U.S. District Court Judge Carlton W. Reeves Sentencing Speech to Convicted White Racist Murderers

 

 

One of my former history professors, Dennis Mitchell, recently released a history book entitled, A New History of Mississippi. “Mississippi,” he says, “is a place and a state of mind. The name evokes strong reactions from those who live here and from those who do not, but who think they know something about its people and their past.” Because of its past, as described by Anthony Walton in his book, Mississippi: An American Journey, Mississippi “can be considered one of the most prominent scars on the map” of these United States. Walton goes on to explain that “there is something different about Mississippi; something almost unspeakably primal and vicious; something savage unleashed there that has yet to come to rest.” To prove his point, he notes that, “[o]f the 40 martyrs whose names are inscribed in the national Civil Rights Memorial in Montgomery, AL, 19 were killed in Mississippi.” “How was it,” Walton asks, “that half who died did so in one state?” — My Mississippi, Your Mississippi and Our Mississippi.

Mississippi has expressed its savagery in a number of ways throughout its history, slavery being the cruelest example, but a close second being Mississippi’s infatuation with lynchings. Lynchings were prevalent, prominent and participatory. A lynching was a public ritual — even carnival-like — within many states in our great nation. While other States engaged in these atrocities, those in the deep south took a leadership role, especially that scar on the map of America — those 82 counties between the Tennessee line and the Gulf of Mexico and bordered by Louisiana, Arkansas and Alabama.

Vivid accounts of brutal and terrifying lynchings in Mississippi are chronicled in various sources: Ralph Ginzburg’s 100 Years of Lynching and Without Sanctuary: Lynching Photography in America, just to name two. But I note that today, the Equal Justice Initiative released Lynching in America: Confronting the Terror of of Racial Terror; apparently, it too is a must-read.

In Without Sanctuary, historian Leon Litwack writes that between 1882 and 1968 an estimated 4,742 Blacks met their deaths at the hands of lynch mobs. The impact this campaign of terror had on black families is impossible to explain so many years later. That number contrasts with the 1,401 prisoners who have been executed legally in the United States since 1976. In modern terms, that number represents more than those killed in Operation Iraqi Freedom and more than twice the number of American casualties in Operation Enduring Freedom — the Afghanistan conflict. Turning to home, this number also represents 1,700 more than who were killed on 9/11. Those who died at the hands of mobs, Litwack notes, some were the victims of “legal” lynchings — having been accused of a crime, subjected to a “speedy” trial and even speedier execution. Some were victims of private white violence and some were merely the victims of “Nigger hunts” — murdered by a variety of means in isolated rural sections and dumped into rivers and creeks. “Back in those days,” according to black Mississippians describing the violence of the 1930’s, “to kill a Negro wasn’t nothing. It was like killing a chicken or killing a snake. The whites would say, ‘Niggers jest supposed to die, ain’t no damn good anyway — so jest go an’ kill ’em.’ . . . They had to have a license to kill anything but a Nigger. We was always in season.” Said one white Mississippian, “A white man ain’t a-going to be able to live in this country if we let niggers start getting biggity.” And, even when lynchings had decreased in and around Oxford, one white resident told a visitor of the reaffirming quality of lynchings: “It’s about time to have another [one],” he explained, “[w]hen the niggers get so that they are[n’t] afraid of being lynched, it is time to put the fear in them.”

How could hate, fear or whatever it was that transformed genteel, God-fearing, God-loving Mississippians into mindless murderers and sadistic torturers? I ask that same question about the events which bring us together on this day. Those crimes of the past as well as these have so damaged the psyche and reputation of this great State.

Mississippi soil has been stained with the blood of folk whose names have become synonymous with the Civil Rights Movement like Emmett Till, Willie McGee, James Cheney, Andrew Goodman, Michael Schwerner, Vernon Dahmer, George W. Lee, Medgar Evers and Mack Charles Parker. But the blood of the lesser-known people like Luther Holbert and his wife, Elmo Curl, Lloyd Clay, John Hartfield, Nelse Patton, Lamar Smith, Clinton Melton, Ben Chester White, Wharlest Jackson and countless others, saturates these 48,434 square miles of Mississippi soil. On June 26, 2011, four days short of his 49th birthday, the blood of James Anderson was added to Mississippi’s soil.

The common denominator of the deaths of these individuals was not their race. It was not that they all were engaged in freedom fighting. It was not that they had been engaged in criminal activity, trumped up or otherwise. No, the common denominator was that the last thing that each of these individuals saw was the inhumanity of racism. The last thing that each felt was the audacity and agony of hate; senseless hate: crippling, maiming them and finally taking away their lives.

Mississippi has a tortured past, and it has struggled mightily to reinvent itself and become a New Mississippi. New generations have attempted to pull Mississippi from the abyss of moral depravity in which it once so proudly floundered in. Despite much progress and the efforts of the new generations, these three defendants are before me today: Deryl Paul Dedmon, Dylan Wade Butler and John Aaron Rice. They and their coconspirators ripped off the scab of the healing scars of Mississippi . . . causing her (our Mississippi) to bleed again.

Hate comes in all shapes, sizes, colors, and from this case, we know it comes in different sexes and ages. A toxic mix of alcohol, foolishness and unadulterated hatred caused these young people to resurrect the nightmarish specter of lynchings and lynch mobs from the Mississippi we long to forget. Like the marauders of ages past, these young folk conspired, planned, and coordinated a plan of attack on certain neighborhoods in the City of Jackson for the sole purpose of harassing, terrorizing, physically assaulting and causing bodily injury to black folk. They punched and kicked them about their bodies — their heads, their faces. They prowled. They came ready to hurt. They used dangerous weapons; they targeted the weak; they recruited and encouraged others to join in the coordinated chaos; and they boasted about their shameful activity. This was a 2011 version of the Nigger hunts.

Though the media and the public attention of these crimes have been focused almost exclusively on the early morning hours of June 26, 2011, the defendants’ terror campaign is not limited to this one incident. There were many scenes and many actors in this sordid tale which played out over days, weeks, and months. There are unknown victims like the John Doe at the golf course who begged for his life and the John Doe at the service station. Like a lynching, for these young folk going out to “Jafrica” was like a carnival outing. It was funny to them – an excursion which culminated in the death of innocent, African-American James Craig Anderson. On June 26, 2011, the fun ended.

But even after Anderson’s murder, the conspiracy continued . . . And, only because of a video, which told a different story from that which had been concocted by these defendants, and the investigation of law enforcement — state and federal law enforcement working together — was the truth uncovered.

What is so disturbing . . . so shocking . . . so numbing . . . is that these Nigger hunts were perpetrated by our children . . . students who live among us . . . educated in our public schools . . . in our private academies . . . students who played football lined up on the same side of scrimmage line with black teammates . . . average students and honor students. Kids who worked during school and in the summers; kids who now had full-time jobs and some of whom were even unemployed. Some were pursuing higher education and the Court believes they each had dreams to pursue. These children were from two-parent homes and some of whom were the children of divorced parents, and yes some even raised by a single parent. No doubt, they all had loving parents and loving families.

In letters received on his behalf, Dylan Butler, whose outing on the night of June 26 was not his first, has been described as “a fine young man,” “a caring person,” “a well mannered man” who is truly remorseful and wants to move on with his life . . . a very respectful . . . a good man . . . a good person . . . a loveable, kind-hearted teddy bear who stands in front of bullies . . . and who is now ashamed of what he did. Butler’s family is a mixed-race family: for the last 15 years, it has consisted of an African-American step-father and step-sister plus his mother and two sisters. The family, according to the step-father, understandably is “saddened and heart broken.”

These were everyday students like John Aaron Rice, who got out of his truck, struck James Anderson in the face and kept him occupied until others arrived . . . Rice was involved in multiple excursions to so-called “Jafrica”, but he, for some time, according to him and his mother, and an African-American friend shared his home address.

And, sadly, Deryl Dedmon, who straddled James Anderson and struck him repeatedly in the face and head with his closed fists. He too was a “normal” young man indistinguishable in so many ways from his peers. Not completely satisfied with the punishment to which he subjected James Anderson, he “deliberately used his vehicle to run over James Anderson – killing him.” Dedmon now acknowledges he was filled with anger.

I asked the question earlier, but what could transform these young adults into the violent creatures their victims saw? It was nothing the victims did . . . they were not championing any cause . . . political . . . social . . . economic . . . nothing they did . . . not a wolf whistle . . . not a supposed crime . . . nothing they did. There is absolutely no doubt that in the view of the Court the victims were targeted because of their race.

The simple fact is that what turned these children into criminal defendants was their joint decision to act on racial hatred. In the eyes of these defendants (and their coconspirators) the victims were doomed at birth . . . their genetic make-up made them targets.

In the name of White Power, these young folk went to “Jafrica” to “fuck with some niggers!” Echos of Mississippi’s past. White Power! Nigger! According to the Fifth Circuit Court of Appeals, that word Nigger is the “universally recognized opprobrium, stigmatizing African-Americans because of their race.” It’s the nuclear bomb of racial epithets – as Farai Chideya has described the term. With their words, with their actions – “I just ran that Nigger over” – there is no doubt that these crimes were motivated by the race of the victims. And from his own pen, Dedmon, sadly and regretfully wrote that he did it out of “hatred and bigotry.”

The Court must respond to one letter it received from one identified as a youth leader in Dylan Butler’s church, a mentor, he says and who describes Dylan as “a good person.” The point that “[t]here are plenty of criminals that deserve to be incarcerated,” is well taken. Your point that Dylan is not one of them — not a criminal . . . is belied by the facts and the law. Dylan was an active participant in this activity, and he deserves to be incarcerated under the law. What these defendants did was ugly . . . it was painful . . . it is sad . . . and it is indeed criminal.

In the Mississippi we have tried to bury, when there was a jury verdict for those who perpetrated crimes and committed lynchings in the name of WHITE POWER . . . that verdict typically said that the victim died at the hands of persons unknown. The legal and criminal justice system operated with ruthless efficiency in upholding what these defendants would call WHITE POWER.

Today, though, the criminal justice system (state and federal) has proceeded methodically, patiently and deliberately seeking justice. Today we learned the identities of the persons unknown . . . they stand here publicly today. The sadness of this day also has an element of irony to it: each defendant was escorted into court by agents of an African-American United States Marshal; having been prosecuted by a team of lawyers which includes an African-American AUSA from an office headed by an African-American U.S. Attorney — all under the direction of an African-American Attorney General, for sentencing before a judge who is African-American, whose final act will be to turn over the care and custody of these individuals to the BOP — an agency headed by an African-American.

Today we take another step away from Mississippi’s tortured past . . . we move farther away from the abyss. Indeed, Mississippi is a place and a state of mind. And those who think they know about her people and her past will also understand that her story has not been completely written. Mississippi has a present and a future. That present and future has promise. As demonstrated by the work of the officers within these state and federal agencies — black and white; male and female, in this Mississippi, they work together to advance the rule of law. Having learned from Mississippi’s inglorious past, these officials know that in advancing the rule of law, the criminal justice system must operate without regard to race, creed or color. This is the strongest way Mississippi can reject those notions — those ideas which brought us here today.

At their guilty plea hearings, Deryl Paul Dedmon, Dylan Wade Butler and John Aaron Rice told the world exactly what their roles were . . . it is ugly . . . it is painful . . . it is sad . . . it is criminal.

The Court now sentences the defendants as follows: [The specific sentences are not part of the judge’s prepared remarks.]

The Court has considered the advisory guidelines computations and the sentencing factors under 18 U.S.C. § 3553(a). The Court has considered the defendants’ history and characteristics. The Court has also considered unusual circumstances — the extraordinary circumstances — and the peculiar seriousness and gravity of those offenses. I have paid special attention to the plea agreements and the recommendations of the United States. I have read the letters received on behalf of the defendants. I believe these sentences provide just punishment to each of these defendants and equally important, I believe they serve as adequate deterrence to others and I hope that these sentences will discourage others from heading down a similar life-altering path. I have considered the Sentencing Guidelines and the policy statements and the law. These sentences are the result of much thought and deliberation.

These sentences will not bring back James Craig Anderson nor will they restore the lives they enjoyed prior to 2011. The Court knows that James Anderson’s mother, who is now 89 years old, lived through the horrors of the Old Mississippi, and the Court hopes that she and her family can find peace in knowing that with these sentences, in the New Mississippi, Justice is truly blind. Justice, however, will not be complete unless these defendants use the remainder of their lives to learn from this experience and fully commit to making a positive difference in the New Mississippi. And, finally, the Court wishes that the defendants also can find peace.

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When I grow up, I want to be like Cornel West!

The killing of Kajieme Powell: “a good shoot” is an oxymoron

I received the following note on Facebook:

“Bro. Asa, I’m also distressed about the recent killing of Kajieme Powell. I understand Police having to protect themselves but this young man was acting erratically and after viewing the video ; it looked like “suicide by cop”. Are the cadets trained on how to disarm someone acting in a bizarre manner who is probably mentally ill without killing him. One officer years ago told me that you can drop someone by shooting them in the legs/knees/arms. He’s never had to kill anyone. They cuffed this young man and it was clear that he was down and unable to attack anyone. I guess I’m wondering given your law enforcement expertise; (when you have the time) if you can address these issues on your blog. I also understand the precariousness of doing so given your profession. I would like to see more Officers with the intelligence, common sense and expertise of Highway Patrol Captain Ron Johnson! I feel like you do. Thanks for hearing me out!”

My reply:

Dear Sis. Carolyn,

Like you I’m also distressed by the “executing” of our Black men and boys by the police.

As a Black man, a Black father of a young Black son and a Black police officer, I have a certain… maybe even an “unique” perspective… into these situations. However, I made a conscious decision to not do a blog post, so as to add to the deluge of intellectualized placebos from all quarters, which only real and lasting accomplishment is to further desensitize our society to the genocide being committed against those of African descent… those with black and brown skins… worldwide. The Word states that “there is nothing new under the sun”. It’s all been said, discussed and debated before, as well as now. The truth is that whether it’s 1614, 1714, 1814, 1914 or 2014, the terrorism that is white supremacy continues to be unleashed upon us, ironically even more so under the administration of the first USA “black” President and his “black” Attorney General.

However, as you are my sister and I know of the sincerity of your empathy, I will offer my “two cents” to you… to spend as you wish.

In the Kajieme Powell incident, what compounds the situation was the fact that he was mentally and emotionally disturbed. I don’t know about Kajieme’s personal history, but I do know that in an effort to reduce health care costs, there is a trend to release those with mental and emotional problems into society, when they actually should be in facilities that are adept in treating their conditions, or at least monitoring and stabilizing it with medication. They are being released into the custody of those who do love them, but aren’t capable in handling their conditions if it deteriorates. It then more often than not, becomes a police problem. However, police officers aren’t trained to be psychologists. Simply put: we’re trained to eliminate a threat with extreme prejudice… which means different things to different police officers. As a police officer in Canada, we’re specifically trained that when you’re dealing with someone who is mentally and emotionally disturbed, who is armed and making threats, including asking to be killed by the police, you’re dealing with one of the most erratic, irrational and dangerous situations you will ever face as a police officer. From what I know, this training is similar in the USA. Regardless of one’s training, the response to these situations is ultimately made by the individual officer(s). This response would be influenced by a number of factors such as the officer’s upbringing, how he/she is socialized and their resulting prejudices; their views on race, class, gender; as well as their own physical, mental and emotional abilities, capabilities and shortcomings, etc.

Looking at the video, it is my belief that other interventions could have been utilized before the decision to shoot and kill Kajieme became the final solution. Disengage, back up, contact family members, his social worker or mental health specialist etc, to speak with him. Get some police shields (from Ferguson) and rush him with an officer prepared to discharge a Taser to incapacitate him. I don’t want to be a “Monday morning arm chair quarterback” because I wasn’t there, but from what I can deduce from this situation, these are some of the options I personally would attempt or discuss with my fellow officers, before deciding that I had no other choice but to shoot and kill him. However, based on the training they (and I) have received, this would be classified as a justifiable, legal response to this situation… i.e., “a good shoot”. It is my opinion that any shooting by a police officer that takes the life of an individual, whatever the circumstances, certainly should be viewed as a tragedy for all parties involved. A “good shoot” is therefore an oxymoron.

As a “black” police officer, I’m so proud of Captain Ron Johnson and how he is handling the crisis in Ferguson. I understand and  empathize with the trials, tribulations, as well as the emotions he’s going through. He’s in a tough position as most people… both white and black… want him for their own self interests, to fail in bringing some peace and order to the community… a community he grew up in. It’s bad enough that his (white) superiors and (white) colleagues have been pulling stunts to undermine him every step of the way, but that’s expected. What annoys me most are the pseudo-intellectual, wanna-be black revolutionary social media activists, sitting in the safety of their homes, in their comfortable swivel arm chairs in-front of a computer, discrediting and referring to him as an “uncle tom”, “sellout”, “token” and “stooge of the white man sent to pacify the negroes”.

What these pseudo-intellectual, wanna-be black revolutionary social media activists don’t understand, which I do, is that Captain Johnson is the shepherd keeping the wolves at bay, who are more than ready, willing and able… and are only waiting for the right opportunity to slaughter their prey. Believe me, I know of what I speak. I’ve been in policing situations where my presence and forceful intervention in certain situations, have prevented the shooting and possible death of a Black male, as well as saved some of them from being criminalized for minor indiscretions. What these pseudo-intellectual, wanna-be black revolutionary social media activists fail to realize, which I do, is that the military equipment deployed against the peaceful protesters was not a show of force, but a use of force. It was only by the grace of God that one of the trigger happy cops didn’t start shooting into the protesters, which would have caused a conditioned natural chain reaction by the other cops to start shooting too. It would have resulted into another Sharpeville massacre. Believe me, I know of what I speak. I was on a tactical emergency task force. The reason these same pseudo-intellectual, wanna-be black revolutionary social media activists want Captain Johnson to fail, why they not so secretly welcome the slaughter of innocents, is the simple fact that it will provide the needed fodder for their next Facebook, Twitter and blog rhetoric and posts, which will undoubtedly bring more “hits” and notoriety to their sites.

Let me share an article with you about the shooting and killing of a mentally and emotionally disturbed teenager in Toronto, Canada by a police officer: “The Killing of Sammy Yatim”. It’s very informative on a number of different levels. First it shows the similarities in police training, in Canada and the USA, at handling these types of situations. More importantly, the article humanizes both the victim and the officer. Too often the media, particularly social media, demonizes and dehumanizes those they see as their adversaries. We need to always remember that both are human beings with families who suffer in their own way.

Let me also share with you a post I did in 2009 entitled: “A day of blogging for Justice – Standing up against the pre-trial electrocution”. It speaks for itself and further addresses your questions.

Finally I’ll end with the words of our musical prophets Bob Marley and Peter Tosh:

God continue to bless you my sister and provide you with the wisdom you’re ever seeking.

Asa.

“He who’s without sin throw stone at ICC” by Nkwazi Mhango

Although I believe not in the Bible, I like some of its wisdom. John 8:7 says, “He who is without sin among you can cast the first stone at her,”. Jesus was responding to a mob justice that brought a woman accused of adultery. He wanted to assassin the tendency of better than thou among Jews.

Recently, some quarters in Africa proved to act as those Jews in Jesus’ story. Some are now accusing the International Criminal Court of racism, selectivity and targeting black leaders. Is ICC really targeting anybody or it is doing its work? A couple of current and former African rulers are facing charges before the ICC. Indicted are two sitting presidents, Omar Bashir (Sudan) and Uhuru Kenyatta (Kenya). One sitting deputy president William Ruto is also charged. Two former presidents, Charles Taylor (Liberia) and Laurent Gbagbo (Ivory Coast) are behind bars waiting for their cases to be heard and determined. Suspects along with wannabe suspects and desperados are giving ICC a bad name by accusing it of racism and targeting African rulers. Bashir is charged along with his two lieutenants, Ally Kushayb and Ahmed Haroun. Actually, those people do not advance any legal and logical arguments. Instead they are yelling and politicizing ICC through duping their people to support their evil plot.

Other African indictees are Ugandan fugitive Lord Resistance Army (LRA) leader Joseph Kony, along with his lieutenants and other rebel leaders from Darfur, DRC and the son of former Libyan strong man, Saif al Islam Gaddafi to mention but a few.

On the one hand, ICC has already confirmed charges against African who’s who, while in the other hand, it has already dismissed other cases involving Africans such as Henry Kosgey, Mohamed Husssein (Kenya), Bahr Idris Abu Garda (Sudan) and Calixte Mbarushimana (Rwanda). Also ICC has already acquitted other Africans such as Mathieu Ngudjolo Chui (DRC). So too, ICC convicted Thomas Lubanga Dyilo (DRC).

Yes. Looking at the above mentioned people, it is true they are all Africans. Again, were they charged because they are Africans or just because they were accused of committing crimes ranging from rape, crimes against humanity, genocide and what not? It is important to underscore that ICC is a legally enacted instrument to deal with legal but not political matters. One would think that those accusing the ICC would produce logical evidence to prove their assertion. Instead, they are making rumpus unnecessarily. Recently Rwanda and Uganda led the choir of taking shots at the ICC. When this happened many asked one major question: Why now, not when African countries willingly and knowledgeably consented to and ratified the Rome Statute? Were they forced or duped into consenting and ratifying the same? Didn’t they know what they were doing? Did they know what they were doing save they didn’t know what would be the impacts of the ICC? Isn’t this double standard in the first place?

Rwanda’s Justice Minister Johnston Busingye was recently quoted as saying, “Africa seems to be taking the lion’s share of the ICC, for example, in the last one decade or so. So our position has really been this kind of justice is selective, and we do not want to have international justice being used as a tool, or being perceived as a tool to control Africa”. I concur with Busingye that Africa took a lion share in committing crimes. Is this ICC’s fault? The whole world knows that Africa has a big chunk of conflict globally.

It is sad to see people we thought to be of integrity such as Ethiopian Premier, Haile Mariam Desalegn jumping into the bandwagon of desperation. Desalegn was, in May, quoted as saying, “The process ICC is conducting in Africa has a flaw. The intention was to avoid any kind of impunity and ill governance and crime, but now the process has degenerated into some kind of race hunting.” Again, who is hunting who if African countries took their cases before the ICC?

Stephen Musau, chair of the Rights Promotion and Protection Center in Kenya however has the answer as to why African countries should not complain but instead put their houses in order. He was quotes as saying, “The failure is what led us to the ICC and that failure cannot be blamed on Kenyans. It is the state machinery, which failed to show the way in terms of how we deal with these issues and because we failed in that, we are supporting the ICC.”

By and large, all being said, we need to know that those accusing the ICC of
selectivity.

Nkwazi Mhango is a Tanzanian living in Canada. He writes regularly for “The African Executive” and also has a blog entitled “Free Thinking Unabii”. He is a regular contributor to AfroSpear.

Hoodie and Hijab standing together for justice!

“Why Kenya’s doing Bashir’s laundry?” by Nkwazi Mhango‏

Wrangles evidenced recently between Kenyan Judiciary and the executive over the ruling that Sudanese strong man, Omar Bashir, be apprehended shall he visit Kenya, left many analysts flabbergasted. One judge, Ncholas Ombija, made a historical ruling when ordered the Minister for Internal Security to see to it that when Bashir sets foot on Kenyan soil, he be apprehended and handed over to The Hague to face the music. We used to read about such rulings made by European judges, famous ones being those that were made by Spanish Judge Fernando Andreu, and French judge Jean-Louis Bruguière, who in April 2008 and November 2006 respectively, indicted Rwandan President, Paul Kagame. When these two justices indicted Kagame, many people wrongly thought that this was a venue for only European judges. Now that Ombija has open Pandora’s Box for our bigwigs, who will be safe?

More on Kenyan justice, this historical ruling did not augur well with the executive. When cornered the vulture cries wolf. Deputy Minister for Foreign Affairs was quotes as saying that the government would not abide by the ruling of its own court. What a dangerous stance? The Minister went on saying that Kenya will abide by the position that was taken by AU opposing the indictment of Bashir. How can a free country endanger its freedom for the sake of an individual who is not its citizen? Legally and logically, the constitution of Kenya is above that of AU. Whatever Kenyans do, Kenya comes first. Even if we look at two international instruments playing in this fracas, why is Kenya upholding AU’s non-binding decision whilst it violates Roma Statutes that Kenya signed voluntarily? Why is it that Kenya wants to abuse its own new constitution before even it marks a year? Why doesn’t Kenya do like Uganda that distanced itself when Bashir was invited to a conference in Kampala. Uganda successfully avoided unnecessary legal and political wrangling.

Again, Kenya is a member of East African Community. Doesn’t it see that by doing what one of its counterparts avoided, it is offending the same counterpart? It is shocking and sad that the Minister does not get it that AU has lost its legitimacy so as to support illegitimate regimes, even when they have committed atrocities against their people as it is the case with Bashir. Many were shocked to hear such law-breaking and self-inculpatory words coming from the Minister. To add insult to injury, thereafter, the Minister for Foreign Affairs was dispatched to Khartoum to mend fences. If anything, though the government in Nairobi is still flexing its muscles, the dent… deep and humongous one… has already been made. Will it be wise for the government that came to power after vanguishing dictatorship to taint its image in the defence of a dictator just the same as the one it toppled? Isn’t this high order hypocrisy?

Will Kibaki uphold the constitution and serve the Kenyans that voted for him or trumple over it and serve Sudanese strong man, and for what reasons and gains? Chances are that the executive is waging a losing battle for its peril thanks to the fact that the justice made his decision based on the provisions of the new constitution. Therefore, whoever advises Kibaki should be wise to underscore the fact that, under the new constitution, nobody is above the law. If the executive is still thinking by using the past-frozen brain when the president was above the law and the executive above judiciary, needs to be told that things have long changed. Although Kibaki spoiled the party at the promulgation of new constitution by inviting Bashir, why should he add more salt to injuries? By then thanks to the euphoria Kenyans were in, he got away with it. Will he get away with it once again? The answer is nope. Logically, it doesn’t add up even make sense for Kibaki to dent his image siding with a stinking dictator indicted for committing genocide against his own peole. What transpired in 2008 seems to have not given a lesson to Kibaki and all those that think that they can take the hoi polloi for a ride.

Moreover, chief justice Dr. Willy Mutunga has already weighed in very heavily and categorically so to speak. Responding to rants that the executive were not thinking about complying with the ruling, Mutunga was quoted as thus: “The Judiciary and its officers shall not be intimidated to bend the law”. To make his message clear, Mutunga added that Kenya must choose between anarchy and the rule of the law. Suppose the executive stick on their guns, will the judiciary allow itself to be cowered or stiff its neck and therefore create a crisis especially at this time Kenya is at war with al-Shabaab? What is the right thing to do under such circumstances?

In essence, Kenya has nothing to lose by dumping Bashir. We all know that Kenya is a major economc and political player in South Sudan. Shall it keep on thinking it can serve two masters namely Bashir and South Sudan? It should not wonder when South Sudan decided to part ways with it. For the French sage has it that “les amis des mes sont mes amis”, namely the friends of my friends are my friends. What of the enemies of my friends? They are obvious my enemies.

In sum, let us face it: will the Kenyan executive seal ignore the truth and go on defending Bashir by violating its own constitution? What precedent does the executive make in the first place? What legacy is Kibaki making? It time to warn Kenya that doing Bashir’s laundry will leave it messy and stinky.

Nkwazi Mhango is a Tanzanian living in Canada. He writes regularly for “The African Executive” and also has a blog entitled “Free Thinking Unabii”. He is a regular contributor to AfroSpear.

“Is Mubarak’s trial shame or fame for Africa?” by Nkwazi Mhango

Among the people who were moved, pained and disturbed by the tribulations and trials of former Egyptian strong man, Hosni Mubarak recently, is former Nigerian two-time president Olusegun Obassanjo. Obassanjo aired his view in Mombasa. Kenya where he was attending former presidents’ meeting, when he was asked how he views transitions happening in Egypt especially the trial of Mubarak. He had this to say, “Let them do whatever they want to do with Mubarak but putting him in a cage like chicken is not proper.” What a nugget of wisdom!

I greatly adore and respect Obassanjo for the noble and exemplary role he played for Nigeria and Africa in general. Again why didn’t Obassanjo say this when former Nigerian butcher, Sani Abacha was hurriedly and unceremoniously buried like a dog hanged for stealing meat? Simple logic is that Obassanjo did not say anything thanks to the fact that he was fighting and yearing for justice after being sentenced to death by Abacha illegally. This is the same situation those that lost their loved ones under Mubarak’s order are in.

Appearing before Cairo Court “frail” Mubarak was put in cage as he laid in bed as a drip hanged on him. His kids, too, were present though the media did not show them. The media did not show them simply because, for it, the biggest prize was Mubarak. For his supporters it was the most humiliating time in his and their lives ever. For those seeking justice it was a gratifying time ever. Essentially, what this actually was depends on the side one is in.

At his age, and for the time he spent in power, Mubarak was indeed slapped in the face. At 83, had Mubarak been a democrat or something near or even a seer like Nelson Mandela and Julius Nyerere, he’d have at least over twenty years in retirement. But nay! For Mubarak and other dictators, president is made of steel not flesh. He is made of light like Lucifer, but not dirty soil like Adam. He does not err. Whatever he says is a law in and by itself. Power is for him to love, have and hold forever. Power is among the bains of his life. Even his kids and wife are presidents in their own light. He does not retire or step down even when he messes and thinking about this is treason that guarantees supply for the noose of the hangman.

I don’t know if the word retirement resonates in the ears of strong men like Omar Bashir, Yoweri Museveni, Robert Mugabe, Denis Sassou Ngweso, Abdulaye Wade, Muamar Gadaffi, Paul Biya, Paul Kagame, Meres Zenawi, Isaias Afewerki and many more in the making in Africa. What happened to Mubarak is what is surely deserved, save that it took long time to happen. As a former president, maybe, just maybe, Obassanjo considered Mubarak as a special and sacred person thanks to being a former head of state. Had Obassanjo looked at another side of the coin, he’d realize that what happened to Mubarak is not shameful as it is wrongly perceived. What happened is the way justice works equally for all regardless of class, position, connection, clan and whatnot.

If you ask Sudanese refugees that were beaten and some killed under Mubarak’s orders, just for voicing their concerns, what Mubarak is going through is nothing but justice. If you ask Egyptians who lost their freedom for over two decades, what Mubarak is going through is but purification and promise of a justicious new Egypt. If you ask other Africans suffering from iron fists of their venal strong men, what Mubarak is going through is but a stalk warning for others in power. If you ask a poor man and woman on the street whose money was embezzled by Mubarak or the likes with their consigliore, what Mubarak is going through is nothing but something less in magnitude than what it would be shall they be given upper hand to decide his plight and fate. If you ask thinkers, what Mubarak is going through is nothing but the calamity he authored himself. For the judiciary in Egypt is reading from his scripts.

Importantly, if we make bone out of it, absolute power corrupts absolutely. When one looks at how Africa is languishing in begging and poverty unnecessarily, the same person finds no mercy for people like Mubarak. How can one forgive and defend the same creatures that have for long pushed Africa into the purgatory? Africa is rich in natural resources though poor in human resources. Again, African rulers are always ruining it. When one looks at African’s grim picture, can nary even shed cordial tears for any dictator on the cross. If Mubarak put his people in the cage like chickens, what is wrong with putting him in the same cage? Why better than thou when justice is delivered? Though grieving, even defending Mubarak is the right of the likes of Obassanjo and any other who want to defend him, so
too, it is the right for Egyptians to deliver justice the way they deem fit. Importantly, human rights must be protected. This is what matters most. Mubarak is a mortal human being that wrongly perceived himself as a saint due to commanding unchecked powers and jiggy life.

True, African potentates have very short or no memory. Who thought they’d easily forget what happened to their colleagues namely Samuel Doe, Jean- Bedel Bokassa ,Mobutu Seseseko, Charles Taylor and Laurent Gbagbo to mention but a few? A goat always has no memory. When you shout at it to stop destroying the crops in farm, it thinks this happened a long while ago. When you shout again, it thinks this happened yesterday. When you throw a stone at it, it realizes this is happening now! Again, the stone does not leave the goat well. When a human, especially one vested with power behaves like a goat, what happened to Mubarak is predictable and inevitable so to speak.

How many are going to go Mubarak’s way especially in South Saharan Africa? Many, many more! It is just the matter of time even if it takes a decade or so. Looking at what is happening to Mubarak, is it really shame or fame for Africa?

Nkwazi Mhango is a Tanzanian living in Canada. He writes regularly for “The African Executive” and also has a blog entitled “Free Thinking Unabii”. He is a regular contributor to AfroSpear.

Cornel West on Aljazeera