pandemic has sapped Americans appetite for fancyprojects.

Some of the diminishing appeal of luxury apartments and condos is obvious. To the extent that developments like these achieve community, they do so primarily through the wink-and-nod of a shared class status, or through amenities like pools, saunas, and gyms, the last things that anyone fearful of catching a deadly respiratory disease wants to use. Several cities, too, are reimplementing restrictions on group activities in the face of a rising third wave of COVID cases.

The crisis in luxury housing is also an example of the pandemic accelerating a trend rather than creating one. Even before COVID-driven job losses forced people to downsize, developers chased luxury housing on a scale no market could match. In January, the Wall Street Journal reported that builders in the U.S. were on track to create more new units of housing in 2020 than in any year since the 1980s. The catch was the 80 percent of those expected 371,000 new rentals are Class A properties geared toward high earners. Given the high cost of land and labor, its simply easier to turn a profit building housing for the wealthy, developers said.

Its exactly that kind of thinking that has driven urban development for the past two decades. Because what makes luxury apartments so undesirable nowcentral locations in cramped downtown corridors, with shared amenities that encourage social engagementis exactly what has made city leaders bend over backward to accommodate that kind of development. Few ideas have been championed so greatly in this generations return to urbanism movement as walkability, both to work and to recreation, to bars and shops and restaurants and home again. In this world, ease of movement is analogous to community building.

Urban development on the scale of Hudson Yards, CityCenterDC, and Chicagos revitalized Navy Pier became the shortcut to that ideal. (Being able to live, work, and play in one single place has become the mantra for this kind of development.) Ive heard the council members and people in our community talk about a legacy change, and I think thats how I would characterize this, one community development director in South Carolina said last year about a proposed $250 million mixed-use development. Its just a legacy for our community.

But only delusions of grandeurof slippery ideas like permanence and placemaking, which is developer lingo for this particular kind of urban revitalizationcould encourage the idea that raising entire glossy neighborhoods from scratch would make cities more livable or civically minded. And as it turns out, the things cities chased for so long are part of the reason people are turning away from them.

Developers have long argued that they continue to bet on the top of the market because its less profitable to build and subsidize below-market-rate housing. But is it really? While luxury units are losing customers, vacancies are low in more affordably priced units as tenants flock to cheaper options. (In some cases, rents in lower-income neighborhoods have actually ticked up.) The markets that are now seeing minor rebounds in leasing this winter, like New York, are among those that saw the greatest rent decreases. And the kinds of businesses communities are rallying to support arent the Chanel in CityCentertheyre the bodegas, bookstores, and niche mom and pop shops that have been decimated during COVID-related stay-at-home orders.

Those wont bounce back immediately, and in some places, they might not reopen at all. But as cities look to a post-COVID future, its worth considering that this kind of development is easier to encourage, and arguably more gratifying for communities. For most jurisdictions, its cheaper to relax strict zoning codes that would prevent a coffee shop from opening on the ground floor of a residential street than it is to entice developers with a multimillion-dollar tax break.

Its unlikely that lawmakers in D.C., New York City, Los Angeles, or Chicago will ever give up completely on designing playgrounds for the wealthy, in part because their property and sales tax dollars help generate local revenue. But the pandemic has helped clarify that for the average city dweller, when the going gets rough, people dont turn to new communities for supportthey go home. If it took a pandemic to help hollow out CityCenter, the soaring income inequality thats likely soon to follow could finish the job.

Property management companies with a financial stake in luxury buildings have already hinted that they cannot sustain their COVID-level losses indefinitely. But cities have shown that theyre inclined to subsidize this kind of housing anyway, even if it doesnt mirror community need. For now, it seems, thats the primary form of community development that urbanites can expect.

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Luxury Ghost Towns - Slate

Leftists Are Upset With the Ongoing Presidential Transition. Let’s Look Back at How They Behaved in – Daily Signal

With so much pearl-clutching by the left and the media over delays and disruptions of the ongoing presidential transition, it helps to put things in perspective by reviewing how things went for President-elect Donald Trump during his transition period, starting from Election Day 2016 to his inauguration on Jan. 20, 2017.

Before and during Trumps transition period, he and his campaign were under investigation by President Barack Obamas FBI based on the baseless Russia election conspiracy.

Just two weeks before Trumps inauguration, with Obamas blessing, FBI Director Jim Comey met one-on-one with Trump in New York to inform him of the salacious details of the so-called Steele Dossier (a collection of fabricated nonsense financed by the Hillary Clinton campaign).

But the purpose of Comeys briefing was not to inform or enlighten Trump, but rather to gather information on him for the ongoing sham investigation known as Crossfire Hurricane.

After Comey told Trump about the bogus dossier, he dashed off to a waiting FBI vehicle where he had arranged to have a classified laptop waiting for him. Comey typed up the memo about the Trump briefing while being driven to the FBIs building in New York, where he scurried to a secure room to gab with the Crossfire Hurricane team waiting back at FBI headquarters in Washington.

Nothing says smooth transition like gaslighting the president-elect and reporting your impressions to FBI headquarters, right?

Incoming presidents traditionally are given leeway to pick their Cabinet officials. Thats supposed to be the normthe president was elected by the people, and therefore should be allowed to select the top officials to run the executive branch.

After Obamas election, Senate Republicansthen in the minorityvoted for Obamas Cabinet nominees in large numbers. Top nominees such as Hillary Clinton for secretary of state, Eric Holder for attorney general, and Peter Orszag for director of the Office of Management and Budget, were confirmed 94-2, 75-21, and by unanimous consent, respectively.

That tradition ended after Trump was elected. Trumps nominees for secretary of state, Rex Tillerson; attorney general, Jeff Sessions; and director of the Office of Management and Budget, Mick Mulvaney, squeaked by their confirmation votes with 56-43, 52-47, and 51-49, respectively. A collective total of only five yea votes were cast by Democrats for those three nominees (three of the five votes coming from Sen. Joe Manchin, D-W.Va.).

But for the fact that Republicans controlled the Senate by a razor-thin majority, Trump would have begun his term without these crucial Cabinet officials.

Rather than give deference to the presidents Cabinet nominees, Senate Democrats joined the #Resistance from the get-go.

Trump has been criticized in the press for using the postelection months at the White House to cement his legacyimplementing regulations, appointing allies to advisory boards, auctioning off drilling rights in the Arctic National Wildlife Refuge, etc.

The Washington Post is unhappy with these actions, scribbling that the whirlwind of activities has bucked tradition of past presidents who have deferred on major policy actions during the lame-duck period.

The Post and other Democrats have a short memory. If theyd only read what The New York Times reported after the 2016 election it would be clear that Trump has plenty of precedent to rely upon.

On Dec. 31, 2016, the Times reported:

With less than three weeks before the Obama White House is history the president is using every power at his disposal to cement his legacy and establish his priorities as the law of the land. He has banned oil drilling off the Atlantic coast, established new environmental monuments, protected funding for Planned Parenthood clinics, ordered the transfer of detainees from Guantnamo Bay, criticized Israeli settlements and punished Russia for interfering in the recent elections through cyberattacks.

Those all sound like major policy actions, dont they? If Trump is bucking the tradition of past presidents, as the Post alleges, it must be presidents from the past other than Obama.

Should Trump sit idly by instead of cementing his legacy? Should Senate Republicans give a Biden administrations Cabinet nominees more deference than Democrats gave Trumps nominees in 2017? Should John Durham (now a special counsel) end his probe into the origins of the FBIs ridiculous Crossfire Hurricane investigation?

A case can be made that Trump and Senate Republicans should treat the Democrats past behavior as water under the bridge. Be the bigger political party, as it were. Perhaps thats whats best for the country.

Time will tell, but its unlikely that former Vice President Joe Biden will suffer the same shoddy treatment that Trump got during his presidential transition. However, Republicans can certainly make a good case that its the transition Biden would deserve.

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Leftists Are Upset With the Ongoing Presidential Transition. Let's Look Back at How They Behaved in - Daily Signal

Tyson hires former AG Eric Holder to investigate claims of betting on worker COVID infections – Columbia Daily Tribune

By Clark Kauffman| Iowa Capitol Dispatch

Tyson Foods CEO announced Thursday he has hired former U.S. Attorney General Eric Holder to lead an independent investigation into a lawsuits claims that managers at one of the companys Iowa plants placed bets on the number of workers who would contract COVID-19.

The claims of a betting pool at the food giants Waterloo, Iowa, plant,first reported by Iowa Capital Dispatch, are just one set of allegations Tyson is facing in lawsuits across the country.

In Iowa alone, at least three coronavirus-related cases, involving a total of five plaintiffs, are pending in state and federal court. Other COVID-19 lawsuits, filed on behalf of dozens of workers, are pending in Texas courts.

In response to the latest allegations involving a betting pool among managers at the companys Waterloo plant, Tyson Foods president and chief executive officer, Dean Banks, said Thursday in a written statement:

We are extremely upset about the accusations involving some of the leadership at our Waterloo plant. Tyson Foods is a family company with 139,000 team members and these allegations do not represent who we are, or our core values and team behaviors. We expect every team member at Tyson Foods to operate with the utmost integrity and care in everything we do.

We have suspended, without pay, the individuals allegedly involved and have retained the law firm Covington & Burling LLP to conduct an independent investigation led by former Attorney General Eric Holder. If these claims are confirmed, well take all measures necessary to root out and remove this disturbing behavior from our company.

Our top priority is and remains the health and safety of our team members.

Marc Perrone, president of the United Food and Commercial Workers International labor union, which represents many of the workers in the Waterloo plant, also issued a statement on Thursday:

Americas meatpacking workers are dying on the frontlines of this pandemic, putting themselves in harms way to ensure our families can put food on the table this Thanksgiving, Perrone said. This shocking report of supervisors allegedly taking bets on how many workers would get infected, pressuring sick workers to stay on the job, and failing to enforce basic safety standards, should outrage every American.

Perrone said the allegations are evidence that the Trump administration and Iowa Gov. Reynolds care more about industry profits than protecting Americas frontline workers … We are continuing to call on elected leaders to implement an enforceable national safety standard, increased access to PPE and COVID-19 testing, and rigorous proactive inspections.

More than 1,000 Tyson employees at the Waterloo plant a third of the facilitys workforce have contracted the virus since the beginning of the pandemic and at least five of the workers have died.

Nationally, at least 4,600 Tyson employees in 15 states have been infected with COVID-19, and at least 18 have died. According to theMidwest Center for Investigative Reporting, there have been at least 42,000 infections tied to meatpacking facilities in at least 470 plants in 40 states, and at least 215 deaths are associated with 51 plants in 27 states.

Tyson Foods hasseveral facilities in Missouri. In June, the company reported that 371 employees at its chicken processing plant in thefar southwestern corner of Missouri had tested positive for COVID-19.

The Midwest Center for Investigative Reporting has found 1,146 COVID-19 cases tied to meatpacking plants in Missouri, along with four deaths. However, they note that those numbers reflect what has been publicly reported; there might be more that have not been publicly identified.

In Texas, at least three lawsuits have been filed against Tyson one by a group of 12 employees at the companys plaint in Center, Texas, one by 41 employees of Tysons Amarillo plant, and one by the family of a deceased Tyson employee.

In one of the Texas cases, employees allege that Tyson Foods forced workers at one plant to continue to show up during the COVID-19 outbreak at a time when Gov. Greg Abbotts stay-at-home order was in effect. The lawsuit also alleges that the company did not give workers proper personal protective equipment and did not provide employees with workers compensation insurance.

The lawsuit claims that in lieu of workers comp, Tyson implemented its own Workplace Injury Settlement Program wherein Tyson had employees sign liability releases before they could claim any benefits for on-the-job injuries. In many cases, the lawsuit alleges, Tyson had employees sign away their right to sue, and then either denied the workers benefits or paid out very smalls sums of money.

A common element of the lawsuits is the allegation that Tyson had plenty of advance notice as to the impact the virus was likely to have on its workforce in Iowa and other states.

The plaintiffs note that Tyson Foods has extensive business interests in China, with one of the companys subsidiaries operating a facility in Hubei province. In January 2020, the companyformed a corporate coronavirus task forceafter observing the impact the virus had on its operations in China.

On Jan. 11, Chinese state media reported its first known death from COVID-19, and by February, Tyson had allegedly halted operations at some of its facilities in China and scaled back operations in others.

On March 8,three COVID-19 cases were reported in Iowa, and four days later Tyson Foods barred all non-essential visitors from entering Tyson offices and facilities and mandated that all non-critical employees at its corporate offices work remotely.

On April 6,Tyson temporarily suspended operationsat its Columbus Junction, Iowa, plant after more than two dozen employees tested positive for the virus. Despite that, employees of Packers Sanitation Services Incorporated allegedly moved back-and-forth between the Columbus Junction and Waterloo plants, working at both facilities without being quarantined and without being tested for COVID-19.

The Occupational Safety and Health Administration and the Centers for Disease Control and Prevention issued general guidance on preparing workplaces for the virus was early as March 9. But it wasnt until April 26 that the agencies published additional guidelines that were specific to meat and poultry processing plants.

By that time, state lawmakers in Iowa had already filed an OSHA complaint against Tyson Foods in response to workers claiming they did not have sufficient personal protective equipment; social distancing measures were not being implemented or enforced; and nurses at the Waterloo Facility were unable to accurately conduct temperature checks.

On April 20, Iowas OSHA office inspected the Waterloo plant and later reported it hadfound no regulatory violations.The plant closed two days later and reopened in May with new safety measures in place.

The federal OSHA office, meanwhile, offered tosupport meatpackers in any litigationbrought by workers or their families due to workplace exposure to the virus, assuming the companies made a good faith effort to comply with voluntary mitigation guidelines.

Public Citizen, a nonprofit advocacy group, has argued that state and federal efforts to provide legal immunity to businesses that demonstrate an effort to comply with federal guidelines could cripple the ability for workers and tehri families to sue, even in cases of gross negligence. The organization notes that guidelines from the CDC are just that suggested guidelines, not mandatory regulations, which means that compliance is discretionary and businesses need to show only that they considered following the suggested measures.

Where regulatory standards give near-total discretion to businesses, as is the case with the CDC guidelines, a compliance defense amounts to immunity even when the entities do almost nothing, Public Citizen reported in inan August reporton mitigation compliance.

This was originally published on Missouri Independent.

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Tyson hires former AG Eric Holder to investigate claims of betting on worker COVID infections - Columbia Daily Tribune

The Next Attorney General’s Allegiance Must Be to the Rule of Law – Just Security

As President-Elect Joe Biden assembles a Cabinet, one of his most consequential decisions will be to choose the man or woman who will serve as the nations 85th attorney general. The eventual nominee will bear the heavy burden of restoring public confidence in the Department of Justice (DOJ), an institution whose most basic guiding norms have been upended, and whose dedicated but beleaguered career public servants have been subject to repeated attacks from the outgoing president and Attorney General Bill Barr.

Biden will choose from a pool of many qualified individuals. But, in our view, the key credentials of the next AG should be significant prosecutorial experience at the federal or state level and an abiding fidelity to the apolitical administration of justice, even if doing so results in outcomes that do not politically benefit the new administration. Such a choice would go a long way toward reassuring the public and rank-and-file DOJ attorneys and law enforcement agents that the incoming leadership understands that the Departments mission is to pursue impartial justice, guided by evidence and law, free from partisan considerations.

There may be no agency head more central to the effective functioning of American democracy than the attorney general. As the nations chief law enforcement officer, the AG must make real the constitutional promises of equal protection and due process under law. Once the AG emerges from the political process of presidential appointment and Senate confirmation, he or she must abstain completely from partisanship. The DOJs Justice Manual spells this out clearly: The rule of law depends upon the evenhanded administration of justice. The legal judgments of the Department of Justice must be impartial and insulated from political influence.

Every day the attorney general is confronted with decisions testing his or her commitment to this ideal. Robert Jackson, who held the position before his appointment to the Supreme Court, once observed:

The prosecutor has more control over life, liberty, and reputation than any other person in America. His discretion is tremendous. He can have citizens investigated and, if he is that kind of person, he can have this done to the tune of public statements and veiled or unveiled intimations. Or the prosecutor may choose a more subtle course and simply have a citizens friends interviewed.

Any hint that political considerations influenced a prosecutorial decision undermines public confidence in the even-handed administration of justice.

Because the role of the attorney general is so sensitive, the positon should be filled by individuals who need no on-the-job training. Both of the Senate-confirmed attorneys general who served during the Obama administration Eric Holder and Loretta Lynch had served as career federal prosecutors for significant periods in their careers. Both came up through the ranks and understood what it means to work in the trenches. Both possessed the knowledge, skills, and experience needed to win the confidence of the thousands of career public servants who carry out the day-to-day work of the Department. And both understood their roles as stewards of the Departments core value of fair and impartial administration of justice free from partisan political considerations. [Full disclosure: Ronald Weich, one of the authors of this piece, led a team assisting Holder through the Senate confirmation process and co-author Edgar Chen was part of the DOJ Legislative Affairs team handling Lynchs confirmation.]

The core value of nonpartisan justice has been sorely tested in recent years. The outgoing attorney general argued recently that career prosecutors could not be entrusted with difficult decisions and that political control over law enforcement was necessary and desirable. Meanwhile, Trump himself famously lamented, Wheres my Roy Cohn? in seeking an attorney general whose first priority would be to serve as fixer and personal lawyer for the president. Paradoxically, Trump held a misguided admiration for the relationship between Holder and President Barack Obama, erroneously viewing it as one of personal fealty and believing that protection of the president was the principal criteria for leading the DOJ: I will say this: Holder Protected President Obama. Totally protected him. Holder protected the president. And I have great respect for that, Ill be honest. This statement revealed the presidents deeply flawed and sub-elementary grasp of concepts such as rule of law. Holder got the last word: I had a president I did not have to protect.

While Holder was indeed a trusted adviser to Obama, that role was separate from his duties as attorney general. Holder, who had come up through the Department as a career public corruption prosecutor and later served as U.S. Attorney for the District of Columbia and deputy attorney general, took great pains to ensure that law enforcement decisions were strictly insulated from White House participation. In fact, there are several notable instances when Holder acted in a manner that did not favor Obamas or the Democratic Partys political interests.

Those events include:

In all these cases, decisions by the attorneys general (and we use the plural here to include Sessions correct recusal) were based on ethics rules; respect for the non-partisan, apolitical work of career investigators, prosecutors, and professional responsibility officials; and the willingness to buck political affinity in order to adhere to established principles, and in the case of the Stevens prosecution, overturning the decisions of career prosecutors only because clear and blatant ethics or judicial violations were unambiguously documented.

In recent days, career prosecutors have demonstrated their commitment to the apolitical administration of justice. When Attorney General Barr took theunprecedented step of authorizing federal prosecutorsto pursue substantial allegations of voting and vote tabulation irregularities prior to the certificationof elections, contrary to longstanding DOJ policy, the Director of the Departments Elections Crimes Branch resigned in protest and at least 16 career federal prosecutors assigned to monitor electionsoffered a public rebuke of Barrs action, arguing the need to avoid speculation that it was motivated by partisan political concerns. These career civil servants placed principle over partisanship, even at great risk to their livelihoods. Whomever Biden selects as AG must share their determination to do the right thing, even at the risk of offending the occupant of the White House.

The Department of Justice is the only federal agency named after an ideal. The next attorney general should remain true to that ideal and follow in the examples described above by previous attorneys general and career prosecutors who have risked their positions and indeed careers to do what is right, in order to preserve the constitutional principles upon which justice in this nation is predicated.

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The Next Attorney General's Allegiance Must Be to the Rule of Law - Just Security