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Gates might have raised his voice, he might have yelled, but there was no evidence that he was “belligerent,” in the words of blogger and yoga instructor Robin Wells or “cantankerous,” the word used by sportscaster Stephen A. Smith, who also blamed the incident on Gates. Why would Ms. Wells take the word of Officer Crowley over that of her colleague in the sisterhood, Lucia Whalen? Does Arianna Huffington agree with Ms. Wells?

The fact that black commentators also accepted the officer’s testimony shows the compromises that some blacks have to make in order to keep their jobs in an industry owned by the white right. Oh, sure, the reporters might be liberal, but they don’t run Clear Channel, Fox, CNN, MSNBC and McClatchy.

Before integration, black newspapers were so powerful and independent that J. Edgar Hoover wanted to charge them with sedition according to A Question of Sedition by Patrick Washburn. He was overruled by Franklin Roosevelt’s Attorney General Francis Biddle. Black journalism was weakened when some of the more talented journalists got jobs with mainstream newspapers where they have no power. While Pat Buchanan and Joe Scarborough can go apoplectic any time they feel like it, the few blacks on camera have to keep their cool so as not to appear angry.

Even so, Eugene Washington, who speaks in almost a whisper, just about called Crowley a liar when he said that he didn’t believe that Gates made a slur about the officer’s mother.

Knowing Gates, I don’t either, but then Washington caught himself by adding that he doesn’t know whether a white Harvard professor would have received the same treatment. He called that hypothetical. Hypothetical? Like the theory of gravity? Even tough-lover Bob Herbert, who, like some other token black writers, got angry over the way Gates was treated (Herbert had received a Talented Tenth award from Gates). Herbert blames society’s failings on rap music and says awful things about Michael Jackson, whose contributions to charities were in the millions, but his opinion isn’t shared by the Times’ sales department, which devotes whole sections to Jackson and the rappers in an effort to woo younger readers. He should go to the Times’ advertising department and threaten to quit if they don’t cut it out.

MSNBC’s Jonathan Capehart, a real mousey fellow, said that Gates had grown up in a Jim Crow era and that accounted for his losing his cool, again swallowing Crowley’s account of the encounter. Capehart said that he’s never had an unpleasant experience with the police. He said that Gates’ response was generational, a rumor started by a white New York Times Magazine writer who wrote about a divide between Jesse Jackson’s and Barack Obama’s generation on racial issues, even though Obama has been a victim of racial profiling. The writer knows as much about black history and culture as one of the scrub jays in my backyard. Well, a lot of people from Capehart’s generation have had ugly encounters with the police, some of them lethal.

On the phone the other day, Toni Morrison’s son, Harold, a Princeton architect, who was responding to my CounterPunch piece, told me about his encounter. The police, in the front yard of his home, beat up Adam Kennedy, son of the great playwright, Adrienne Kennedy. His mother and he wrote a play about the beating called Sleep Deprivation Chamber.

I was struck by a cop and called a nigger — in the presence of black cops — after he overheard me telling a friend that he was taking a bribe. He charged me with disorderly conduct and came to my cell that night at the Tombs. Unlike the maniac I’d encountered earlier that day he said in a very calm voice that if I pled guilty, I’d only have to spend the weekend at Rikers Island, a New York prison. I told him no deal, and got a lawyer and wondered how poor and Hispanic and black men without resources respond to such great bargains. The judge dismissed the charges.

Like Sgt. Crowley, the officer lied on his police report and most black men would agree with journalist Jack White that the police lie all the time.

There is no evidence that Gates “over-reacted” in the words of President Obama, and Colin Powell, a man who was part of an administration guilty of perhaps one of the most colossal over-reactions in history. To his credit, Tim Wise, author of White Like Me: Reflections on Race from a Privileged Son, was one of the first commentators to comment on the discrepancies in Crowley’s report.

The dynamic young black intellectual, Joseph Anderson, actually looked up the criteria for disorderly conduct under Massachusetts law. He wrote to me:

… merely verbally disputing, protesting, even being rude to and/or yelling at a cop is NOT “Disorderly Conduct,” and that’s specifically why those charges were later dropped (not merely because of bad PR by the Cambridge Police Department). I’m no supporter of Gates (he used to deny that racial profiling or targeting happened to other blacks), but once Gates provided information (his Harvard ID and his driver’s license) that he indeed lived at that address, the cop should have left!

Moreover, there is no ranting or raving by Gates on the police tape. Not only did Crowley lie, but he flouted the law; yet the majority of whites who were polled, support Crowley over Gates and Obama.

In 1792, Captain Kimber of the slave ship Recovery was charged with murdering two African women after subjecting them to horrendous torture and sexual humiliation. The judge’s charge to the jury led to his acquittal. The account appears in Lose Your Mother: A Journey Along The Atlantic Slave Route by Saidiya Hartman.

[The Judge] advised the jury, when deciding the matter of the captain’s guilt, to take in consideration the particular circumstances of the high seas, where all life is violence. This consideration makes a very great difference between the actions done upon sea and actions upon land… You have to judge ferocious men, who have few but strong ideas, peculiar to their own employment, hardened by danger, fearless by habit. The preservation of ships and lives depends often upon some act of severity, to command instant obedience to discipline and supreme command. These scenes of violence present a picture of human nature not very amiable, but are frequently justifiable, and absolutely requisite; as without which no commerce, no navigation, no defence (sic) of the kingdom can be maintained or exist.