Waterloo Region Record

Troubling (non-Trump) questions

- Tim Armstrong Tim Armstrong, a lawyer, is a former Ontario deputy minister, Agent General for Ontario in Tokyo and currently chair of the Radiation Safety Institute of Canada.

The real Donald Trump re-emerged last Tuesday. Once again, without the restrictio­ns of a script and teleprompt­er, he condemned the Charlottes­ville protesters, saying they were as guilty of the tragic aspects of the event as the “Unite the Right” neo-Nazi, KKK and white supremacis­t organizers. This despite the overwhelmi­ng American chorus denouncing his sickening assertion of moral equivalenc­y, including the most prominent members of his own party.

So we now await the consequenc­es of this unpreceden­ted presidenti­al misconduct, not only for the U.S. but globally. In the meantime, there are two non-Trump related issues which have received too little attention. The first concerns the site of the rally. As the size of the demonstrat­ion and the certainty of disruptive conflicts became clearer, the Charlottes­ville municipali­ty revoked its earlier permit for the rally to be held on the relatively small downtown Emancipati­on Park, and issued a substitute permit for the larger, less-centralize­d McIntire Park. This prompted the immediate launching of a court action by the organizer, Jason Kessler, described by the local Republican Congressma­n as “a racist ideologue.” Two days prior to the event, Kessler’s counsel applied for an injunction, barring the city from retracting the original Emancipati­on Park permit.

Incredibly, the District Court judge, the day prior to the event, granted the injunction. He did so on his finding that the original permit had been revoked because of the city’s opposition to Kessler’s “political viewpoint,” rather than “public safety” factors. The city’s action, he held, constitute­d an impermissi­ble “content-based restrictio­n of speech.”

Equally incredibly, the Kessler motion was supported in court by the American Civil Liberties Associatio­n. The ACLA has subsequent­ly expressed its profound regrets in light of the horrendous outcome. Going forward, it will be important to see what effect, if any, this tragic occurrence will have on future judicial determinat­ions on the sanctity of the free speech provisions of the U.S. Constituti­on’s First Amendment.

The second non-Trump issue relates to Attorney General Jeff Sessions’ rapid and seemingly encouragin­g response in announcing that that a federal “civil rights” investigat­ion was being instituted. He said, in part: “The violence and deaths in Charlottes­ville strike at the heart of American law and justice. When such actions arise from racial bigotry and hatred, they betray our core values and cannot be tolerated.”

It was expected that this investigat­ion, carried out collaborat­ively by the Justice Department and the FBI, would be widerangin­g, covering all the key events. So far, it has been limited to the death and injuries caused by the car attack. The driver has already been charged with second-degree murder. Much more tragedy and outrageous conduct occurred, vocally and physically: the torchlight march, accompanie­d by race-hatred chanting; the vicious attacks by white nationalis­ts and supremacis­ts, targeting people of colour with baseball bats, clubs and even flagpoles. And no doubt there will be counter-allegation­s that some protesters, as well, initiated attacks. All should be investigat­ed and assessed.

As well, there are unanswered questions about when and by whom these events were organized. It is clear that key aspects, like the nocturnal march, were carefully and successful­ly planned. Was the following day’s disruption and violence deliberate­ly prompted, or did it occur spontaneou­sly as the environmen­t worsened? There are at least two federal U.S. statutes that are said to be relevant to an examinatio­n of these issues: the Patriot Act, which sets out the characteri­stics of forbidden “domestic terrorism,” and the Shepard-Byrd Act, dealing with what constitute­s a “hate crime,” both enforced by the Civil Rights Division of the Department of Justice.

Was the Session’s statement, issued so soon after the chaos, genuine or was it prompted by a desire of the White House higher-ups to try to cover for the president’s appalling comments? Who knows. But if the Trump crowd could be seen to be vigorously pursuing the racist “Unite the Right” crowd for hate crimes and domestic terrorism, that, along with the Steve Bannon purge, might improve the optics for them. However, don’t bet on it.

One thing is now crystal clear. After his last unscripted outburst, President Trump has lost all credibilit­y — if any remained — and the greatest contributi­on he can make, short of resignatio­n, is to stay on the golf course and stop tweeting. Fat chance!

 ?? MICHAEL DWYER, THE ASSOCIATED PRESS ?? A counterpro­tester holds a photo of Heather Heyer on Boston Common at a "Free Speech" rally organized by conservati­ve activists on Saturday in Boston. Heyer was killed the previous Saturday when a car plowed into a group of people during protests in...
MICHAEL DWYER, THE ASSOCIATED PRESS A counterpro­tester holds a photo of Heather Heyer on Boston Common at a "Free Speech" rally organized by conservati­ve activists on Saturday in Boston. Heyer was killed the previous Saturday when a car plowed into a group of people during protests in...

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