This brings me back to rolling back the promise of [section] 1983. Rolling back the promise of this initial, new Reconstruction Congress right after the Civil War. As the country is coming out of slavery times, there’s clearly this recognition of this idea in section 1983 that state actors themselves are complicit in racial violence, right? It’s not just rogue actors, it’s not just the KKK - you know, this is me talking, not Congress - but there’s this hint or this recognition that it’s the KKK, but the KKK is the police and the KKK is the prosecutor too. And you see the federal government beginning to think through what accountability for constitutional harm might look like.
But, of course, this is America. So all of this gets muddied, all of this gets interpreted through a judiciary that has this sole discretion, that can hide behind the rule of law when interpreting and ultimately policymaking outside of Congress, outside the congressional space.
…
Just like qualified immunity shields cops from liability, because every aspect of policing is fucked up, is racist, is predicated on social control of racial minorities, people who are disabled, people who are not wealthy - I want people to hear that prosecuting is one and the same. If you have been introduced to prison abolition, you may have a vague understanding that prisons are a social tool, where we process and intern and cage society’s undesirable people. Prison is a cage that we convince ourselves is a solution to the societal problems that we are frankly too cowardly and too violent to actually solve. And I want to invite people to think about prosecutors also, to think about them as the engineers of the prison-industrial complex, right in lockstep with the police.
Mass incarceration is fueled not just by police, but by the lawyers who police hand their cases to, the lawyers who stand in court every day and ask judges to cage people, because they don’t have money to pay to get out, to charge people for crimes of poverty and illness, to seek retributive and harsh sentences on people who have done so-called illegal activity, in a system where we have criminalized so much behavior that illegality is a joke. And even when someone has committed some sort of interpersonal harm or interpersonal violence, the role of the prosecutor is to railroad. To increase surveillance, to cage, and to introduce more and more and more state violence into people’s lives and their communities. The prosecutor does not have the tools to achieve justice. It’s not a part of the job, it’s not a part of the institution. It simply is not a tool at their disposal.
The role of the prosecutor is to seek legal punishment, over and over and over and over, in a system where we know that it doesn’t work. It doesn’t work. It doesn’t make us safer, it doesn’t decrease crime, it doesn’t provide justice and accountability, it doesn’t change people’s lives for the better, it creates more and more and more and more suffering.
So, fuck prosecutorial immunity that shields them from liability when they blatantly violate people’s constitutional rights, but fuck this whole system that normalizes that level of violence constantly on a micro and macro level every day for millions of people. And fuck prosecutors too.
Peter: Well said.
Michael: Except the few who listen to the show, them we love.
Rhiannon: [laughs]