Shifting Margins

the blog of Bishop Kenneth L. Carder

Shifting Margins

The Criminal INJUSTICE System



In the late 1970s, Tennessee Governor Ray Blanton promised to pardon the son of a political ally who had been convicted of the murder of his ex-wife and her male companion. A firestorm of protest erupted, embroiling the Democratic governor in controversy that transcended political affiliation.

In an attempt to calm the political storm, Governor Blanton appointed a “Blue Ribbon Committee” to make a recommendation regarding his decision to pardon the convicted man.

I was asked to serve on the committee, which included a forensic psychiatrist, a Vanderbilt law professor, a couple of state senators, persons experienced with the pardon and parole system, a newspaper publisher, state representatives, and a couple of business people.

After thorough review of the case and hearing from relevant witnesses, the committee recommended against the pardon. We unanimously agreed that he did not meet the standard guidelines and that the proposed pardon was clearly a political payoff.

We felt that granting a unilateral pardon for obvious political payback subverted the criminal justice system and undermined confidence in its fairness.

Contrary to his promise to the committee, the governor pardoned the man along with more than fifty others during his last week in office.

Governor-Elect Lamar Alexander was sworn in three days prior to the official inauguration in order to prevent more such pardons.

Republican Alexander’s early swearing in was made possible by the U.S. attorney representing the Department of Justice, the lieutenant governor and state Speaker of the House, both Democrats.

After leaving office, Governor Blanton was convicted of mail fraud, conspiracy, and extortion for selling liquor licenses, and he served twenty-two months in a federal penitentiary.

Memory of this episode from forty years ago resurfaced with the news of President Trump granting pardons and/or clemency to duly tried-and-convicted, high-profile, white-collar criminals.

As Mark Twain said, “History doesn’t repeat itself, but it does rhyme.”

The recent actions by President Trump clearly rhymes with the Blanton experience. Both reflect the gross inequities within the criminal justice system and the abuse of power for purely political purposes.

1186px-Johnny-automatic-scales-of-justice.svg

The scales of justice are demonstrably weighted in favor of the economically and politically privileged. It’s more about how much money you have, the color of your skin, and who you know than what you do that determines your fate in the current system.

A glaring difference between the Blanton case and the current president’s actions is public response.

Forty years ago, Republicans and Democrats in Tennessee together demanded action from their political leaders on behalf of fundamental justice. Now, protest is largely muted and clearly partisan.

Has advocacy for simple fairness and equity become merely a politically partisan issue?

I wonder if Senator Lamar Alexander remembers that he was inaugurated governor three days early because leaders of the opposing political party put justice above party?

Are corruption and cronyism now acceptable, if it is done by OUR party?

Have we now normalized a criminal injustice system?

Is political party affiliation now the final arbiter of what is right?

Have we become a nation “where nobody is above the law,” EXCEPT the economically secure, politically connected, and racially privileged?

Is the Pledge of Allegiance a meaningless ritual for opening sports and civic events? What about “one nation under God, indivisible, with liberty and justice for ALL”?

The prophet Micah lived in a time when justice was weighted against the poor, and religious leaders were complicit with the prevailing injustice. Micah cautioned that such injustice has disastrous consequences and warned of impending national collapse.

But the prophet’s warning included God’s alternative:

[God] has told you, O mortal, what is good; and what does the Lord require of you but to do justice, and to love kindness, and to walk humbly with your God (6:8)

And this word from the Psalmist merits our attention:

Blessed are those who act justly, who always do what is right.” (106:3 NIV)

May our actions rhyme with the words of the Prophet and the Psalmist, more than with our partisan politics.

Prayer after the Election

 



praying-hands_1027_1024x768Sovereign God of justice and compassion, who judges all peoples, nations, institutions, and political parties: We pray for your mercy and guidance in the midst of our nation’s political turmoil and division.

Reconciling God, heal the painful wounds inflicted by our sharply partisan politics which elevates winning elections above honesty, respect, and the common good. Free us from narrow self-interest, insensitivity, and arrogance so that we can be agents of reconciliation in our families,  neighborhoods, and congregations.

Compassionate God, replace our hearts of stone with hearts beating with your life-giving mercy and kindness. Open our eyes to the hurts of others, clear our ears to hear the anguished cries of those who suffer,  transform our clinched fists into hands of generosity, and widen our arms to embrace all whom you love and for whom Christ died.

Righteous and holy God, whose righteousness is unyielding justice and whose holiness is unblemished love, empower us to defend “the orphans, widows, and immigrants” and purify our love of the blemishes of exclusion, superiority, and privilege.

Resurrecting and triumphant God, who in Jesus Christ conquered the powers of sin and death and is ever bringing order from chaos, liberation from bondage, reconciliation out of brokenness, strength from weakness, hope from despair, life from death: Grant us a renewed vision of your present and coming reign and a deepened commitment to seek first your kingdom and your righteousness.

To you, O Christ, belongs our final loyalty and through the power of the Holy Spirit, enable us to love you more dearly, serve you more faithfully, and praise you more joyfully. Amen

 

A Plea for Honesty

honesty

The normalization of dishonesty and deception threatens our common life. Lying has become an accepted political strategy and an applause line at public events. Whether done by Democrats or Republicans, it is just plain wrong!

Dishonesty destroys trust, rips apart the social fabric, and infects society with the deadly diseases of cynicism, corruption,  fear, and animosity.  Like an open infectious wound, lying contaminates the environment and threatens the health of others.

Honesty is an indispensable quality of character, and character does matter! Albert Einstein stated it succinctly: “Whoever is careless with the truth in small matters cannot be trusted with important matters.”

Jesus said it long before Einstein: “Whoever is faithful in a very little is faithful also in much; and whoever is dishonest in a very little is dishonest also in much” (Luke 16:10 NRSV).

We have a right to demand that our leaders tell the truth! Lying for political gain is dangerously corrosive to more than politics. It threatens the survival of civil society and diminishes our basic humanity.

Restoring truthfulness and integrity to our life together begins within our own hearts and relationships.

My prayer today is that God will deliver me from my own temptation to put personal gain above honesty and free me from complicity with the normalization of dishonesty.

 

 

Open Letter to My Congressmen

To: Senators Lindsey Graham and Tim Scott
Representative Joe Wilson

I received your canned responses to my previous communications of opposition to the tax bills passed by the Senate and House of Representatives. You have made no substantive response to my concerns but, rather, provided an unsupported and deceptive rationale for your support of the bill. I am disappointed in your failure to respond adequately to the concerns, questions, and opposition to the bill by many of your constituents.

The fallacious claims of providing a tax cut for the middle class is intentionally or unintentionally dishonest and misleading. For many of us, both versions before Congress will be a major tax increase as the result of removing important deductions.

One example is the House’s provision for removing the deduction for long-term medical care. My wife of fifty-seven years is in the severe stage of Frontotemperal Dementia and requires full time nursing care. The cost is rapidly diminishing our savings and pension accounts. Removal of the deduction will hasten the depletion or our resources. Additionally, the anticipated cuts to Medicare will add to the financial crisis in our family and millions of others.

Perhaps an analogy is appropriate. The claim that I, and millions who are in similar circumstances, are getting a tax cut is comparable to saying, “We are giving you a steroid injection for your weak arm; but to do so, we are amputating your legs.But don’t you feel good about the steroid injection?” You are crippling me while claiming to strengthen me. Such action is deceptive at best and outright cruel at worst.

There is insufficient data to support your contention that the tax cut for corporations will result in increased wages and job growth; and there are no provisions in the current bills to hold corporations and businesses accountable to use the tax windfall to increase wages and expand employment. Data exist to indicate that the proceeds from the cuts will more likely go to share holders (the already more affluent) and corporate executives. This is redistribution of wealth, taking from the under-privileged and transferring it to the already privileged, a reverse “Robin Hood” approach.

I can give additional reasons for opposing both versions of the bill; but it is obvious that your positions are shaped by the failed ideology of “trickle down” economics and narrow partisan politics.  You seem to be more interested in a quick partisan “political win” than listening to the concerns of your constituents.

I assume you are honorable men and I appreciate your willingness to serve in Congress. However, when it comes to tax policy and approach to economic policy, I feel that your positions fall short of the vision of justice of our Jewish-Christian heritage. The proposed tax legislation demonstrably favors the most economically and politically powerful at the expense of the most vulnerable in our society.

Justice as defined in the traditions of the major religions disproportionately favors the weakest and most vulnerable and enables them to have access to that which is necessary to thrive as children of God. The current tax bills clearly fail the test of our sacred scriptures. Additionally, they fail the test of long-term sound economic policy.

I am readily available to discuss any of this issues with you and/or your staff.

Sincerely,

Bishop (Retired) Kenneth L. Carder
Williams Distinguished Professor Emeritus
Duke University Divinity School and
Senior Visiting Professor of Methodist Studies
Lutheran Theological Southern Seminary
Columbia, SC

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