
I wrote the first version of this essay about a month after the 2024 U.S. presidential election and updated it shortly after the 2025 presidential inauguration. It just took me forever to post it!
Order and Law
- W. Yusef Doucet
Months have now passed since the U.S. voting public re-elected Donald Trump to the presidency of the United States by a slim margin, a plurality, not a majority. I am not a member of the Democratic Party nor the Republican Party. I do not vote for Democrats nor Republicans. Nonetheless, I preferred Harris had won the contest between these contending factions of the ruling interests, not because I expected a progressive vision or action from a Harris-Waltz administration, but as a defense against an empowered and further emboldened Trump and the anti-democratic forces with him and behind him, and for whom he serves as an embodiment and instrument. Many point out that a Harris victory would maintain the inertia of Democratic party intransigence on the most socially progressive policies popular with the Democratic party base, and I find that conclusion more than reasonable. At the same time, we do not approve of greater repression and worsening material conditions, nor do we celebrate the shrinking of the political space for resistance. People will be driven to action by the intensified repression that has now launched in 2025. We may be driven to action, any number of actions. As always, organized, politically educated action will make the difference. That would have remained the case under Harris, with the regular amount of repression.
As Trump blaringly announces the regression we can expect in his second term, one of his promises continually pushes to the front of my thoughts. He promised to pardon all of the January 6 insurrectionists who had been convicted. That also meant that any active cases would be thrown out of court or the investigations ended. He did it. The convicted felon, 34 counts, will move back into the White House instead of serving time in a luxury prison or under house arrest at Mar-a-Lago. The self-declared party of law and order, a claim central to Republican policy and campaigns since the 1968 Nixon presidential campaign, and the Republican candidate who on brand campaigned stoking fears of out-of-control crime in the street and a lack of respect for police forces throughout the country poise themselves to sanction multiple crimes committed in open: threats of violence, political violence, destruction of public property, assault and battery on police officers, all committed on live television and live streamed around the world for hours. These are the same members of the U.S. Congress and the same president who will see Mumia Abu Jamal, Movement for Black Lives activists, so many more African and indigenous and Puerto Rican and Hawaiian and white working class activists, organizers, and revolutionaries remain in prison for the crime of daring to free others and themselves.
As 2024 lurched to its close in the wake of the presidential election, the Daniel Penny verdict came down in a New York courtroom. A New York jury found Daniel Penny not guilty of murder, the murder of a Black man, an unhoused Black man, a Black man suffering a mental health crisis. Another jury in the United States acquitted a white man taking justice into his own hands by claiming the power monopolized by the state, the right to end a life. Being an annoyance is not a capital crime; threatening people on the subway is not a capital crime; being unhoused is not a capital crime; suffering mental illness is not a capital crime. Nonetheless, Daniel Penny summarily executed Jordan Neely really for those conditions. And when I heard the news of his acquittal, I felt a little more of myself die.
I felt a little more of myself die. I felt it in my gut, in a center-most place within my stomach. It felt like a quick stab from a long needle or ice pick. Here was one more reminder of how cheaply so many people hold Black life to be, how deeply ingrained fear of Black criminality resides in the thinking of U.S. juries such that they will see the Black victim as more culpable than the white perpetrator. Here was one more instance when the legal process justified the pre-judicial execution of a Black man. Here again was the system doing the work of grinding Black bodies through the gears of the machinery of oppression, and we who witnessed Jordan Neely’s life murdered and then murdered again by the not-guilty verdict feel the weight of the machine crushing us beneath its mass. Day by day through a myriad of these actions and inactions, the unremarked and the spectacular, the system tears life from our bodies, assaults our psyches, and keeps us in a continual crisis state.
Consequent to the not guilty verdict, Daniel Penny appeared on reactionary media platforms who are promoting his acts as heroic. Then Vice President-Elect Vance invited Penny to sit in Trump’s box with the incoming president-elect, and several proposed members of the new cabinet for the Army-Navy football game. Daniel Penny acted out a fantasy deeply held by many white men in this country, the personal destruction of a Black body. This has always been a mark of heroism in the United States. Historically, the country has embraced killers of black and brown bodies, of African and Indigenous bodies. This case unquestionably echoes the acquittal of Bernard Getz for shooting Black teenagers on the subway in the mid-1980s because he felt threatened by their presence. The jury found his actions reasonable. The jury found George Zimmerman’s actions reasonable. The jury found Kyle Rittenhouse’s actions reasonable, which should have made clear that allies of Black people are subject to be treated like Black people. Daniel Penny was Jordan Neely’s executioner. U.S. social policy condemned him to death.
It never seems to matter that crime statistics have long indicated decreases in crime. Evidence shows that the spike in crime when there has been a spike in these last four years emerged as a result of the COVID-19 pandemic and the economic hardship consequent to the pandemic. Those statistical facts did not sway folks nor swayed an election that reveals an appetite for a return to the tough-on-crime status quo. What can that mean in this country when those whose mission is to administrate an orderly society openly and blatantly flout the laws that they themselves have created, be those laws the international laws and treaties or the local and federal laws broken and flouted by the outgoing presidential administration and incoming presidential administration and their backers?
The rulers have created the (dys)order of this life, and have rendered the law empty, even as they prepare to use the law to unleash the most coercive and repressive sectors of both the state and what generously, if inaccurately, we call civil society. The law is the codified opinions of the ruling class, the class that uses the legal structures to legalize itself. Law holds a privileged position in not only the social order but in the symbolic order. The law sets the limits of acceptable behavior, and even acceptable ideation, until ruling interests cross beyond the limit, and the lawmakers create a new limit. Where is the limit now, following 1500 pardons and commutations for January 6 insurrectionists, a re-election for the confessed sexual abuser and felon inciter-in-chief, and the promise of human rights violation in the wind? We have moved into the open rule of billionaires. The sheets are off, exposing the familiar face of naked terror. The Trump regime makes plainly transparent the gangster character of the U.S. ruling class. They have destroyed the mirage of plausible deniability. The Trump regime aggressively reasserts the old social order of open white supremacy to correspond to the racialized and gendered hierarchies of their imaginations. The United States is an abuser on a global scale, and this once and once again president of the United States probably best embodies U.S. American depravity, brought to us by the ineffectualness and complicity of the political duopoly, and here to punish us all.





