Think Progress

Fox News legal analyst sides with Professor Gates.

On Monday, Fox News Legal Analyst and former New Jersey state Judge Andrew Napolitano told to the conservative network’s audience that police broke the law when they arrested Professor Henry Louis Gates for disorderly conduct. Gates was charged with disorderly conduct during a conflict with police on his own property, but as Napolitano explained, the law only “allows an arrest for being disorderly if you are in public. … So if Professor Gates was arrested because of the words he used to police inside his house, on the front porch or on the front lawn, it was an improper arrest.” Napolitano added that police violated Gates’ Fourth Amendment rights the minute they entered his home without his permission:

The law says, unless [a police officer] witnesses a felony…or unless he has a piece of paper from a judge—a search warrant or an arrest warrant—saying “you can go in that house,” he can’t go in the house. So when Professor Gates said “no you can’t come in,” and the police went in anyway [the police] violated the federal Constitution.

Watch:

Ever since President Obama criticized Gates’ arresting officer — who happens to be white — for mishandling this arrest, the right wing has ramped up its racially charged rhetoric against the President, with Fox’s Glenn Beck claiming that Obama’s statement somehow proves that the President “has a deep-seated hatred for white people.” If Beck actually bothered to watch his own network’s legal analysis, he’d know that this attack doesn’t hold water.



146 Responses to “Fox News legal analyst sides with Professor Gates.”

  1. P.D. says:

    So will Faux continue with their rhetoric that Obama is a racist? of course they will. That is what their audience wants to hear. Logical debate isn’t welcome on Faux. ‘Birthers’ Racists, and Homophobic ,old white dudes are.


  2. raynman says:

    Someone didn’t get their talking points before they went on air, did they?


  3. paleolib says:

    This isn’t really a hard call. Gates probably could have handled things better but on the other hand he had just gotten off a flight from China (jet lag anyone?) and had trouble getting the door to his house open. Not sure what was up with the officer who by all accounts has a stellar reputation. The bottom line is that any homeowner should be terrified at the concept of being arrested for legally occupying their own house. Resisting abuses of government authority is one argument presented by the wingnuts for unrestricted private gun ownership. Does anyone seriously believe that the nutter brigade would take the side of the police in this situation if the homeowner was white and the officer black?


  4. zivnuska1 says:

    Appealing to the constitution? That’s so 90’s.


  5. tom says:

    Shorter Napolitano — “the police acted stupidly (and illegally)”.


  6. Chyron HR says:

    Vaccines are made of dead baby juice and monkey kidneys according to the watchdog report.


  7. ranus69 says:

    Let’s see what ol fat turd Rush has to say now and Beckee boy. I bet Napolitano will never appear on another Fixed News segment?


  8. tom says:

    Appealing to the constitution? That’s so 90’s.

    Whaddaya expect? Napolitano is one of those “activist judges”.

    LOL


  9. paleolib says:

    Hey watchpuppy, Gates was outside because the officer told him to come out. Are you willing to live in a police state? Probably only if the police think exactly like you.


  10. P.D. says:

    watchdog, Gates was apparently on HIS property. That makes all the difference in the world.


  11. LividLib says:

    goddamned librul media!
    faux news has gotten why too politically one sided!


  12. Xisithrus says:

    I find this whole Gates thing blown way out of proportion, to be a ‘look! Over there!’ tactic by the oontroversy crowd.


  13. RealityCheck says:

    This comment has been voted down. Click to read.


  14. hellinabucket says:

    The judge here got it right.


  15. misscoleopteramolly says:

    Thank you, Mr. Napolitano, for drilling past the layers of emotion attached to this incident and presenting it from a legal standpoint. We all seem to forget this took place in Gates’ own home. He wasn’t an intruder, and it wasn’t a public place. And not only do we have a right to keep anybody we want out of our homes (unless there’s a warrant involved), we also have the right to not be arrested for disorderly conduct in our own homes (unless we are exhibiting physical violence, threatening violence, brandishing a weapon, etc. — none of which Gates was doing).

    I’m not saying emotion had a role in the incident. Apparently, it did.

    First, we have Gates, who has probably been a victim of racial profiling in the past, and had seen examples of racial profiling in the Cambridge area. Add to that the probability that he was having a tiring and frustrating day — he had been traveling (rarely fun), had to break into his own home because of a jammed door, was trying to call somebody about the jammed door (and probably put on hold), and then visited by the police because one of his neighbors thought he was an intruder, and the police officer put himself there without permission and refused to leave. This is enough to push anyone into the anger zone.

    Then we have Crowley, who’s following up on a 911 report. He probably didn’t expect to deal with a screaming man who was on his last nerve, and no doubt got a bit hot-headed himself when he was accused of being a racist (or maybe he really WAS a racist, but his record doesn’t suggest a history of this). This probably pushed him into the anger zone as well.

    Cooler heads on both sides would have done better in this scenario. But the burden of control of the situation ultimately falls on the police officer. Crowley is probably a good police officer most of the time, but he didn’t handle this call well.


  16. Zooey says:

    watchdog says:
    July 29th, 2009 at 11:52 am

    That’s Napolitano’s point, doofus. Read what he says.

    Gates was naughty inside his house, and then cop lured him outside by holding on to Gates’ ID. Totally slimy.

    The Cambridge police acted stupidly in this.


  17. LividLib says:

    “So if Professor Gates was arrested because of the words he used to police inside his house, on the front porch or on the front lawn, it was an improper arrest.””


  18. majii says:

    Fuchs Noose’s motto: Money trumps truth.


  19. tom says:

    RealityChump, perhaps you should inform yourself of the facts before you start popping off. Crowley’s own written report states that he told Gates to move outside his own home because “the acoustics in his kitchen were making it hard for me to hear radio communications”.

    The rest of your post doesn’t even merit a response . . . except to note that your use of the word “uppity” totally exposes your own mindset about this incident.


  20. woke says:

    Is your front porch outside your “home” watchdog?

    THINK about it, read the report….read about our Constitutional RIGHTS and realize YOU are WRONG as the officer,…..

    or, is it possible, that you are unable to discern facts and our rights?

    or is it, you just don’t care about facts or rights?


  21. Virtual Pebble says:

    What? A Faux Common ‘Tator got it right? And said so on air? Holy hamburger, bartman, get a photo, document it.

    Oh no, I just called for a Faux boycott. Damn. Ah well, they won’t be straight all that long. They’ll be back to “Loony Tunes with Blech and o’Rilly” pretty quick now…


  22. IndSteveAZ says:

    Just imagine the Fox coverage if Gates was white and Crowley was black:

    - Tea Baggers/GOP/Beck/Palin would be asking “White” Gates to be the new “Joe the Plumber”, aka “Chip the teacher” instead of Gates the angry black elitist.
    - Current Fox coverage would be all about Gates constitutional rights treaded upon
    - The Beck/Hannity extremist crowd would be clamoring for Gates family & friends interviews
    - Crowley would be illuminated as angry and rouqe and they would be calling for his firing.
    - Fox would be highlihgting the inconsistant police report vs. 911 caller tape.


  23. misscoleopteramolly says:

    RealityCheck apparently believes it’s OK for people to be arrested and thrown in jail just for being liberal. Maybe there’s a fascist state somewhere he could go live where he might be more comfortable — you know, where they don’t have laws guaranteeing personal freedoms and that sort of thing.

    I wonder if he would have used the “uppity” adjective if Gates had been white?


  24. hellinabucket says:

  25. paleolib says:

    I still think RealityCheck is engaging in satire and will let it pass. watchpuppy on the other hand is a tool and needs to go back in the box with the other monkeywrenches. The question stands: do you want to live in a world in which the police can enter your house without permission or probable cause, order you outside and then arrest you?


  26. deebaser says:

    This isn’t news. Here’s the story: Guy acting like jerk got arrested by guy acting like jerk.


  27. misscoleopteramolly says:

    paleolib says
    July 29th, 2009 at 11:52 am

    Does anyone seriously believe that the nutter brigade would take the side of the police in this situation if the homeowner was white and the officer black?
    ____________________________________________________________

    The calls of “police brutality!” (not to mention demands for the officer’s resignation) would so drown out the birthers…


  28. ralph the wonder llama says:

    It’s only amusing for a little while watching trolls overmatched by reality try to spin things in their favor and failing so spectacularly, then it becomes pathetic.

    Much like watching eight-year-olds trying to play basketball on a regulation 10-foot rim with a regulation 30-inch ball.

    Except the eight -year-olds are bound to sink one by accident at least occasionally.


  29. majii says:

    Zooey,
    You have let pup and unreality live in their own alternate universe. They read in the real world, but comprehend and interpret material in their alternate universe. They are to be pitied. We should pass the hat and send them to the nearest Sylvan Learning Center.


  30. hellinabucket says:

    watchdog, you spoke too soon. I read the report. And I’ve read the information from the 911 caller stating she never told the officer the race of the individuals.

    I won’t defend Gates on the accusations of jumping to the “Black man” references in the police report. If true, he jumped the gun and escalated the situation.

    I do questions why all charges were dropped if, in fact, the arrest was warranted.

    You seem to have a preconceived notion about me that doesn’t fit with evidence.

    The judge got it right.


  31. liz09 says:

    why isn’t there more attention on the fact that crowley wrote in his report “the witness said…” but her attorney says she didn’t speak to the cop. crowley’s police report says there were two black men wearing backpacks. witness’s atty says she never said this. the 911 log also doesn’t mention backpacks or two black men (caller says one man might have been hispanic…she’s not sure)


  32. joe cantwell says:

    * *

    the judge has the trolls

    a bit upset today, hasn’t he?

    :)

    must be an “activist” judge.

    :)


  33. PatrioticLiberalChristian says:

    watchdog would have bit Gates. Or maybe Crowly. Or maybe his own a**. It’s hard to be sure.


  34. arrghpaine says:

    I think it is a sad state of affairs when it is a story that Fox News got it RIGHT. We are impressed that they told the truth and got it right? Of course in fairness Fox News didn’t really get it right, they just aired someone who got it right. It’s still sad.


  35. drago says:

    The police report was inaccurate. Somebody who wrote the report either got it wrong or flat-out lied.

    Case dismissed.


  36. Luis Chapulin M says:

    watchdog says:
    So you are suggesting that police officers cannot be on your property unless they have a warrant?

    Or unless they witness a felony. Other than that, it’s trespassing.

    /Off-topic:
    “happens to be white”? I agree with the late and great George Carlin, “happens to be (insert color or race)” sounds weird and should probably be removed from the english language.


  37. Daniels says:

    Gates should sue the police department to prove a point.

    Arrested in his own home as the pics prove. He was being walked “out” of his house in handcuffs. I use a fixednews link to prove no liberal media bias :)
    http://www.foxnews.com/politics/2009/07/23/police-officer-obama-butt-arrest/

    Notice he is being walked out of his house in handcuffs.

    Disorderly Conduct? The cop would have a hard time proving he was a threat in his own home.

    I doubt it was racism, (although the cop made a youtube video the day after just to say he didn’t vote for Obama).

    It was pure ego, the cops always think they are above you. And they will stick together, black or white.

    After Gates proved he was in his own home, it was time for the cops to leave. But crowley said, “keep the cars coming”. Enough said. Sue the hell out of em Gates.


  38. hellinabucket says:

    watchdog, you jump around more than a flea on a frying pan, but I’ll answer your question.

    Obama’s remarks were not based on zero facts as you assume. He stated the man “Gates” offered proof of residence in his own home. Obama’s “Stupidly” comment was just that, stupid. He shouldn’t have said that. But it is a fact that Gates offered proof of residence. Why do you ignore that?


  39. woke says:

    watchdog says:
    woke says:

    Is your front porch outside your “home” watchdog?

    THINK about it, read the report….read about our Constitutional RIGHTS and realize YOU are WRONG as the officer,…..

    or, is it possible, that you are unable to discern facts and our rights?

    or is it, you just don’t care about facts or rights?

    So you are suggesting that police officers cannot be on your property unless they have a warrant?

    July 29th, 2009 at 12:19 pm

    Unable or unwilling to admit YOU and Crowley were WRONG, eh?

    What is it you are a “watchdog” over son>? Certainly not our CONSTITUTIONAL RIGHTS, eh? LOL

    So, you want to pretend this is about being on the property, when it’s about ENTERING the residence unasked, making a false arrest, and then conflating the truth with lies……???

    Gates was arrested AFTER the officer illegally entered his home, ordered him outside and refused to give his name and badge number……

    Furthermore, though it is your red herring, you do not consider your porch to be a part of your home?

    Keep digging your hole son…..


  40. Daniels says:

    Watchdog:

    It would seem Obama’s comments were correct and based on facts already known. And his press conference shows.

    Gates was in his house and proved it was his house, then he is arrested for disorderly conduct. Which is a false arrest, cause he was in his own home as already proven. Home includes, House, Porch, Yard.

    Not only that, the judge dropped the charges as soon as he saw the situation. Pretty clean cut and dry. He acted stupidly. But like the birthers, nothing will be enough to convince you.


  41. johnny dol1ar says:

    42 and above

    Sore loser

    You can make up all kinds of hallucinations where your supposed “points” are valid, only in your hallucinations.

    FACTS have an uncomfortable way of getting into your hallucinations.

    The cop was wrong. WRONG, YOU DUMBSHIT!
    Pointed out by SEVERAL CAPABLE AUTHORITIES.

    For furk shakes, a former JUDGE, no less, at Fox News is telling you THE COP WAS WRONG YOU DUMBSHIT.

    So wrong, that Mr. Gates could SUE THE DUMBASS COP. And win.


  42. Zooey says:

    watchpoopy needs to learn something about Constitutional rights.


  43. Zooey says:

    johnny dol1ar says:

    …Mr. Gates could SUE THE DUMBASS COP. And win.
    July 29th, 2009 at 12:40 pm

    Exactly.

    Maybe if enough citizens sue police departments for improper/illegal arrests and police brutality, the liability insurance carriers will REQUIRE better training of police officers.

    If they don’t understand that the police are there to “protect and serve” THE PEOPLE, then maybe they’ll understand large monetary judgments.


  44. Luis Chapulin M says:

    watchdog says:
    He acted totally like an adult do you not agree?

    Even if he was acting like a jerk, he was in his own house and he was within his Constitutional rights to act like a jerk. The policeman may not have liked it, but he couldn’t arrest Gates just because he felt insulted.


  45. Gregor Samsa says:

    Let’s see.

    On one side we have a judge who dismissed the charges against Gates, and a legal analyst/former judge who says the police officer acted improperly.

    On the other, we have an anonymous poster on a blog (watchdog) who says the arrest was a-ok, and expects us to take his word for it -without even trying to provide an analysis.

    Who should I believe, I wonder?


  46. Gregor Samsa says:

    watchdog says:
    He acted totally like an adult do you not agree?

    Being a jerk is not illegal… and neither is being a stubborn twit, as you have proven over and over and over…


  47. ralph the wonder llama says:

    Zooey says:
    watchpoopy needs to learn something about Constitutional rights.

    Oh, Zooey… that’s like saying a weed needs to learn something about landscaping.


  48. Luis Chapulin M says:

    watchdog says:
    How does an officer of the law handle a Burglary in progress by not stepping on the personal property? Simple questions.

    Yes, he can step on personal property when he witnesses a burglary in progress. Was a burglary in progress at the time he arrested Gates?


  49. belaccifer lacca says:

    And you are ignoring the off handed childish remarks made by Gates.

    Is being in a bad mood now a crime, watchdog?

    The officer had fairly well established that Gates was the homeowner and that no crime was being committed… his own report reflects that.

    The officer was upset that Gates didn’t respect his authority and so he arrested him… the officer should have walked away. The officer was at work and so a certain level of professionalism is expected… Gates was in his home, the expectations are different. As are the laws… that’s why the charges were dismissed, get it?


  50. PatrioticLiberalChristian says:

    Watchdog, where are you getting this information?:

    And you are ignoring the off handed childish remarks made by Gates.

    Office said he was investigating a burglary in progress and Gates replied “Why, Because I am a black man in America?”

    He keep repeating “You do not know who your messing with.”

    After the Officer aks to speak with him outside Gate replied “ya, I’ll speak with your Mama outside”


  51. belaccifer lacca says:

    How does an officer of the law handle a Burglary in progress by not stepping on the personal property? Simple questions.

    How should an officer of the law’s handle themselves once they have determined that there is no burglary in progress?

    ‘Cause that’s the situation here.


  52. okie dokie says:

    I think the condensed version of watchdog’s point is:

    Obama lacks the ability to make rational judgements because he’s not white enough.

    Isn’t that the point?

    Wasn’t that the same point the C-street gang was making when they were grilling Sonia Sotamayor?

    Just because they’re talking in some backwards spin-speak the message is the same.

    Divisionist, racist invalidation.


  53. Gregor Samsa says:

    PatrioticLiberalChristian says:
    Watchdog, where are you getting this information?

    I believe that is the officer’s version of the events…


  54. woke says:

    Watchdog says:

    And you are ignoring the off handed childish remarks made by Gates.

    Office said he was investigating a burglary in progress and Gates replied “Why, Because I am a black man in America?”

    He keep repeating “You do not know who your messing with.”

    After the Officer aks to speak with him outside Gate replied “ya, I’ll speak with your Mama outside”

    He acted totally like an adult do you not agree?

    July 29th, 2009 at 12:46 pm

    1. Childish remarks, if that is indeed what they were, made to the police inside your home are not illegal.

    2. Perhaps Gates was referring to the officer messing with our CONSTITUTION..Why are you having a problem with Gates standing up for his rights? Apparently, you would not, eh?

    3. Again, insulting officers inside your home is NOT illegal…..READ the constitution, understand your rights and have the intelligence and courage to stand up for them……

    4. He acted like a person offended to be questioned inside of his own home about whether or not he lived there. Since you are most likely not a person of color, you have NO IDEA about…apparently..

    Though you apparently have not bothered to read the arrest report, the constitution, or several authorities’ reports on this, I will give you a link to another article that might well be pertinent to YOU. Though personally, I believe this case is more about our rights than race……

    White Men Can’t Judge

    The most disturbing aspect of the news coverage about Henry Louis Gates’ arrest has been the running commentary by white men about appropriate decorum for black men.

    Many white men still can’t judge these situations fairly because they don’t understand what it means to be black in America.
    Whether you’re a pundit, a professor or the president, if you’re a black man you better know your place.

    in part
    read the rest here:

    http://www.huffingtonpost.com/keith-boykin/white-men-cant-judge_b_244358.html


  55. belaccifer lacca says:

    As long as everything from the street looks good then he should just move on?

    Is that what happened?

    Or did he determine that Gates was the homeowner and then arrest him anyway for ‘childish remarks?’

    The officer’s own report says it’s the latter… and Judge Napolitano says that is in and of itself is illegal.

    Still having trouble with this?


  56. covered_10 says:

    The fox guy has it right. It’s really a pretty easy 4th Amendment case. The 4th protects against unreasonable searches and seizures by the government where the individual has a reasonable expectation of privacy. The top of the food chain is a “man’s home” from which we get ” a man’s home is his castle,” and a subsequent SCOTUS line of decisions based on “the castle doctrine.”

    While the court has cut the cops some slack in automobile searches and even “stop and frisk” cases when the individual is just walking down the street, the home is the most protected. Even Scalia and Thomas would pound the table in agreement. The court has even ruled that a person’s garage is part of the “curtilage,” or protected area so the porch is not even at issue.

    The cop needed a warrant, could have got one with a phone call and didn’t, hence the unlawful arrest. It’s nice to have a Constitutional law professor in the chair.

    OT–good luck on the bar exam today, Luce!


  57. woke says:

    The other thing that bothers me in this case, is how the msm spent two days referring to and playing the 911 tape, attempting to show that the caller did not refer to two “black” men entering the residence, in order to (presumably) show that this was not about race…..

    however, if one reads the actual police report written by Crowley, it plainly states that the caller was standing outside the residence when he arrived and she DID say “two black men”….

    Which is it, was she lying or the officer? And what was the msm point in conflating the 911 call with the officer’s report?

    Hmmm???


  58. PatrioticLiberalChristian says:

    Aw, Gregor Samsa, you spoiled my fun. I was setting watchdog up. Yes, that all comes from the police report which is, by definition, his version of events only. It does not reflect the fact that the woman making the 911 call suggests that the two men might actually live there and that they appeared to have suitcases. It does not reflect Gates perspective. And, even then, it fails to demonstrate that Gates was anything more than an inconvenienced and irritated person at the time.

    watchdog and others also fail to recognize that Obama called the officer’s actions, not the officer himself, “stupid” and not “racist”, “illegal”, “unjust”, etc.


  59. Zooey says:

    ralph the wonder llama says:

    Oh, Zooey… that’s like saying a weed needs to learn something about landscaping.
    July 29th, 2009 at 12:51 pm

    I’m wearing my Captain Obvious hat today. :)


  60. ralph the wonder llama says:

    watchdog says:
    Luis Chapulin M says:
    Yes, he can step on personal property when he witnesses a burglary in progress. Was a burglary in progress at the time he arrested Gates?

    As long as everything from the street looks good then he should just move on?

    If “everything from the street looks good” then it seems that probable cause is absent, so yes, he should just move on.

    Would you have every officer investigate every situation that “looks good from the street” for possible hidden infractions?


  61. PatrioticLiberalChristian says:

    watchdog says:
    As long as everything from the street looks good then he should just move on?

    The black man should get on his knees and beg “master, don’t hurts me”?

    After the homeowner has proven there is no burglary, he should invite the police officer to come in for beer and pretzels?


  62. Trollspotter says:

    watchdog says:

    Watchdog, have you worked things out with the liberals in your family yet?

    If you felt better about that situation, perhaps you wouldn’t feel quite as much need to troll.

    Just a helpful hint.


  63. Zooey says:

    woke says:
    July 29th, 2009 at 1:01 pm

    I’ve read that police report, and it’s very self-serving. The cop says Gates was screaming and ranting, but somehow it was not picked up on the cop’s radio transmissions.

    The 911 caller seemed reluctant to assign race to the men, because she wasn’t sure about one, and didn’t see the other. At this point, I’d take her word over the cop’s.


  64. Gregor Samsa says:

    PatrioticLiberalChristian,

    Oops! Sorry about that…

    What I’ve been able to gather, the woman who made the call didn’t mention race at all.

    From all the stuff I’ve read, it seems Gates acted like a jerk -but that is still not enough to get him arrested. Or it shouldn’t be…


  65. shoeless says:

    covered_10 says:

    ——————————————————————————–

    The fox guy has it right. It’s really a pretty easy 4th Amendment case. The 4th protects against unreasonable searches and seizures by the government where the individual has a reasonable expectation of privacy.

    watchdog says:

    ——————————————————————————–

    The 4th Amendment doesn’t protect ni&&ers.


  66. NinerFan says:

    What morons like “watchdog” don’t seem to understand is that in our system, being impolite or yelling at a policeman is not a crime. As Lawrence O’Donnell has pointed out, the only crime committed here is illegal arrest. To be arrested for Disorderly Conduct, one has to be deemed a threat to his community. Was this 5′4″, 64-year old man with a cane a threat to his community? It would be stupid to think so and the police acted stupidly, as the President said, to arrest him.

    I think this policeman should be very relieved if Gates doesn’t file a civil suit against him and the police department.


  67. ralph the wonder llama says:

    Of course, as belaccifer lacca points out, watchpup’s little straw man has little if anything to do with the situation at issue here.

    The fact that this straw man was so poorly consructed, and so easily dismantled by simply undoing a single button on the flannel shirt was too appealing for me, but ultimately had nothing to do with the topic.


  68. PatrioticLiberalChristian says:

    Gregor Samsa, no problem really. Sometimes I just like to throw out a ball and laugh at watchdog chasing it.

    And you’re right, if acting like a jerk was cause for being arrested I’d put a whole lot of people ahead of Gates in the line.


  69. PatrioticLiberalChristian says:

    rhf, might be WMD – might be a burglary. What’s the difference? watchdog is at least consistent. Legally and morally wrong, but consistent.


  70. TomLei says:

    This whole incident would be much more accurately debated if someone strictly objective had seen it. There were possibly four people there and as a result, four different opinions, even though there might be two groups of two similar opinions each.

    The police went to Professor Gates residence with only the report that a person believed a home was possibly being broken into, the address and their experience. It is their job to investigate such occurrences. It cannot be properly or safely investigated without the police going into the house. As part of that investigation, the police have to determine the identity of the people they find there, their reason for being there and the legitimacy of their being there.

    Professor Gates was not subjected to any unreasonable treatment, questioning techniques nor disrespectful questions for which he would have been correct in resisting or at least protesting. But being asked for ID, even in your own home, when the police are investigating a possible break in is not unreasonable. Professor Gates’ refusing to provide his ID, when asked, was, at best, stupid.

    As far President Obama making a statement about the incident. All the previous Presidents have been white males, granted. Obama is the De facto President of the United States of America, why is he so concerned about a local incident that he makes a comment about it on national television. He has many, much more threatening, to this nation, problems to deal with.

    misscoleopteramolly, I appreciate your contributions, yours are one of the few coherent replies that sticks to the issue. Thank you and I hope you take this as the compliment it is intended to be.


  71. shoeless says:

    TomLei says:

    ——————————————————————————–
    Obama is the De facto President of the United States of America, why is he so concerned about a local incident that he makes a comment about it on national television.

    Once again we see that right-wing Republicans are forced to play dumb in order to justify their positions.

    Let me explain it simply, so you might be able to grasp the situation. This is not an isolated local incident. It is a systemic nationwide problem which has benn occurring since Reconstruction. Get it dumbass?


  72. belaccifer lacca says:

    Professor Gates’ refusing to provide his ID, when asked, was, at best, stupid.

    Well, he did provide ID eventually and it was enough to prove to the officer that Gates was the homeowner… by the officer’s own admission- it’s in his report.

    Gates was upset, that is not illegal. The arrest was stupid and it was wrong. That is illegal, at least according to Judge Napolitano.

    How’s that for on topic?


  73. woke says:

    TomLei says

    It cannot be properly or safely investigated without the police going into the house.

    So, in your view (certainly not the LAW), any officer can come into your home anytime anyone says it was broken into….and that’s that, eh?

    LOL

    So much for our constitutional rights then, eh?


  74. ralph the wonder llama says:

    shoeless says:
    TomLei says:
    Obama is the De facto President of the United States of America, why is he so concerned about a local incident that he makes a comment about it on national television.

    Once again we see that right-wing Republicans are forced to play dumb in order to justify their positions.

    Let me explain it simply, so you might be able to grasp the situation. This is not an isolated local incident. It is a systemic nationwide problem which has benn occurring since Reconstruction. Get it dumbass?

    Beyond that, shoeless, the President was dragged into the controversy when he was asked his reaction in a press conference. He gave a quick answer based on what he knew of the case (Prof. Gates is a friend, after all, and it looks like Obama’s assessment of the police acting ’stupidly” has some real merit) and the “librul media” took the bit in their mouth and ran with it.


  75. Zooey says:

    TomLei says:

    Obama is the De facto President of the United States of America…
    July 29th, 2009 at 1:23 pm

    De facto president? Tell us more about your opinion on this, please.


  76. ralph the wonder llama says:

    TomLei says:
    Obama is the De facto President of the United States of America

    Uh, he’s more than simply the “de facto” President, TomLei; Barack Hussein Obama is the duly elected and constitutional President of the United States of America.

    Your churlish birtherism does nothing to enhance the reputation you’ve begun to build around here. In fact, it reinforces it. And given the nature of that reputation, that’s not a good thing.


  77. belaccifer lacca says:

    TomLei says:
    Obama is the De facto President of the United States of America

    Actually, Obama is the President of the United States of America… no de facto about it.

    It is a matter of law, not just of practice.

    This is a matter of law as well, it appears the practice of arresting people who give you a hard time is illegal… whaddya know?


  78. EnnuiDivine says:

    Man, I hate the media for blowing this situation out of proportion. Read the report: Crowley was over-zealous in his handling of the sitaution and under no grounds should a disorderly persons charge have been filed, no arrest should have been made.

    Gates still comes off like a jackass, though.

    And, no. Jackassery to police officers is not an arrestable offence. If everyone who was stopped, harassed, or elsewise verbally abused by a police officer came off like a jackass, the jail population in this country would explode.


  79. belaccifer lacca says:

    ahh, Zooey beat me to the punch… sorry, Zooey!


  80. woke says:

    EnnuiDivine says:
    If everyone who was stopped, harassed, or elsewise verbally abused by a police officer came off like a jackass, the jail population in this country would explode.

    July 29th, 2009 at 1:41 pm

    Uh, oh, don’t look now, but thanks to the so called “war on drugs” the usa now incarcerates MORE people than communist China and it has increased each year since that “war” was begun…..


  81. Stagoculus says:

    Being belligerent with a police officer at any time is stupid and probably will end up with a disorderly conduct charge. This case is a perfect example. This exact same scenario happened to my brother on his front porch in Akron, OH ending the same way(My brother was charged and found guilty of disorderly conduct)Regardless if the cop is right or wrong giving him a hard time will only make matters wrong for you. This cop was simply investigating a forceable entry which was to the benefit of Mr. Gates. Had this been a true breaking and entering I am sure that Mr. gates would have been more than pleased that the police were there to stop the crime. It truly was in his best interest to cooperate.


  82. Zooey says:

    belaccifer lacca says:

    ahh, Zooey beat me to the punch… sorry, Zooey!
    July 29th, 2009 at 1:41 pm

    No worries! It’s such a rare thing… ;)


  83. Zooey says:

    Opps! It’s a rare thing when I beat any of our more astute commenters to the punch.

    *blush*


  84. belaccifer lacca says:

    Had this been a true breaking and entering I am sure that Mr. gates would have been more than pleased that the police were there to stop the crime. It truly was in his best interest to cooperate.

    Well it wasn’t. And the officer determined pretty quickly that it wasn’t a true B and E… why the arrest?

    Just because lots of cops will arrest you for giving them a hard time doesn’t make it right, or legal.

    That’s the issue… it was a nuisance arrest that was made to prove a point. It’s time for cops to get over that. It’s in there best interest to be on the right side of the law.


  85. Zooey says:

    Stagoculus says:
    July 29th, 2009 at 1:46 pm

    Sorry, I just don’t roll over like that.

    Gates was inside his own home, and it’s not illegal to act like a jerk.

    The cop lured Gates onto the porch by keeping his ID, in order to justify arresting him for being a jerk INSIDE his house.

    The cop found himself on a power trip, and he opened the Cambridge PD to a huge liability.


  86. ralph the wonder llama says:

    Stagoculus says:
    This cop was simply investigating a forceable entry which was to the benefit of Mr. Gates.

    And the officer confirmed that there was no forcible entry, and that Prof. Gates was the resident of the house. At that point the investigation should have been closed.

    Had this been a true breaking and entering I am sure that Mr. gates would have been more than pleased that the police were there to stop the crime.

    Perhaps you are correct. We can trade hypotheticals all day.

    The fact remains that there was no B&E. Once that had been established, the officer’s duty was done.

    It truly was in his best interest to cooperate.

    Again, you are probably correct. That having been said, however, it still was not an arrestable offense for the professor to berate the officer in his own home.

    And it can be just as truly said that it was also in the officer’s best interest to cooperate — which might entail a brief apology and quick exit.


  87. woke says:

    It’s truly incredible to me how many Americans are willing to give up their constitutional rights and defend the police in this situation…..it reminds me of:

    “I will love the police as they kick the shit out of me on the street”
    Frank Zappa from “Who Needs the Peace Corps”

    Only, Frank was talking about hippies who claimed to love everyone, not right wingers who pretend to be patriots and defend the US Constitution, eh?


  88. blackwidow says:

    It is nice to see some rational discussion of what really has been buggin me about this whole incident.
    I had been wondering where my right to free speech ends in relation to my home and can a officer just bardge in without a warrant?

    Had I been Gates, I would have reacted the same way…and I’m just a fat old white gal.
    Except I would be pissed that while on a trip (I hate to fly so I would already be annoyed) someone tried to break into my home.
    That means I had to break into my backdoor because I don’t have a key to my back door.
    That means that I have to walk around the back on my bad leg that is killing me because I have been on planes for the last 10ish hours or so.
    Then a policeman comes to the door inferring I might be a criminal instead of the homeowner and knowing my right I deny him entry.
    He walks in anyway and now I am very, very pissed and I am using lots of words that would shock folks in good company.
    I give him my ID continue to tell him what a piece of shite he is then ask for his badge/name which he refuses to do.
    Now I would be spitting mad. On top of that he goes out the door with MY FREAKING ID.
    I guess I would be lucky not to be tasered like that old gal in TX.
    Ummmm, I guess my point is I still don’t understand people who say “If only prof Gates had just been niiiicccceeeee, none of this would have happened” since I know that knowing me, I would have acted just like Gates….except I would have inferred that the officer was acting the way he acted because I am old and fat and not a young, pretty thing with big boobs.
    And guess what?
    I would have been within my rights to do so.


  89. gummble-bee-itch says:

    Juan Williams was on Morning Edition and asked why so much attention was given to this case. He launched into some profound-sounding blather about whether or not this was a “teaching situation” or blah blah blah. The real answer, which is so frickin’ obvious as to be stupid: it’s an opportunity to embarrass the Black president. It matters not that the police officer and the Cambridge police are fine with the president, nor that Gates is. It’s just an opportunity for the “liberal media” and the right wing nuts to make Obama look bad.

    Period.


  90. Levi the Dungbeetle says:

    The police in America don’t give a darn about the law. If they did, they would long ago have arrested Bush and Cheney for torturing American prisoners.

    Our police are trained how to get around the laws that are supposed to protect the people from abuse. We have descended into a police state, much like Nazi Germany. We are a nation without the rule of law.


  91. Stagoculus says:

    I am not defending the police. We do know from experience that they will abuse their authority. I truly believe that this cop was on a power trip but that does not make Mr. Gates’ comments any smarter or dumber. Given the circumstance we should not be surprised by the outcome. Perhaps this was the intended outcome and Mr Gates had planned on this in order to bring it into the public forum. If not then everything he did was stupid and he should have cooperated from the beginning and been polite. The outcome would have been much different. But copping an attitude from the start was stupid and I feel no sympathy for the man. Act in an appropriate manner ands all would have went well.


  92. belaccifer lacca says:

    We do know from experience that they will abuse their authority.

    This is illegal.

    [Gates']copping an attitude from the start

    This is not.

    See the difference?


  93. Zooey says:

    Stagoculus says:
    July 29th, 2009 at 2:06 pm

    That’s the problem, Stagoculus. We should never stop being “surprised” at the outcome when police abuse their power.

    Again, no one is saying Gates was being a jerk, but being a jerk inside one’s own home is not against the law. It was the cop’s duty — once he found out Gates was in his own home — to act in an appropriate manner and leave.


  94. Stagoculus says:

    Using profanity and being belligerent toward an officer is illegal in the State of Ohio.


  95. Zooey says:

    blackwidow says:
    July 29th, 2009 at 1:59 pm

    I like the way you think, girl!


  96. Zooey says:

    Stagoculus says:

    Using profanity and being belligerent toward an officer is illegal in the State of Ohio.
    July 29th, 2009 at 2:13 pm

    The Gates matter didn’t happen in Ohio.

    Is it illegal inside one’s own home?


  97. belaccifer lacca says:

    Using profanity and being belligerent toward an officer is illegal in the State of Ohio.

    Hmm, perhaps Ohio has different laws then Boston… that wouldn’t surprise me. What does Ohio have to do with Boston, I wonder?

    Because that explains why your brother was convicted and all charges against Mr. Gates were dropped but it doesn’t explain why Mr. Gates was arrested in the first place. Did he accidently slip into Ohio when he ventured onto his lawn?


  98. IgnoranceIsNotBliss says:

    TomLei says:
    Obama is the De facto President of the United States of America

    Um, no, he’s not. The IRS considers me the “de facto” CFO of the company I work for because I am the only one who does the accounting for the company.

    President Obama was elected by the people to be the president. There’s no “de facto” to his position.


  99. Stagoculus says:

    It is a fairly new law and to my knowledge it has never been tested. Being law does not mean that it is constitutionally legal either. I would assume that regardless if you are in your own home or not you could be charged with it. Again I think what the cop did was wrong but how it came to this point was Mr. Gates doing. If he had been cooperative from the start then we would not be discussing this at all.


  100. belaccifer lacca says:

    If he had been cooperative from the start then we would not be discussing this at all.

    If the officer had not arrested him we would not be discussing this at all either.

    Which is illegal?

    Not being cooperative or arresting someone for not being cooperative?

    Judge Napolitano says its the latter… and he’s no squishy liberal. That’s the issue.


  101. EnnuiDivine says:

    woke says:

    ——————————————————————————–

    EnnuiDivine says:
    If everyone who was stopped, harassed, or elsewise verbally abused by a police officer came off like a jackass, the jail population in this country would explode.

    July 29th, 2009 at 1:41 pm

    Uh, oh, don’t look now, but thanks to the so called “war on drugs” the usa now incarcerates MORE people than communist China and it has increased each year since that “war” was begun…..

    Dude. Don’t get me started on the “War” on “Drugs”.

    Now, imagine if the police could arrest every jackass who they THOUGHT was on drugs. All the re-education camps in China couldn’t hold ‘em

    :-D


  102. Stagoculus says:

    treating police with respect has always worked fine for me. If you want to push this issue then feel free I am sure a few disorderly conduct charges are in your future if you do and a few nights in jail also. charges may be dropped but he still was arrested. This all could have been avoided if he would have been respectful in the first place. I know that 2 wrongs do not make a right but i would rather not be responsible for the first wrong therefore knowing i will not be subjugated to the 2nd wrong.


  103. darnay says:

    The TRUTH is always the BEST……


  104. chiroptera toasterhead says:

    TomLei says:

    As far President Obama making a statement about the incident. All the previous Presidents have been white males, granted. Obama is the De facto President of the United States of America, why is he so concerned about a local incident that he makes a comment about it on national television. He has many, much more threatening, to this nation, problems to deal with.

    July 29th, 2009 at 1:23 pm
    _________________

    Sorry, bedwetter, but I’m not you get away with this crap. He made a statement about the incident because he was ASKED about the incident at a press conference. He didn’t bring it up on his own.

    Now, I’ll grant that it was ill-advised for him to actually comment substantively on the issue, given how much he needs to keep the agenda focused on health care and other issues. But the blame for the distraction goes to the low-attention-span media who made it into a distraction.


  105. belaccifer lacca says:

    Stagoculus says:

    Okay… but you’re missing the point. The first wrong was the arrest, not the ‘childish remarks.’

    They may be childish and uncalled for but they were not illegal.

    The arrest was illegal, at least according to one Judge. It was certainly unnecessary as all charges were dropped and Mr. Gates had not committed a crime until the Officer took the issue outside by keeping the ID, at least according to the Officer’s own report.

    Get it?


  106. chiroptera toasterhead says:

    Stagoculus says:

    treating police with respect has always worked fine for me. If you want to push this issue then feel free I am sure a few disorderly conduct charges are in your future if you do and a few nights in jail also. charges may be dropped but he still was arrested. This all could have been avoided if he would have been respectful in the first place.

    July 29th, 2009 at 2:25 pm
    _____________

    Respect is a two-way street. You don’t automatically gain respect just by having a badge and a gun – you have to earn it.

    Law enforcement officers need to treat citizens with respect just as much as they expect to be respected by citizens. It is the police who work for the citizens, not the other way around.

    I’d like to know how Crowley treated Gates when he first arrived on the scene. Did he call him “sir” and treat him as a possible homeowner, or did he right away treat him as a possible suspect. If it’s the latter, I can certainly understand Gates reacting as he did.


  107. woke says:

    EnnuiDivine says:

    Dude. Don’t get me started on the “War” on “Drugs”.

    Now, imagine if the police could arrest every jackass who they THOUGHT was on drugs. All the re-education camps in China couldn’t hold ‘em

    :-D

    July 29th, 2009 at 2:23 pm

    LOL

    Someone posted a poll on facebook that said all welfare/food stamp recipients should be drug tested……

    I replied that it should also be extended to ALL drugs for ALL govt retirees, wage earners or benefit recipients, including ALL who accept stimulus/bailout funds, CEO’s and their companies, included…..

    I got no response…

    Again, it’s amazing to me how willing the “patriotic” folks are to give up what some of us have fought for….(many dying in the process)


  108. NinerFan says:

    Tomlei: “Professor Gates was not subjected to any unreasonable treatment, questioning techniques nor disrespectful questions for which he would have been correct in resisting or at least protesting.”

    That, of course, is not the issue. Gates was arrested for Disorderly Conduct. An officer will arrest someone for this crime if, in his opinion, the subject is a danger to the community. Gates, a 5′4″, 64 year old man standing on his own porch, was not a danger to his own neighborhood. In addition, the officer entered Gates’ residence without a search warrant and, upon finding Gates was the resident, should have apologized and left.

    As Bill Mars has said, this is a cop thing, not a race thing. Police need to get the broomstick out of their posteriors and understand that it’s not a crime to be impolite or even yell at them. It’s not even necessarily a crime to not cooperate with them. They need to understand that they are public servants and they are not supposed to be intimidating people.


  109. okie dokie says:

    I think drug and lie detector tests should be unconstitutional.

    Except for congressmen and senators….

    For them it should be mandatory.


  110. LeslieBurton says:

    I can’t imagine how I would have reacted when trying to get into my front door after my trip home from Australia. I reckon it wouldn’t have been pretty.


  111. jay says:

    Hi guys. I’m back. What’s with this voting thing?????

    Is there another place to discuss it?

    As far as the Gates thing goes, if you don’t know the facts then “No comment, I don’t know the facts” is the appropriate response from anyone in Government.


  112. Game of Life says:

    I haven’t read all the comments as of yet.

    But it was proven that the cop wrote a false report. He stated that the original call to dispatch said the people breaking in were Black or Hispanic when she didn’t. The caller also said she saw luggage and it could be the homeowner. But he said bring the cars (police) cars anyway.

    Also when the pig entered the Professor’s home he saw pictures of him displayed around the livingroom before he asked for his ID.

    The pig is rouge and has problems with educated African-Americans.

    I have stories about rouge pigs that happened to me. Altho the majority of time POs acted respectful and responsible.


  113. belaccifer lacca says:

    jay says:

    As far as the Gates thing goes, now that we know the facts it appears that not arresting Gates on his front lawn is the appropriate response from anyone in Government.

    That’s why Judge Napolitano said it was illegal, see?


  114. jay says:

    belaccifer lacca says:

    jay says:

    As far as the Gates thing goes, now that we know the facts it appears that not arresting Gates on his front lawn is the appropriate response from anyone in Government.

    That’s why Judge Napolitano said it was illegal, see?

    My comment was about responding to a question asked the President in a news conference. He clearly said that he didn’t know the facts at the time. “No comment” should have been his response at the time.

    Everything changes after the fact. If we could only go back in time, the world would be perfect.


  115. jay says:

    Hello there little girl. I see your bigotry hasn’t waned any.


  116. belaccifer lacca says:

    My comment was about responding to a question asked the President in a news conference.

    My comment was about which is the real outrage… the President answering a question in a way you feel was inappropriate? Or an officer of the law arresting a citizen on his front lawn in a manner that has been deemed (at least by the one ‘expert’ we’re discussing here, Judge Napolitano) to be illegal.

    Which one is outrageous again?


  117. jay says:

    belaccifer lacca says:

    My comment was about responding to a question asked the President in a news conference.

    My comment was about which is the real outrage… the President answering a question in a way you feel was inappropriate? Or an officer of the law arresting a citizen on his front lawn in a manner that has been deemed (at least by the one ‘expert’ we’re discussing here, Judge Napolitano) to be illegal.

    Which one is outrageous again?

    One person makes a judgment and so it’s just fine with you. So be it.

    They are all in the Rose garden drinking beer. Didn’t you get an invitation? Damn, neither did I.


  118. belaccifer lacca says:

    One person makes a judgment and so it’s just fine with you. So be it.

    What?!?

    Who was arrested when Obama spoke?

    No one.


  119. belaccifer lacca says:

    If the president did not have a chip on his shoulder about cops in general he would have let this issue pass. The simple fact that he took up for Gate’s when he acted like a spoiled little brat shows his bias towards the subject.
    The president really sets a bad example for even commenting on this subject.

    Gates is his friend… and at first blush it looked like the cops acted ’stupidly’ when they arrested him. On second blush it also looks like a stupid and perhaps illegal thing to do.

    This continues to be a bad example of critical thinking on your part, watchdog.


  120. jay says:

    belaccifer lacca says:

    One person makes a judgment and so it’s just fine with you. So be it.

    What?!?

    Who was arrested when Obama spoke?

    No one.

    I’ll slow down for you so you might have a chance to understand what I said.

    Your post is about Napolitano making a statement on legality. Mine was about the Presidents statement in a news conference where he said he didn’t have the facts but went on to comment on the situation.

    I can clearly see that you are attempting to heal the wounds just like the President is doing by bringing those who were directly involved in the indecent together.

    He’s trying to heal the Nation. You should be doing the same.


  121. belaccifer lacca says:

    He’s trying to heal the Nation. You should be doing the same.

    Great! Let’s get back to health care then?


  122. jay says:

    If 20% of Americans don’t have Healthcare lets give it to them.


  123. belaccifer lacca says:

    jay says:

    If 20% of Americans don’t have Healthcare lets give it to them.

    Let’s just give it to everyone… that way we’re covered. Literally and figuratively.


  124. woke says:

    watchdog

    I believe you are thinking of the last potus….he certainly would have let this issue of the police using UNCONSTITUTIONAL behavior pass….

    Let’s review

    Gates actions……

    1. refusing to come out of the house or show ID initially
    2. badmouthing the officer

    Nothing illegal there, but perhaps #2 was stupid. (Keeping in mind we ONLY have Crowley’s report as to what occurred INSIDE the home between he and Gates)

    Crowley’s behavior

    1. Entering the residence uninvited
    2. Refusing to give his name and badge #
    3. Refusing to allow Gate’s his right to not leave his residence, by keeping his ID card and demanding that Gates come outside to speak with him further/and/or retrieve his card
    4. Arresting Gates for disorderly conduct…

    All illegal actions from an officer who has given training???

    The FACTS are that Obama was CORRECT. Though both people acted “stupidly”, only the officer’s actions rise to the level of ILLEGAL.

    Accept the FACTS and stand up for our CONSTITUTIONAL RIGHTS

    or not…….it’s up to you


  125. jay says:

    belaccifer lacca says:

    jay says:

    If 20% of Americans don’t have Healthcare lets give it to them.

    Let’s just give it to everyone… that way we’re covered. Literally and figuratively.

    If you say so. 80% of Americans are able to pay for their own Healthcare and say they are happy with what they have. My understanding is that the Healthcare bill is being written so the remaining 20% can have Healthcare also.

    If people are willing to pay for their own coverage then why let that drag down those who don’t have the resources to pay for it by increasing the expenditures to give them what they need?


  126. belaccifer lacca says:

    If people are willing to pay for their own coverage then why let that drag down those who don’t have the resources to pay for it by increasing the expenditures to give them what they need?

    We’ve covered how universal health care is more efficient, delivers better general welfare and does it more cheaply time and again, jay.

    If the rest of the industrialized world is able to do this and do it well, why can we?

    Last comment here on health car BTW… if you want to discuss it with me you can comment on any of the many health care related threads today… I’ll respond there.


  127. belaccifer lacca says:

    By obama defending this guy he condones and encourages this type of immature behavior toward law enforcement.

    And you and those like you are encouraging this illegal behavior of law enforcement.

    Which is worse?


  128. jay says:

    belaccifer lacca says:

    If people are willing to pay for their own coverage then why let that drag down those who don’t have the resources to pay for it by increasing the expenditures to give them what they need?

    We’ve covered how universal health care is more efficient, delivers better general welfare and does it more cheaply time and again, jay.

    If the rest of the industrialized world is able to do this and do it well, why can we?

    Last comment here on health car BTW… if you want to discuss it with me you can comment on any of the many health care related threads today… I’ll respond there.

    Sorry, but I’m here now. If you want to give the uninsured a Government run Healthcare program, fine. I don’t believe that a Nationalized program is capable of being run efficiently by any Government. I’ve seen it in person in two countries in Europe. OBTW, in one of those countries, if your not a citizen then you have to pay for things yourself. You will get medical care though.

    Also in Germany their Healthcare is provided by a national Co-Op, not the Government.

    In England because of the disastrous result of their Healthcare policies, they have reinstated a private option for it’s citizens which was formerly illegal.

    Like I said, give coverage to those who need it and keep the program small to make it more manageable.


  129. gene1138 says:

    It just comes done to a vast majority of Republican’s feel that Constitutions don’t matter. ;)


  130. gene1138 says:

    Ugh. That would be “comes down” is what I meant to say in my prior post.


  131. PatrioticLiberalChristian says:

    watchdog, read this (I helped with my highlights), then try to convince me that handcuffing Gates and taking him away from his home is not a “seizure”.

    FOURTH AMENDMENT
    The right of the people to be secure in their persons,
    houses, papers, and effects, against unreasonable searches and
    seizures, shall not be violated; and no Warrants shall issue but upon probable cause, supported by Oath or affirmation, and
    particularly describing the place to be searched, and the persons or things to be seized.


  132. PatrioticLiberalChristian says:

    And, watchdog, the presumption of innocence remains during an investigation of even a possible break-in or burglary. The 911 caller clearly stated that the two men she saw had what appeared to her to be suitcases and she didn’t know if they lived there or not. The assumption in approaching Gates should have been that he was innocent.


  133. belaccifer lacca says:

    Judge Napalitano disagrees watchdog.

    Which is why he said it was illegal.

    Even if this behavior were completely legal… which is worse?

    Being rude to a police officer or being arrested whenever an officer feels you’ve been rude?

    You didn’t answer the question.


  134. belaccifer lacca says:

    Gates never told the officer he couldn’t come in, according to the police report. And the arrests took place outside the home.

    The arrest should not have taken place. Period.

    Surprising that the officer would say he never heard Gates say he could not enter the home, isn’t it?

    Wait, no it’s not.


  135. woke says:

    Well, watchdog can give up ALL his constitutional rights if he wants……but that still doesn’t mean Gates had to or that I will. I believe I’ll keep mine…..


  136. Daddy-O says:

    The law says, unless [a police officer] witnesses a felony…or unless he has a piece of paper from a judge—a search warrant or an arrest warrant—saying “you can go in that house,” he can’t go in the house.

    This is simply no longer true. The only time a cop can’t enter your house is if you have the door locked. He can WALK RIGHT IN and inspect the place for criminal activity, and legally arrest you if he finds any evidence of a crime.

    Gates didn’t invite Crowley in, but the door was unlocked.

    Boy, will I be glad when this brouhaha finally subsides. My final word: BOTH parties made stupid mistakes, and I refuse to condemn EITHER of them for said mistakes. Anyone who condemns either side looks pretty damn foolish.


  137. fleetw1978 says:

    THerefore what the Cambridge Police DEPARTMENT did could be called “acting stupidly” as Obama stated. But god forbid someone look at the facts before “acting stupidly” as so many talking heads have done. It’s amazing that FOX allowed the judge to be on air with his point of view. Some producer is joining the 10 unemployed after botching that booking. Facts dont play into the Fox programming matrix.


  138. Davis X. Machina says:

    Using profanity and being belligerent toward an officer is illegal in the State of Ohio.

    I would expect the law to fail on its first federal challenge. Ohio isn’t in the Ninth Circuit, but the Circuits do often follow each other’s lead. Duran v. City of Douglas, (1990) 904 F.2d 1372:

    [T]he First Amendment protects a significant amount of verbal criticism and challenge directed at police officers.” Hill, 482 U.S. at 461, 107 S.Ct. at 2509. The freedom of individuals to oppose or challenge police action verbally without thereby risking arrest is one important characteristic by which we distinguish ourselves from a police state. Id. at 462-63, 107 S.Ct. at 2510. Thus, while police, no less than anyone else, may resent having obscene words and gestures directed at them, they may not exercise the awesome power at their disposal to punish individuals for conduct that is not merely lawful, but protected by the First Amendment.

    Inarticulate and crude as Duran’s conduct may have been, it represented an expression of disapproval toward a police officer with whom he had just had a run-in. As such, it fell squarely within the protective umbrella of the First Amendment and any action to punish or deter such speech–such as stopping or hassling the speaker–is categorically prohibited by the Constitution.

    No less well established is the principle that government officials in general, and police officers in particular, may not exercise their authority for personal motives, particularly in response to real or perceived slights to their dignity. Surely anyone who takes an oath of office knows–or should know–that much.


  139. Jord2009 says:

    why isn’t watchdog answering with out of context questions? Doesn’t he love his country?


  140. woke says:

    Daddy-O says: Anyone who condemns either side looks pretty damn foolish.

    Well, I’ll side with the LAW and our CONSTITUTION.

    Crowley broke the law a few times, Gates did not.

    Wonder when the msm will cover that facet of this story?


  141. EugeneDebs says:

    RealityPUNK says:

    You are a liar and an ignorant piece of filth. The police DID ask him to come out but he was still in HIS YARD. Just STFU. None of your ignorant posts will last. They will go to the sewer where they belong and where YOU belong you piece of shite


  142. EugeneDebs says:

    watchdog says:

    You are a Fascist a punk and a moron. Gates is under no obligation to kiss a policemanss A$$ just because YOU love to kiss A$$. I know you would drop to your knees for anyone with any kind of power but Gates isnt a stupid piece of fascist garbage like you.


  143. mercantilist says:

    Did the police make mistakes?- yes. Are the police arrogant?- yes. Do the police love and maximize the authority given to young community college graduates (that they would not get in other occupations)? -yes. But Gates and Obama made it a racial incident. One of the reasons behind Obama’s popularity is his willingness to mask his views on race and his general extreme left wing record (and argue that he is a uniter). But Obama initially came out like the purveyors of guilt and shakedown artists Jessie Jackson and Al Sharpton. He like those two has started down the road to lecture America and heap more guilt. If Obama can keep his arrogance and conceit in check (a big if) he will back off on this and make the white hose meeting be the cop and the black racist professor a feel good session and try to put it behind him. Of course, his attorney general, Jessie Jackson, Al Sharpton, reverend Wright, Michelle and centerist politicians would like him to go further.


  144. woke says:

    Interesting how a black man in his own home, exercising his rights, is automatically considered racist by so many.

    Yet, a white police officer who enters a home uninvited, refuses to give name/badge number and keeps Gates’ ID-baiting him to come out of his home to retrieve it, then illegally arrests him is all good and in no way could his actions possibly be considered to have a racial component.

    I fear our constitutional rights have subsided to the place where they are not understood and no longer exist as written in our constitution in the minds of many Americans.

    For that I’m sad, especially for all those who have fought and died to protect those rights.


  145. the_naked_singularity says:

    I just want to let everyone know that Dr. Gates is the director of the W.E.B. DuBois Institute at Harvard. He is also Alphonse Fletcher University Professor. So this racist thing…well, he’s not the type to cry wolf.


  146. woke says:

    Whalen, who was calling on her cellphone from in front of Gates’ house, stayed on the scene until the police arrived. A report filed by the arresting officer, Sgt. James Crowley, said she told him she had seen “what appeared to be two black males with backpacks” on the porch of the home.

    Police officials stood by the report over the weekend, but Monday, Whalen’s lawyer said she had never mentioned race to Crowley.

    “She didn’t speak to Sergeant Crowley at the scene except to say, ‘I’m the one who called,’ ” said the lawyer, Wendy Murphy. “And he said, ‘Wait right there,’ and walked into the house. She never used the word black and never said the word backpacks to anyone.”

    http://seattletimes.nwsource.com/html/nationworld/2009548540_gates28.html

    According to this account, Whalen NEVER told Crowley the men were black. However, Crowley indeed said she did in his report….

    http://www.scribd.com/doc/17512830/Gates-Police-Report

    To me, this indeed suggests some sort of bias on Crowley’s part….no?



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