How Non-Existent Cancel Culture Works at Princeton and Elsewhere

eisgruber

Last week in Quillette, a Princeton Classics professor, Joshua T. Katz, published an article criticizing a letter signed by some of his institution’s professors “to block the mechanisms that have allowed systemic racism to work, visibly and invisibly, in Princeton’s operations.” The faculty letter insisted that “Anti-Blackness is foundational to America” and that it was “rampant” even at progressive institutions such as the school formerly known as the College of New Jersey. The letter articulated a long list of demands regarding the recruitment and retention of people of color as faculty members and students and even called for the creation of

a committee composed entirely of faculty that would oversee the investigation and discipline of racist behaviors, incidents, research, and publication on the part of faculty, following a protocol for grievance and appeal to be spelled out in Rules and Procedures of the Faculty. Guidelines on what counts as racist behavior, incidents, research, and publication will be authored by a faculty committee for incorporation into the same set of rules and procedures.

In the Quillette article, Katz agreed with some of the letter’s action items but said that the above “scares me more than anything else: For colleagues to police one another’s research and publications in this way would be outrageous.” On its face, the call to investigate and discipline research and publications of other faculty is a complete refutation of academic freedom.

But of course, “cancel culture” doesn’t exist, right? So there’s no problem here, only the disenfranchised faculty of an Ivy League institution finally getting to join a conversation from which they’d been excluded. As Nesrine Malik puts it in The Guardian, “what is really unfolding here is a cohort of established influencers grappling with the fact they are losing control over how their work is received.”

Such a formulation doesn’t seem to be capture what’s going on in the case of Katz. In his Quillette article critiquing his colleagues’ call for the right to “oversee the investigation and discipline of racist behaviors, incidents, research, and publication on the part of faculty,” he also characterized the Black Justice League, a student group active on campus from 2014 to 2016, as a “local terrorist organization that made life miserable for the many (including the many black students) who did not agree with its members’ demands.”

That phrasing drew the ire of Princeton’s president, Christopher Eisgruber, who said

“While free speech permits students and faculty to make arguments that are bold, provocative, or even offensive, we all have an obligation to exercise that right responsibly,” Eisgruber said in a statement to The Daily Princetonian. “Joshua Katz has failed to do so, and I object personally and strongly to his false description of a Princeton student group as a ‘local terrorist organization.'”

The student newspaper also noted that a university spokesperson said the administration “will be looking into the matter further.” What does that mean, exactly? Will Katz be docked pay, demoted, or denied course release or a sabbatical? He almost certainly couldn’t be fired, but if this had happened after his colleagues had created their anti-racism committee, who knows? Because the faculty letter was published on July 4, Katz had ironically titled his critique “A Declaration of Independence by a Princeton Professor.” Maybe that headline will be more literal than he’d ever conceived.

As Matt Welch writes elsewhere at Reason today about the resignations of Bari Weiss from The New York Times’ opinion page and Andrew Sullivan from his column at New York magazine, free speech and open inquiry are not threatened only by state censorship or draconian corporate policy. Weiss and Sullivan are in many ways professional controversialists, but the places that hired them have made it clear that the range of acceptable opinion they will tolerate is getting smaller and smaller. Indeed, the Times‘ fired its op-ed page editor after he published an article by ultra-conservative Sen. Tom Cotton (R–Ark.). Both The Times op-ed page and New York aren’t explicitly ideological outlets along the lines of a Reason or a Jacobin or a National Review. If they are chasing away people such as Weiss, a pro-choice #NeverTrumper, and Sullivan, the former editor in chief of The New Republic and an influential advocate for marriage equality, something like “cancel culture” is absolutely real. It needn’t be as stark or powerful as a government office of censorship to radically constrict and constrain free expression. It can even coexist comfortably with an ever-increasing range of platforms from which we can all shout whatever we want to shout. In a world where a young policy analyst was fired after tweeting about peer-reviewed research on the impact of violent protests on the 1968 election, do we really want to pretend a convulsion of censorial behavior is not happening?

In a fascinating essay about his failed attempts to make a documentary about tennis legend Martina Navratilova, Glenn Greenwald writes that cancel culture is “a term I dislike due to its lack of definitional precision and inaccurate connotations that it is something novel—it is not—but it is also unavoidable when referencing ongoing debates about ‘free discourse.'” As Nesrine Malik writes, “the people who are waiting to pile on you, dox you (spread private information about you online with malicious intent) and get you fired” have made her “a more cautious writer” who “take[s] fewer risks.”

Having your university president call you out publicly for failing to exercise free speech “responsibly” is not the same as getting fired or thrown in jail, but it’s also not going to make scholars at Princeton or anywhere else more likely to push the envelope, is it? Libertarians are right to insist on strict definitions of censorship as something that only governments can do, but we should also always and everywhere push back against people and forces that would restrict and shrink the range of public opinion to the equivalent of a comically undersized “free-speech zone” on a college campus. Free speech, as popularly understood, is something that only was achieved in the late 1950s and early 1960s. We turn away from attacks on freewheeling expression at great risk, even in an age of unparalleled options for speaking our minds.

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NYT ‘Chief Threat To Democracy’: Eric Weinstein Takes Flamethrower To Paper Of Record After Bari Weiss Quits

NYT ‘Chief Threat To Democracy’: Eric Weinstein Takes Flamethrower To Paper Of Record After Bari Weiss Quits

Tyler Durden

Tue, 07/14/2020 – 17:30

Eric Weinstein, managing director of Thiel Capital and hsot of The Portal podcast, has gone scorched earth on the New York Times following the Tuesday resignation of journalist Bari Weiss.

Illustration via DanielMiessler.com

Weinstein describes how The Times has morphed into an activist rag – refusing to cover “news” unpaletable to their narrative, while ignoring key questions such as whether Jeffrey Epstein’s sex-trafficking ring was “intelligence related.”

Jump into Weinstein’s Twitter thread by clicking on the below tweet, or scroll down for your convenience.

* * *

(continued)

At that moment Bari Weiss became all that was left of the “Paper of Record.” Why? Because the existence of Black Racists with the power to hunt professors with Baseball Bats and even redefine the word ‘racism’ to make their story impossible to cover ran totally counter-narrative.

At some point after 2011, the NYT gradually stopped covering the News and became the News instead. And Bari has been fighting internally from the opinion section to re-establish Journalism inside tbe the NYT. A total reversal of the Chinese Wall that separates news from opinion.

This is the paper in 2016 that couldnt be interested in the story that millions of Americans were likely lying to pollsters about Donald Trump.

The paper refusing to ask the CIA/FBI if Epstein was Intelligence related.

The paper that can’t report that it seeks race rioting:

I have had the honor of trying to support both @bariweiss at the New York Times and @BretWeinstein in their battles simply to stand alone against the internal mob mentality. It is THE story all over the country. Our courageous individuals are being hunted at work for dissenting.

Before Bari resigned, I did a podcast with her. It was chilling. I‘d make an innocuous statement of simple fact and ask her about it. She‘d reply “That is obviously true but I’m sorry we can’t say that here. It will get me strung up.” That‘s when I stopped telling her to hang on.

So what just happened? Let me put it bluntly: What was left of the New York Times just resigned from the New York Times. The Times canceled itself. As a separate Hong Kong exists in name only, the New New York Times and affiliated “news” is now the chief threat to our democracy.

This is the moment when the passengers who have been becoming increasingly alarmed, start to entertain a new idea: what if the people now in the cockpit are not airline pilots? Well the Twitter Activists at the @nytimes and elsewhere are not journalists.

What if those calling for empathy have a specific deadness of empathy?

Those calling for justice *are* the unjust?

Those calling “Privilege” are the privileged?

Those calling for equality seek to oppress us?

Those anti-racists are open racists?

The progressives seek regress?

The journalists are covering up the news?

Try the following exercise: put a minus sign in front of nearly every banner claim made by “the progressives”.

Q: Doesn’t that make more sense?

Those aren’t the pilots you imagine. And we are far closer to revolution than you think.

Bari and I agree on a lot but also disagree fiercely. And so I have learned that she is tougher than tough. But these university and journalistic workplaces are now unworkable. They are the antithesis off what they were built to stand for. It is astounding how long she held out.

Read her letter. I have asked her to do a make-up podcast & she has agreed. Stay tuned If you don’t want to be surprised again by what‘s coming understand this: just as there has been no functioning president, there‘s now no journalism. We‘re moving towards a 🌎 of pure activism.

Prepare to lose your ability to call the police & for more autonomous zones where kids die so that Govenors & Mayors can LARP as Kayfabe revolutionaries. Disagree with Ms Weiss all you want as she isn’t perfect. But Bari is a true patriot who tried to stand alone. Glad she’s out.

We are not finished by a long shot. What the Intellectual Dark Web tried to do MUST now be given an institutional home.

Podcast with Bari on The Portal to come as soon as she is ready.

Stay tuned. And thanks for reading this. It is of the utmost importance.

Thank you all. 🙏

P.S. Please retweet the lead tweet from this thread if you understand where we are. Appreciated.

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Supreme Court Justice Ginsburg Hospitalized With Possible Infection

Supreme Court Justice Ginsburg Hospitalized With Possible Infection

Tyler Durden

Tue, 07/14/2020 – 17:29

No details yet but the wires are reporting that Supreme Court Justice Ruth Bader Ginsburg was admitted to the hospital on Tuesday morning for treatment of a possible infection, according to a statement.

She is resting comfortably and will stay there for a few days for antibiotic treatment.

Developing…

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When Will Sen. Ron Johnson’s Promised Biden-Burisma Investigation Report Be Released?

When Will Sen. Ron Johnson’s Promised Biden-Burisma Investigation Report Be Released?

Tyler Durden

Tue, 07/14/2020 – 17:10

Authored by Ben Wilson via SaraACarter.com,

It was March 3 when Senator Ron Johnson (R-WI) appeared on Martha MacCallum’s Fox News show to discuss his committee’s investigation of Joe Biden and his son Hunter’s involvement with a Ukrainian natural gas company, Burisma Holdings Limited.

Questions surrounding the former Vice President’s middle child have swirled since Biden’s presidential campaign announcement on April 29 of last year.

Hunter Biden was a paid board member of Burisma Holdings Limited. His firm Rosemont Seneca was paid over $80 thousand a month during that time, despite the fact that Hunter Biden had no experience in natural gas, nor could he speak the language. He did, however, have the Vice President as his father.

At the same time, Joe Biden was tasked with heading the Obama administration’s Ukrainian policies. His crowning achievement was forcing the country to fire one of its top prosecutors: Viktor Shokin — who was investigating Burisma Holdings when he was fired.

Johnson told the Fox News audience, “if there’s wrongdoing, the American people need to understand that.” The sentiment is surely genuine but how close his committee — the Committee on Homeland Security & Governmental Affairs — is to providing this understanding is unclear. And with the Senate in session for a mere 37 more days before election day, time is running out.

Sen. Johnson did not respond to this reporter’s request for comment.

Eight Republicans and six Democrats compose the committee with Johnson at the helm — this majority grants relative ease in conducting the investigation — with the exception of Sen. Mitt Romney’s (R-UT) inconsistency.

Referring to the investigation and Biden’s corruption on March 4, President Trump said, “That will be a major issue in the campaign, I will bring that up all the time…I don’t see how they can answer those questions…that was purely corrupt.”

The most significant step taken in providing Democratic primary voters and Americans as a whole clarity on the Biden corruption was Johnson’s May 20 party-line vote victory to subpoena Blue Star Strategies — despite months of Sen. Romney flirting with a vote against it.

Blue Star Strategies is a public relations firm that consulted for Burisma. The committee’s probe is looking into allegations that the firm attempted to use Hunter Biden’s board position to influence the State Department.

“The question I would ask is, what is everybody worried about?” Johnson told Politico in late May. “If there’s nothing there, we’ll find out there’s nothing there. But if there’s something there, the American people need to know that.”

More recently, the committee has reached out to and demanded testimony from three former Obama administration officials: former Deputy Secretary of State Antony Blinken, former Special Envoy for International Energy Amos Hochstein, former senior State Department officials Victoria Nuland and Catherine Novelli, and former chief of staff to Secretary of State John Kerry, David Wade, according to Politico.

The committee is currently scheduling the above witness interviews and subpoenaing transcribed interviews and documents pertaining to the Bidens and Ukraine.

These actions are steps in the right direction for producing a report — a large component of which will be a timeline of events depicting Hunter’s actions alongside his Vice President father’s actions.

An indication of a release date, however, has yet to be given for when the conclusions will be made public.

There is no question Democrats are opposed to the investigation — when reached out to for comment, committee-member Tom Carper (D-DE) sent a press release calling for Johnson to address other problems the nation is facing instead of “trying to score political points and help a President in an election year.”

On the other side, Republicans have not been fully supportive, either. Senator Richard Burr (R-NC) told Johnson that the investigation into BIden may aid Russia in causing chaos and uncertainty in American politics.

The lacking support in both parties may be a reason for a potential delay in the investigation — or perhaps Johnson is taking a breather after receiving immense Republican blowback over his co-proposal to replace Columbus Day with Juneteenth as a Federal Holiday — an idea he later retracted.

Whatever the reason, a clear release date has not been made.

A July 2 tweet from Politico reporter Andrew Desiderio is the most recent indication that there isn’t one.

When asked, neither Johnson’s office nor the committee provided further details on the report’s expected release date.

Delays from COVID-19 lockdowns and precautions are unavoidable, but there is no indication if it will actually arrive before voters cast ballots on Nov. 3.

Voters have a right to know the truth about their candidates before they vote. Just like former FBI Director James Comey’s July 5, 2016 press conference on Hillary Clinton’s email scandal — it was held almost exactly four years ago and right before a consequential election. Voters deserve to know.

For the critics of the investigation, let us not forget President Donald Trump’s impeachment was over the same issue: uncovering the truth about the Biden family cashing in with shady oil companies.

A few headlines from mainstream outlets during the impeachment process include: “Trump Impeachment Is Based on Law, Not Politics,” “Stop Saying That Impeachment Is Political,” and “Impeachment is the law. Saying ‘political process’ only helps Trump’s narrative.”

Since the Trump impeachment was about due process and justice under the law, an investigation into seeming corruption done by a former vice president and possible president is exactly the same.

Another issue is the Senate has just 37 scheduled days of work before election day on Nov 3. They have big questions to face like coronavirus relief packages, too.

Time is running out.

Senator Ron Johnson is leading an important investigation and the voters deserve to know the truth before they vote.

With the limited days of Senate work ahead, this report can easily get sidelined until voters find out the truth too late.

A deadline and release date should be promised and committed to immediately.

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Stocks Surge On Moderna Vaccine News Redux

Stocks Surge On Moderna Vaccine News Redux

Tyler Durden

Tue, 07/14/2020 – 17:09

US equity markets are higher after-hours following news that Moderna’s potential COVID-19 vaccine produced immune responses in patients in the early stage trial, according to results published in a peer-reviewed journal for the first time.

The US biotech company’s vaccine candidate produced antibodies in all 45 participants in the first cohort of the phase one trial run by the National Institutes of Health, while the paper said there were no safety problems that could curtail further trials. 

On May 18th we were told the headlines on this trial (on 8 patients)… this is the details of that study on the full 45 patients

METHODS

We conducted a phase 1, dose-escalation, open-label trial including 45 healthy adults, 18 to 55 years of age, who received two vaccinations, 28 days apart, with mRNA-1273 in a dose of 25 μg, 100 μg, or 250 μg. There were 15 participants in each dose group.

CONCLUSIONS

The mRNA-1273 vaccine induced anti–SARS-CoV-2 immune responses in all participants, and no trial-limiting safety concerns were identified. These findings support further development of this vaccine.

As The FT reports, Tal Zaks, chief medical officer at Moderna, said the vaccine candidate — known as mRNA-1273 — elicits a “robust immune response across all dose levels”.

“We look forward to beginning our Phase three study of mRNA-1273 this month to demonstrate our vaccine’s ability to significantly reduce the risk of Covid-19 disease,” he said.

As a reminder, Moderna was the first US company to test its potential vaccine in humans, sending the vials to the NIH just 42 days after it received the genome of Covid-19. It has received $483m in funding from the US Biomedical Advanced Research and Development Agency to speed up the development of the vaccine.

The broad market is spiking on this old news…

It appears the market does not recognize the fact that the closer we get to a vaccine, the closer we get to The Fed pulling back from its unprecedented support.

MRNA is also soaring…

Who leaked this news yesterday?

Which we humbly suggest will be an insider-selling opportunity

Remember what happened last time!

Finally, we give the last word to Dr.Fauci who dropped this little missed tape-bomb after hours – “I hope any COVID-19 vaccine will last a full season.”

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Shocking Photo: Tesla On Autopilot Smashes Into The Back Of Parked Cop Car On Arizona Highway

Shocking Photo: Tesla On Autopilot Smashes Into The Back Of Parked Cop Car On Arizona Highway

Tyler Durden

Tue, 07/14/2020 – 16:56

A Tesla on Autopilot smashed into the back of a patrol vehicle on the side of the road near Benson, Arizona today, according to Arizona’s Department of Public Safety Twitter feed. 

“Today, a Tesla rear-ended a patrol vehicle at the scene of an earlier crash on I-10 EB near Benson. Luckily, our sergeant wasn’t in the vehicle & wasn’t hurt,” the tweet says.

In addition to being on Autopilot, the driver of the vehicle is being investigated for DUI, according to the Arizona DPS.

“We can confirm the driver indicated to troopers the Tesla was on autopilot at the time of the collision. Additionally, the driver, a 23-year-old male from Irvine, CA, is being investigated for DUI. He remains in the hospital with serious but non-life-threatening injuries,” they commented on Twitter.

“The impact caused the patrol vehicle to collide with the back of an ambulance, but fortunately the occupants of the ambulance weren’t injured. The driver of the Tesla had non-life-threatening injuries. Please AZ – #MoveOver! It’s the law & it helps everyone get home safely,” the Arizona DPS wrote.

Fortunately, the police officer involved escaped injury, but this marks the latest in a string of incidents where Tesla vehicles – some of which were on Autopilot – have slammed into the back of inanimate objects on various roadways. 

We can’t help but wonder: where could the driver have gotten the impression that they might be able to possibly go drinking and have their car take over the driving for them? Could it be from the name “Autopilot”? Or the careless throwing around of the term “full self driving”? Perhaps maybe from the idea of Autopilot being safer than human drivers being peddled by the company?

Recall, it was just about a month ago that we reported about a Tesla traveling on a highway in Taiwan, at what appeared to be full speed, before slamming directly into an overturned truck that was laying across the highway. The Tesla appeared to make little or no change in direction before hitting the truck. At one point, smoke can be seen coming out of the back tires of the vehicle, indicating that the Tesla may have tried to brake – but to no avail.

Days before that incident, we reported on a Tesla that was found to have driven off a cliff under “mysterious” circumstances in Santa Clara County, California. 

According to the California Highway Patrol, the Tesla “went over” the cliff, and the driver, 60-year-old Pleasanton resident James Yacorzynski, was found dead at the scene. 

California Highway Patrol officer Ross Lee commented that authorities were unsure how long the Tesla had been sitting at the bottom of the cliff. 

Finally, two weeks ago, we reported that Tesla’s Autopilot was to blame for a similar near-fatal accident that took place last December. A Massachusetts State Police trooper had just pulled over a vehicle on the side of Route 24 in West Bridgewater when the trooper’s vehicle was slammed into by the Tesla. 

The driver who was pulled over, Maria Smith, said: “It just happened so quick. Before I knew it, my car was flying forward. I looked behind me, and my whole back windshield was blown out. There was glass in my hair.”

A man “driving” the Tesla had slammed into the State Police cruiser that, in turn, wound up slamming into the stopped SUV.  Nicholas Ciarlone, the driver is now facing a negligent driving charge, according to NBC 10.

The car was “finally stopped several hundred feet ahead” by another state trooper.

Court documents shows that when a trooper responded to the scene to help, Ciarlone said that he “must not have been paying attention.” Recall, at the time of the accident, we reported that the driver said that he had put the car in Autopilot because he was checking on his dog in the back seat. 

Smith said: “I thought that was terrifying. To think the sensors are not equipped enough to pick up a police car with its sirens and lights on the highway.”

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Watch Live: Trump Details Aggressive New China Policy During Rose Garden Briefing

Watch Live: Trump Details Aggressive New China Policy During Rose Garden Briefing

Tyler Durden

Tue, 07/14/2020 – 16:55

Update (1715ET): As we wait for Trump to take the podium, media reports are claiming that Trump is planning to announce that he’s signing the Hong Kong Autonomy Act, a bipartisan measure to penalize banks that work with Chinese officials found to be interfering in Hong Kong affairs.

It’s essentially sanctions-lite for CCP officials involved with enforcing the new Hong Kong national security law that prompted Sec Pompeo to declare that Hong Kong is no longer sufficiently autonomous.

* * *

One day after the State Department announced that the US would no longer recognize the South China Sea as Chinese territory, President Trump is holding his first press briefing in weeks, purportedly to discuss these latest actions against China.

Though we suspect most of the questions will focus on the administration’s coronavirus response and President Trump’s latest efforts to pressure states to commit to holding in-person classes when the new school year begins, Trump has much to discuss, including Magnitsky Act sanctions on Chinese officials tied to Xinjiang and the administration’s continued pressure campaign against Huawei, which received a boost earlier today when the UK’s decision to exclude Huawei from its 5G network also

The briefing begins at 1700ET, though we suspect Trump will be late. It will take place in the Rose Garden, Trump’s favorite venue, despite the heat in Washington.

 

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WTI Extends Gains After API Reports Biggest Crude Draw Since December

WTI Extends Gains After API Reports Biggest Crude Draw Since December

Tyler Durden

Tue, 07/14/2020 – 16:34

Oil prices rebounded from yesterday’s weakness today as vague signals that OPEC members are likely to comply with production cut promises trumped worries of a second wave of COVID impacting demand detrimantally.

“It’s all about risk appetite and the hope of continued demand growth here,” said Bart Melek, global head of commodity strategy at TD Securities. Iraq and Nigeria pledging to “to live up to their supply cut commitments made investors comfortable to take a long stance on oil.”

After last week’s surprise crude build and Cushing stock rise, all eyes are back on inventories…

API

  • Crude -8.322mm (-2.1mm exp)

  • Cushing +548k

  • Gasoline -3.611mm (-2.0mm exp)

  • Distillates +3.03mm (+1.1mm exp)

API reported the biggest crude draw since Dec 2019 (and a notable Gasoline draw too)…

Source: Bloomberg

“If crude oil storage posts a new all-time record, with a build at Cushing thrown in for good measure, I would tend to think the market would trade lower… possibly sharply lower,” Bob Yawger, director of the futures division at Mizuho Securities USA, said in a note to clients.

WTI pushed back above $40 today…

…hovering around $40.30 ahead of the inventory data, and spiking higher after the print…

“We’ve been in a market that’s been in clear consolidation for quite some time,” said Thomas Finlon of Houston-based GF International. “After a considerable rally or selloff, the interesting thing is the market seems to be drawn back to unchanged on the day pretty quickly.”

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This Florida Inmate Is Serving an Outdated Drug Sentence. Now He Has Coronavirus

reason-prison

Florida inmate William Forrester has served 11 years of a mandatory minimum drug sentence that is no longer on the books, imposed by a judge who thought it was too excessive.

William Forrester

Now he’s one of 67 inmates at Bay Correctional Facility who has tested positive for COVID-19, as of today’s numbers from the Florida Department of Corrections (FDOC).

Forrester, 64, suffers from multiple health issues and had a lung removed due to cancer before his incarceration, putting him at high risk of serious complications from the virus.

“I did try the furlough, but it kept getting rejected,” Forrester writes in an email to Reason. “I hoped it may stop me from contracting COVID-19, but I caught it anyway. I have done 12 long years and now I’m down to 11 months. I had no idea my last year would be so rough. I’ve been pretty sick this past week but I am starting to feel better.”

Forrester’s case is in many ways a microcosm of the problems facing Florida’s prisons. It shows how the drug war created a prison system bloated with elderly inmates serving mandatory minimums; how multiple levels of government failed to substantively address those injustices and declining prison conditions; and how the COVID-19 pandemic has put an exclamation point on all these failures.

“Florida had several options that could have been used to release Mr. Forrester,” says Greg Newburn, director of state policy at the criminal justice advocacy group FAMM. “The Clemency Board could have commuted his sentence, Governor DeSantis could have granted a reprieve, and the Department of Corrections could have furloughed him into the care of a qualified sponsor. Instead, no one did anything, and now Mr. Forrester is sick.”

Reason first profiled Forrester’s case in a 2017 investigation into Florida’s draconian opioid trafficking laws. Legislators passed harsh mandatory minimum sentences for drug trafficking in the late 1990s with the intention of targeting major dealers, but the weight thresholds to trigger the sentences were so low that prosecutors and police predominantly used them to ensnare low-level and first-time drug offenders, who were locked away for years, sometimes decades, for selling a bottle of pills.

Forrester was sentenced in 2009 to a mandatory-minimum 15 years in prison for trafficking oxycodone and obtaining a substance by fraud. In his case, a pharmacist filled a prescription for 120 oxycodone pills. When he came back to fill a second prescription, the pharmacist called the doctor to verify. When the doctor said he did not authorize either prescription, Forrester was arrested for trafficking the meds he had obtained the month before, as well as for forging the current prescription. Despite the trafficking charge, there was no evidence he intended to sell the pills.

At Forrester’s sentencing hearing, the judge had no choice but to sentence him to the mandatory-minimum term. He told Forrester that if drug rehabilitation “was an option, then certainly we would talk about it. But my hands are tied by the law, and I have to sentence you to 15 years, and there’s no ifs, ands, or buts about it. The legislature has said for this particular crime, we prescribe a fixed sentence. It doesn’t give me A, B or C. I’ve only got A.”

“I had no idea such long sentencing laws for not selling pills were even in existence,” Forrester wrote in a 2017 letter to Reason. “I thought ‘drug trafficking’ laws were for people found guilty of huge quantities of drugs such as moving it in boats, planes, trunks of cars, etc.”

The Florida state legislature amended the law in 2014 to raise the thresholds to trigger mandatory trafficking sentences, acknowledging they were far too harsh, but those changes were not retroactive. 

As a result, Forrester and hundreds of other Florida inmates are serving sentences that have since been taken off the books. Had he been sentenced under the 2014 thresholds, Forrester would’ve gotten out last year.

Florida lawmakers have introduced bills over the past several years to try and grant retroactive relief to these inmates, but all have failed.

Forrester also applied to have his sentence commuted through the state’s Executive Clemency Board. His petition had the support of the judge who sentenced him to prison. 

“At the time of sentencing and even today I believe that the sentence was excessive given the crime, his criminal history, and the involvement of addiction in his life,” Florida Senior Circuit Judge Roger McDonald wrote in a 2018 letter to the Executive Clemency Board.

The board denied the petition.

Because he’s nearing the end of his sentence, Forrester would also be eligible for work release, but because one of his lungs was removed, he’s considered disabled and therefore ineligible.

Forrester applied for a furlough—a temporary release into home confinement. FAMM has called on the FDOC to use its little-known statutory power to temporarily grant furlough to vulnerable inmates, but the FDOC disagrees with FAMM’s interpretation of the statute.

The FDOC first told Forrester he had filled out the wrong form. On his second try, he was told medical furloughs were only available to those on work release, which of course he didn’t qualify for because of his medical conditions.

“I want to let you know that we just got locked down in our cells, we are quarantined,” Forrester wrote in a July 4 email to an advocacy group for incarcerated people. “Someone who lives in here is sick. The inevitable has just happened.”

FDC reported the first case of COVID-19 at Bay Correctional Facility on July 8.

Prisoners are 5.5 times more likely to get COVID-19 and three times more likely to die from it, according to a study published this week in JAMA: The Journal of the American Medical Association. States have released more than 33,000 incarcerated people in response to the threat of the virus, according to UCLA’s COVID-19 Behind Bars tracking project. 

However, Florida has only released three inmates under a “conditional medical release” statute, which only allows inmates to be released if they are about to die or become “permanently incapacitated.” Unlike in some other states, FDOC Secretary Mark Inch does not have the discretionary authority to release inmates.

In the meantime, 2,632 inmates and 885 staff members have tested positive for COVID-19, according to the latest numbers from the FDOC, and 29 inmates have died.

“We’re hopeful [Forrester] will recover,” Newburn says, “and we hope Florida’s political leaders will pause, reflect, and reconsider the wisdom of not releasing anyone while COVID wreaks havoc inside our state prison system.”

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This Florida Inmate Is Serving an Outdated Drug Sentence. Now He Has Coronavirus

reason-prison

Florida inmate William Forrester has served 11 years of a mandatory minimum drug sentence that is no longer on the books, imposed by a judge who thought it was too excessive.

William Forrester

Now he’s one of 67 inmates at Bay Correctional Facility who has tested positive for COVID-19, as of today’s numbers from the Florida Department of Corrections (FDOC).

Forrester, 64, suffers from multiple health issues and had a lung removed due to cancer before his incarceration, putting him at high risk of serious complications from the virus.

“I did try the furlough, but it kept getting rejected,” Forrester writes in an email to Reason. “I hoped it may stop me from contracting COVID-19, but I caught it anyway. I have done 12 long years and now I’m down to 11 months. I had no idea my last year would be so rough. I’ve been pretty sick this past week but I am starting to feel better.”

Forrester’s case is in many ways a microcosm of the problems facing Florida’s prisons. It shows how the drug war created a prison system bloated with elderly inmates serving mandatory minimums; how multiple levels of government failed to substantively address those injustices and declining prison conditions; and how the COVID-19 pandemic has put an exclamation point on all these failures.

“Florida had several options that could have been used to release Mr. Forrester,” says Greg Newburn, director of state policy at the criminal justice advocacy group FAMM. “The Clemency Board could have commuted his sentence, Governor DeSantis could have granted a reprieve, and the Department of Corrections could have furloughed him into the care of a qualified sponsor. Instead, no one did anything, and now Mr. Forrester is sick.”

Reason first profiled Forrester’s case in a 2017 investigation into Florida’s draconian opioid trafficking laws. Legislators passed harsh mandatory minimum sentences for drug trafficking in the late 1990s with the intention of targeting major dealers, but the weight thresholds to trigger the sentences were so low that prosecutors and police predominantly used them to ensnare low-level and first-time drug offenders, who were locked away for years, sometimes decades, for selling a bottle of pills.

Forrester was sentenced in 2009 to a mandatory-minimum 15 years in prison for trafficking oxycodone and obtaining a substance by fraud. In his case, a pharmacist filled a prescription for 120 oxycodone pills. When he came back to fill a second prescription, the pharmacist called the doctor to verify. When the doctor said he did not authorize either prescription, Forrester was arrested for trafficking the meds he had obtained the month before, as well as for forging the current prescription. Despite the trafficking charge, there was no evidence he intended to sell the pills.

At Forrester’s sentencing hearing, the judge had no choice but to sentence him to the mandatory-minimum term. He told Forrester that if drug rehabilitation “was an option, then certainly we would talk about it. But my hands are tied by the law, and I have to sentence you to 15 years, and there’s no ifs, ands, or buts about it. The legislature has said for this particular crime, we prescribe a fixed sentence. It doesn’t give me A, B or C. I’ve only got A.”

“I had no idea such long sentencing laws for not selling pills were even in existence,” Forrester wrote in a 2017 letter to Reason. “I thought ‘drug trafficking’ laws were for people found guilty of huge quantities of drugs such as moving it in boats, planes, trunks of cars, etc.”

The Florida state legislature amended the law in 2014 to raise the thresholds to trigger mandatory trafficking sentences, acknowledging they were far too harsh, but those changes were not retroactive. 

As a result, Forrester and hundreds of other Florida inmates are serving sentences that have since been taken off the books. Had he been sentenced under the 2014 thresholds, Forrester would’ve gotten out last year.

Florida lawmakers have introduced bills over the past several years to try and grant retroactive relief to these inmates, but all have failed.

Forrester also applied to have his sentence commuted through the state’s Executive Clemency Board. His petition had the support of the judge who sentenced him to prison. 

“At the time of sentencing and even today I believe that the sentence was excessive given the crime, his criminal history, and the involvement of addiction in his life,” Florida Senior Circuit Judge Roger McDonald wrote in a 2018 letter to the Executive Clemency Board.

The board denied the petition.

Because he’s nearing the end of his sentence, Forrester would also be eligible for work release, but because one of his lungs was removed, he’s considered disabled and therefore ineligible.

Forrester applied for a furlough—a temporary release into home confinement. FAMM has called on the FDOC to use its little-known statutory power to temporarily grant furlough to vulnerable inmates, but the FDOC disagrees with FAMM’s interpretation of the statute.

The FDOC first told Forrester he had filled out the wrong form. On his second try, he was told medical furloughs were only available to those on work release, which of course he didn’t qualify for because of his medical conditions.

“I want to let you know that we just got locked down in our cells, we are quarantined,” Forrester wrote in a July 4 email to an advocacy group for incarcerated people. “Someone who lives in here is sick. The inevitable has just happened.”

FDC reported the first case of COVID-19 at Bay Correctional Facility on July 8.

Prisoners are 5.5 times more likely to get COVID-19 and three times more likely to die from it, according to a study published this week in JAMA: The Journal of the American Medical Association. States have released more than 33,000 incarcerated people in response to the threat of the virus, according to UCLA’s COVID-19 Behind Bars tracking project. 

However, Florida has only released three inmates under a “conditional medical release” statute, which only allows inmates to be released if they are about to die or become “permanently incapacitated.” Unlike in some other states, FDOC Secretary Mark Inch does not have the discretionary authority to release inmates.

In the meantime, 2,632 inmates and 885 staff members have tested positive for COVID-19, according to the latest numbers from the FDOC, and 29 inmates have died.

“We’re hopeful [Forrester] will recover,” Newburn says, “and we hope Florida’s political leaders will pause, reflect, and reconsider the wisdom of not releasing anyone while COVID wreaks havoc inside our state prison system.”

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