Where Have our Better Angels Gone? Four murders, four Americas

“The mystic chords of memory, stretching from every battlefield and patriot grave to every living heart and hearthstone all over this land, will yet swell the chorus of the Union, when again touched, as surely, they will be, by the better angels of our nature”

Abraham Lincoln, First Inaugural Address

George Floyd, Brian Thompson, Melissa Hortman, and Charlie Kirk were murdered.  Yet, how America responded writ large to these individual murders is a telling insight into today’s divisions in America, of who has political capital, the power to weld it, and importantly, who lacks it.  

Murder is not unusual in America. In 1991, for every 100K Americans there were almost 11 murders.  By 2014 that number dropped to about 5 per 100K.  In 2024 that number was relatively the same after a pandemic spike in 2020 of 7 per 100k.  Most were gun related murders, averaging about 17K to 18K per year.  The leading cause of death of kids under 18 in America is gun violence.  As a nation we offer them prayers, for a select few, we fight over their deaths.

It is not surprising then, that three of the four persons mentioned above were shot to death.  Floyd’s death was unusual, a prolonged public spectacle when a police officer used a knee to compress Floyd’s neck for a prolonged period on a busy street, in broad daylight ,while two other police officers stood by, and witnesses filmed the unfolding murder while pleading to not hurt him.

Today, I am not concerned with their manner of death but with American’s reaction to them.  

In 2020, George Floyd’s murder sparked nationwide protests over policing practices and culture in America and the disproportionate killing of black men by police officers; along with other issues of mass incarceration and disparate treatment by the justice system.  The Black Lives Matter movement emerged from these protests.  Backlash was immediate.  Conservative media outlets pointed to Floyd’s criminal record or his alleged drug use to exculpate the police officer’s actions.  

Despite the backlash, some reforms did occur at local and state levels, but not at the federal level.  Today, physical representations of that protest movement that pushed for nationwide police reform are literally being bulldozed.  In March of this year, the Black Lives Matter Plaza in Washington DC was torn up and paved over after pressure from President Trump.  

In 2024, Brian Thompson, the CEO of the major health insurance company United Healthcare, was gunned down in midtown Manhattan in the early morning hours by a lone gunman.  Unlike most murders, it garnered national attention.  After a five-day manhunt the alleged shooter was arrested.  Again, unlike most murders, the shooter became something of a social media folk hero, a modern-day Clyde of Bonnie and Clyde Fame.  He even was given the nickname ‘the adjuster.’  This reflected deep anger by everyday Americans on both side of the aisle against health insurance corporate bureaucracy and greed.  Not much empathy for Thompson or his family.

In June 2025, Melissa Hortman, Minnesota’s state legislatures House Speaker, and her husband were gunned downed at their home by a lone gunman.  The gunman also shot two others at another home.  The nation was stunned and shocked by these politically motivated killings and shootings.  However, the right-wing and President Trump unfortunately decided to use the killings to score political points.  Attacking Minnesota’s Governor Walz, a political opponent who ran against him on Kamal Harris’s ticket, Trump called him “wacked out Walz” and refused to call him to offer condolences, saying it would be a “waste of time.”  Some on the right said the killer was a ‘Marxist.’ Elon Musk blamed the “far left” for the shooting.

For her and her husband, no reforms, no National Day of Mourning, no flag at half-staff, no White House rage at a political killing.  The other day, when asked about the double standard of ordering the lowering of the flag for Kirk but not Hortman, Trump, whose better angels are dead or deported, responded that he “wasn’t familiar” with the Minnesota shooting.  

On September 10, Charlie Kirk, a right-wing activist and influencer, was shot to death at an event at Utah Vallery University by a lone gunman.  Shock once again swept the country.  National leaders on the left expressed near universal regret and sadness.   The right expressed near universal outrage and anger.  Over the past week, that rage and anger grew, it seemed.  On the right, vengeance was promised and the White House vowed to investigate far left networks or groups for the Kirk killing, without evidence of a conspiracy.  

Deputy Chief of Staff Stephen Miller, who has already called the Democratic Party a terrorist organization, vowed to “identify, disrupt, eliminate and destroy this network.”   The Justice Department said it was going to investigate “hate speech,” although the Attorney General did back track after criticism.  Nonetheless, calls to criminally investigate the Soros organization and the Ford Foundation as terrorist funders were made.  Even labelling some domestic left leaning groups ‘terrorist organizations” was floated, to include by Trump, who said he wouldn’t mind appending the terrorist label to Antifa.  Antifa has no known organization to which to attach it to.  It’s more idea than organization.  

The Pentagon vowed firings and crack downs on posts deemed critical of Kirk or celebratory or his death. The Department of State also vowed a crackdown on visa holders who criticize Kirk or celebrate his death.  I don’t recall similar vows when Representative Hortman and her husband were killed.   

Elon Musk in a video played at a far-right protest in England said, “We either fight back or die.”  And in a post, demanded the arrest of one rapper for criticizing Kirk and accused universities of “programming people to murder.”  Some right-wing social media called for mass arrests and even civil war. 

It’s one thing for social media influencers, cranks and crackpots, and fringe elements to threaten and intimidate and engage in conspiracy theory spin.  It is completely another thing for senior government officials to threaten vengeance and engage in conspiracy theories while calling for the extirpation of left leaning speech and organizations. Is the criminalization of dissent coming in a forthcoming executive order?

In an example of our government’s authoritarian shift,  yesterday ABC cancelled Jimmy Kimmel’s late-night comedy show after threats by the Chair of the Federal Communication Commission to pull licensees after Kimmel made remarks about the Kirk’s killer’s political affiliation.  Meanwhile, Fox News host Brian Kilmeade said on-air last week that mentally ill homeless people should be executed.  His co-hosts offered no rebuttal.  No threats from the FCC to cancel licenses for advocating mass executions. Another example of our authoritarian government’s willingness to control speech of those that do not conform to the governments messaging.  

So, here we are.  Four murders, four different reactions, four different Americas it seems.  I do not want to flatten or simplify the reactions to the murders because there were many individual and collective responses by a broad range of folks, some good, some bad, some ugly.  But as a nation, we have struggled to find common ground or cause over politically motivated killings because we now instinctively split into our respective camps, which increasingly aren’t ideological – like a working-class consciousness — but ones based on race and religion.  80 percent of Trump voters were white.  

It is clear we are now led by a sectarian national government, a government increasingly narrow-minded and protective of ‘tribal’ affiliations.  Kirk was the personification of this sectarianism and white Christian nationalist identity politics for young Americans, young American men in particular. This white Christian nationalism movement dominates our national government.  

Kirk didn’t deserve a violent death for his racist commentary, trans bigotry, or anti-Islam sentiment.  However odious someone’s speech may be, they are engaging in speech protected by the First Amendment.  We must disagree through discourse and words, not violence and bullets.  Unfortunately, our government seems to have abandoned this principle and is playing favorites as to who has the right to speak freely without fear of government discipline and punishment.

How then, as a nation, can we find common cause and ground to express our views openly and without fear of retaliation when even our government has abandoned the principle of free speech, plays favorites?  Can we ever find that common ground as a nation, bring out our better angels?

It’s not coincidental that I end I began this essay with a quote from President Abraham Lincoln’ first inaugural address.  He too died from a cowardly assassin’s bullet. He spoke these words when secessionist war clouds threatened America over an intractable issue:  slavery.  I think as a nation we are at a similar inflection point over a myriad of seemingly intractable issues.  

“Vexation:” A Short History of Habeas Corpus in America

The Scene, Act 1

Imagine driving down Fredericks Hall Road in the early hours heading to work, sipping coffee, a black suburban following too close for comfort. Minutes later a sheriff’s deputy car pulls in between you and the suburban, turns on his or her emergency lights.  You pull over into the B&L Mart parking lot, the suburban following the deputy’s car into the lot.  

Out jump agents in camouflage vests, long guns at the ready.  They order you out of the car, pushing you to the ground, cuffing you, your body violated in every sense as they search you.  Before you know it your whisked away in an unmarked van to a non-descript detention center.  Your “Why am I being arrested?” protests ignored. Demands for a lawyers rebuffed. No Miranda warnings. Requests to make phone calls denied.  Within hours a flight, then a prison in a foreign country.

At best this sounds like a screenplay for a cheap, low budget film.  At worst, a nightmare.  Unfortunately, it’s the latter.  The Trump administration has used similar tactics repeatedly over several weeks.  One Maryland man, who was in the U.S. on protected status, was grabbed from the streets, detained, denied due process, and ended up in an El Salvadoran maximum security prison.  The government admitted later he was detained because of an “administrative error,” adding it was powerless to have him returned to the U.S. and his American wife and 5-year-old autistic child.   Several other persons legally in the U.S. have also been individually detained, imprisoned, and marked for deportation without due process.  

In a larger multi-state operation, hundreds of persons were detained and deported during arrests allegedly targeting Venezuelan gang members when Trump invoked the Alien Enemies Act of 1798.  Despite a federal judge’s order to stop the deportations pending court hearings, even ordering the return of flights in progress, the government willfully ignored the order and let the deportations proceed apace, citing that some of the planes were over international waters and therefore beyond their jurisdiction to recall. 

Newsfeeds showed the deportees led off the planes in shackles, moved from point to point by soldiers forcibly doubling them over, heads shaved for TV crew consumption.  A chilling display of dehumanization reminiscent of Nazi deathcamps.  

At the core of these detentions is the secretive nature of the arrests and reluctance and outright vexatious refusal to respond to federal judges’ orders to produce the body in court: The Writ of Habeas Corpus.

Habeas Corpus

Habeas Corpus’s roots go back to Anglo-Saxon times, evolving after the Norman Invasion in 1066, enshrined in the 39th clause of the Magna Carta in the 13th century, and in 1679, put into English law with the Habeas Corpus Act.  The reason for the 1679 Act, from what I can gather from its text, is that Sheriffs and others were claiming not to have received or misplaced writs of Habeas Corpus, causing “great delayes” and “long detaining’s in Prison….to their great charge and vexation.”   Sound familiar to Trump’s government lawyers?

You must put the 1679 Act within the 17th century’s context of the power politics between King and Parliament in England, eventually being settled as part of the Glorious Revolution of 1688/89 and the birth of the English Bill of Rights.  One mustn’t lose one’s head over this history (a little pun off the top of my head), but it is worth recalling.

Americans thought it such a great idea they put it in our Constitution, not once by twice.  It can only be suspended in cases of invasion or rebellion.   The 1789 legislative act creating America’s judicial system gave federal judges the right to issue writs of Habeas Corpus but limited to federal matters.  This power to issue Habeas Corpus writs was expanded after the Civil War in 1867, to include State detentions.  

Rebellion

At the outset of the Civil War, President Lincoln suspended Habeas Corpus in certain regions in April 1861. After the arrest of Marylander John Merryman, who was spirited off to a military fort, Supreme Court Chief Justice Roger Taney (of Dred Scott infamy) — who also oversaw Maryland’s federal circuit court – issued a writ of Habeas Corpus, demanding Merryman be brought before a judge.  Taney argued that only Congress can suspend Habeas Corpus, not the President.  Lincoln refused.

Lincoln’s Proclamation 94, issued in 1862, further expanded the geographic scope of the suspension of Habeas Corpus.  Congress debated the issue of whether the president or congress can suspend Habeas Corpus, as the Constitution is silent on this matter, but came to no definitive conclusion.  In 1863, nonetheless, Congress passed an Act Suspending Habeas Corpus to give Lincoln’s acts legal cover.  Lincoln signed the bill.

Alien Enemies Act 1798

Unfortunately, the Alien Enemies Act has been used to short circuit Habeas Corpus.  The Act has several parts, it includes a declaration of war, or invasion or predatory incursion by a foreign nation or government.  Only then can aliens of these invading nations be rounded up, or as the act states, “shall be liable to be apprehended, restrained, secured and removed as enemy aliens.”  The west coast roundup of Japanese aliens and citizens of Japanese ancestry and their interment in prison camps during the Second World War is one example.  

The round up of alleged Venezuelan gang members under the Alien Enemies Act is absurd.    The gang is not a nation state, it is not part of an invading army or force, and a state of war between the U.S. and Venezuela does not exist.  And by the way, only Congress can declare war.

The War Mindset

This recent short circuiting of Habeas Corpus reveals the mindset of Trump and his administration.  They are at war with parts of America.  And they are using war-time emergency powers such as the Alien Enemies Act to dilute and nullify the Constitution.   Trump is on a war footing where no war exists, and Americans need to take notice.  If you think he will stop at non-citizens or legal permanent residents, I would think long and hard about that proposition.  Just as insidious are those lining up to inform on folks.  Are we heading to a police state?

Think about our neighbors.  Migrants live and work in our community.  Their kids go to our schools. They are a vibrant part of our community and economy.  They build and repair homes, own businesses such as restaurants, gas stations, construction and landscape companies. They pay taxes and shop at local stores. They have the same right to the constitutional protections that we enjoy from unreasonable search and seizure, due process, their day in court.   They should not have to live in fear of disappearing from Fredricks Hall Road and ending up in an El Salvadoran maximum security prison.

Lastly, what can we do?  We have agency, so talk to your representative and express your concerns.  Stress the need for legislative reform.  Ask them to introduce reform bills.  I would start with repealing the Alien Enemies Act and clarify through legislative action who can suspend Habeas Corpus, Congress or the President.  Talk to your neighbors and friends.  Let them know what is going on and what is at stake.

For those on the other side of the aisle who think that Trump is doing is great, I ask you to think down the road.  Restraining a president with expanded Kingly powers will be like holding a wolf by the ears.  The next president may not like you. I hope your Spanish is good.