No indictment in Ferguson case
Source: USA Today
FERGUSON, Mo. -- A white police officer will not face charges for fatally shooting an unarmed black teenager in a case that set off violent protests and racial unrest throughout the nation, an attorney close to the case said Monday night.
A St. Louis County grand jury declined to indict officer Darren Wilson, 28, for firing six shots in an August confrontation that killed 18-year-old Michael Brown, said Benjamin Crump, an attorney for the family. The decision had been long awaited and followed rioting that resembled war-zone news footage in this predominantly black suburb of St. Louis.
"The jury was not inclined to indict on any charges,'' Crump said after being informed of the decision by authorities. Prosecutors scheduled an news conference to announce the decision.
Read more: http://www.usatoday.com/story/news/nation/2014/11/24/ferguson-grand-jury-deliberations/19474907/
alp227
(33,269 posts)it seems that there'll be no indictment.
Starry Messenger
(32,380 posts)Duval
(4,280 posts)Archae
(47,245 posts)It's going to happen.
840high
(17,196 posts)Archae
(47,245 posts)But I expect it to occur.
derby378
(30,262 posts)I'm afraid you're right. We're all fucked.
PatrynXX
(5,668 posts)by not doing this on Friday . by bringing in the national guard. by arresting the media again. The cops as they say Drew First blood yet again.
hence why a 12 yr old is dead now. toy gun. maybe we should ban all toy guns from now on...
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bjobotts
(9,141 posts)Despair can be quite a motivator but this shouldn't be made about black vs white. It should be about poverty and income inequality joverall but our military police need to be restrained as they are so quick to to shoot first. Killing an unarmed man who is moving away from you are the tactics of a coward who has no business being in law enforcement. Ferguson police force should get rid of this guy. He flunks personhood for being human.
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Response to derby378 (Reply #34)
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derby378
(30,262 posts)Your complaints won't stop the cops from firing tear gas and rubber bullets in Ferguson tonight.
Response to derby378 (Reply #113)
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Miles Archer
(23,014 posts)Granted, they did not interview every person on the streets of Ferguson. But the ones who WERE interviewed wanted an indictment and nothing less.
Prayers for everyone out on those streets. This could get ugly fast.
yuiyoshida
(45,386 posts)damn... damn.
Spitfire of ATJ
(32,723 posts)Everyone knew the fix was in.
Besides, this wasn't the final word.
Heather MC
(8,084 posts)On more unarmed black people. I don't believe they will riot.
I do believe police in Ferguson will fire on a peaceful protest and call it a riot
Response to Archae (Reply #3)
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That huge scale of riots will never happen again. It's been 22 years already.
LiberalElite
(14,691 posts)is really aggravating me. What a load of bull.
pothos
(154 posts)He doesn't even want to be there doing this. You can tell he thinks that it even went to a grand jury is bullshit. Its disgusting.
aggiesal
(10,759 posts)had a $hit eating grin the whole time he read his statement.
I knew then no indictment would come.
heaven05
(18,124 posts)with drunken, racist revelry. Their victory will by pyrrhic. It will be at great cost to blindfolded lady justice holding the scales. Justice is not blind in this country, it is for the privileged only.
uppityperson
(116,015 posts)Third Doctor
(1,574 posts)I don't know what to say about this right now. I really feel bad for Brown's parents right now.
Triana
(22,666 posts)Robbins
(5,066 posts)This would happen.
All witnesses who saw shooting has been dismissed inless they go with what police wanted.
Police totaly change their story.
damnedifIknow
(3,183 posts)dhill926
(16,953 posts)not good...
otohara
(24,135 posts)blaming the media, witnesses, social media...
This isn't going to go well
KingCharlemagne
(7,908 posts)belzabubba333
(1,237 posts)and America loses there are no words
kelliekat44
(7,759 posts)I just feel so bad for Michael's parents and all the parents of young black males. Police all over this racist nation will be shooting to kill as often as they like. Sickening.
RoccoR5955
(12,471 posts)Where the police are also judge, jury and executioner, hiding behind their blue wall of silence!
ProudToBeBlueInRhody
(16,399 posts)Nothing. Not one thing on that list?
aint_no_life_nowhere
(21,925 posts)That happens at trial. Yet, this butthole is talking about the credibility of the witnesses. The purpose of trial is to get at the truth and to verify whether they actually changed their stories. McCullough is giving us a summation at trial which is ludicrous. It's clear that the Grand Jury thought they were trying the case, which is absolutely inappropriate. Just one solid witness statement, even with a mountain of contrary evidence should be enough to establish probable cause. This case should have gone to trial. Fortunately, I'm a non-violent person and I won't wish any violence against the prosecutor. But if he gets taken down by a person outraged with his shenanigans, I won't shed a tear.
Blue_Tires
(57,596 posts)I had to work late, so I was listening to the presser on the radio driving home....And I just had a big WTF? while listening to these long-winded explanations of what every witness saw at every point of the timeline, and how credible/consistent they may or may not have been...
Iamthetruth
(487 posts)To read all the evidence that will be release before I throw out accusations.
heaven05
(18,124 posts)tom_kelly
(1,051 posts)blackspade
(10,056 posts)GDs are secret. Just the way the DA wants it.
Iamthetruth
(487 posts)But the DA said all evidence will be released.
orleans
(36,879 posts)blackspade
(10,056 posts)I guess we'll see....
noiretextatique
(27,275 posts)Iamthetruth
(487 posts)No excuses
elias7
(4,229 posts)Would that be a consideration for the family here?
jeff47
(26,549 posts)truebluegreen
(9,033 posts)although I don't know how that would work. New evidence, I think.
jeff47
(26,549 posts)MO law doesn't allow a special prosecutor unless the DA steps aside. So the same prosecutor would have to impanel another grand jury.
Since he used this one as an excuse to not indict, he's not gonna do that.
truebluegreen
(9,033 posts)He clearly has his agenda. I lay a lot of the blame for this result at the governor's feet as well. All I've heard from him is the need for more security and how everybody just needs to "heal." Nothing would be more healing than justice.
jeff47
(26,549 posts)The only guy who could bring state charges is the DA. The governor's only option would be a special prosecutor, which requires the DA to step aside on his own.
truebluegreen
(9,033 posts)But nothing the governor has said has indicated to me that he is unhappy with the process as it has developed. I'm thinking "bully pulpit" not directives from on high.
jeff47
(26,549 posts)and insisted that the governor appoint a special prosecutor if he wanted one....which the DA knew was against the law.
truebluegreen
(9,033 posts)I was out of the country at the time and only got the highlights. I haven't been impressed with his more recent actions/words.
noiretextatique
(27,275 posts)Marrah_G
(28,581 posts)BronxBoy
(2,287 posts)niyad
(132,106 posts)KingCharlemagne
(7,908 posts)the comments section of the various online local print media. Then I realized he would not be.
I will never buy anything made in Missouri EVER again and I will never voluntarily set foot inside that state again. If that means I have to quit a job, so be it.
noiretextatique
(27,275 posts)The process is always illuminating, hopefully for those who think the justice system actually works.
Gemini Cat
(2,820 posts)No justice no peace.
Matilda
(6,384 posts)so could somebody explain how it works?
Why was Wilson simply not tried before a judge and jury, with witnesses who could be cross-examined in open court?
What are the criteria for a Grand Jury trial instead?
drm604
(16,230 posts)If they had decided to indict Wilson then there would have been a regular trial. So a grand jury trial isn't something that is done instead of a regular trial, it's a preliminary to it.
Matilda
(6,384 posts)that decide whether there should be a Grand Jury trial?
drm604
(16,230 posts)I think it may be up to the prosecutor.
harun
(11,381 posts)KingCharlemagne
(7,908 posts)show probable cause. He chose the GJ route (and the particular way he presented it to the GJ) precisely to avoid having to indict a cop. He has to work with the cops after this case is over. You think McCulloch would do anything to damage his relationship with the local constabulary? Puh-leeze.
jeff47
(26,549 posts)Theoretically, there's supposed to be a grand jury before going to a trial. But prosecutors generally have the right to skip the grand jury and go straight to trial. (Details vary a lot by state)
Usually prosecutors don't bother with a grand jury unless it's a controversial case, or they're seeking an excuse to not indict.
drm604
(16,230 posts)ColesCountyDem
(6,944 posts)By far the most common method is for the prosecutor to file an 'information', in essence a criminal complaint setting forth the particulars of the offense. After the defendant's initial appearance in court, there is asunsequent evidentiary hearing, most commonly known as a 'preliminary hearing.
The second method is for a prosecutor to present evidence to a grand jury, explain the applicable criminal law, and ask the jury to return a 'true bill' ( indictment ). At one time, this method was preferred because it avoided having to hold a wide-ranging evidentiary hearing, limiting the defendant to challenging specific items of evidence in a much narrower proceeding. This is no longer true in many states, however, which is why filing a criminal information has become more common (less work for the prosecutor).
Recursion
(56,582 posts)Grand juries can (but rarely do) produce an indictment of their own initiative. DA's hate that.
ColesCountyDem
(6,944 posts)Recursion
(56,582 posts)So, generally, there's more or less always a grand jury just kind of hanging around, and whomever the DA wants to indict, he presents evidence to the jury asking for an indictment. It's essentially just a pro forma check on the prosecutor (the judge himself plays that role in a lot of commonwealth countries).
In some circumstances, like this one, the DA can impanel a grand jury specifically for a certain case.
Finally, there is legal precedent for a grand jury "going rogue" and presenting indictments without a DA asking to, but that's very rare.
Matilda
(6,384 posts)I wondered whether it was a way to get the result the authorities wanted without too much scrutiny, but that may be unfair.
In view of the already high tension, I would have thought an open case would be a safer way to go, so whatever the result, it's all open. It's hard to think there's not going to be a heap of trouble coming from this verdict.
But I won't point a finger at your system, because as a number of people on Twitter have pointed out, only one white police officer has ever been charged with killing a black person in Australia, and he got off. Seems we all have a long way to go towards racial equality.
CanonRay
(16,155 posts)In the Federal system all felonies must go through a Grand Jury.
orleans
(36,879 posts)there are 12 people on the grand jury
no one is allowed to ask how many voted to not indite the cop
so...obviously it doesn't have to be unanimous
if a single person on the grand jury votes to not indite does that make the ruling?
for all we know--it might.
and that sucks
Recursion
(56,582 posts)So if Fred shot Murray, Murray's family would present the evidence to the Grand Jury, and if they returned a true bill, Murray's family would have to prosecute the case.
It's a strange idea to imagine, personally.
Yupster
(14,308 posts)of the 12 to indict, but I could be wrong.
former9thward
(33,424 posts)If 4 out of the 12 vote not to indict then there is no indictment.
Recursion
(56,582 posts)The Governor General can call one to investigate a magistrate. IIRC it hasn't been used in decades, though.
Travelman
(708 posts)A grand jury is specifically there to determine not innocence or guilt, but to determine whether or not it is likely that a crime occurred. They are charged with determining whether a preponderance of the evidence suggests that a crime occurred, and if so, what that crime would be (according to the statute). Technically, a grand jury does not have to indict a particular person; leaving aside the details of this case, it is possible (though very rare) that a grand jury can return a report that because John Smith was shot in the back of the head, it's almost certain that a crime was committed, but they don't find a preponderance of the evidence that Joe Blow is the one who committed that crime.
Not all cases involve a grand jury. A prosecutor may take the evidence, testimony, etc. that they have to a judge, and that judge may make a determination of probable cause. In some jurisdictions, a grand jury is guaranteed for any criminal indictment, even for minor things like traffic tickets, if the defendant demands it. In some jurisdictions, a grand jury is required by statute for certain crimes (most typically the top murder charges).
Each state sets up their own grand jury rules on their own. In the case of Missouri, the grand jury is selected from a standard jury pool, serves for some set length of time, and has twelve members. At least nine are required to agree in order to return an indictment. Other places are different: some require a simple majority, some require a unanimous grand jury, others require something in between. Some grand juries are much larger, 18-25 grand jurors, some are smaller, just six or eight.
Grand juries are often political cover for prosecutors in high-profile cases. If it's going to be problematic whether charges are brought or not, a prosecutor can toss it to the grand jury, and then no matter what the decision, when anyone asks, they can just say "well, this is the indictment that the grand jury returned." But that is far from the ONLY reason grand juries are convened. Sometimes, it's just a toss-up from the prosecutor's perspective, and they want the grand jury to make that coin-toss. Sometimes, a prosecutor wants to go through the grand jury frequently in order to preserve an appearance of impartiality. And, as noted above, sometimes it's mandated by statute.
Wilson was not tried here because that's not the function of a grand jury. A grand jury is the "gateway" to someone being prosecuted. It's a check upon prosecutors in general. Had the grand jury returned an indictment, then that would have triggered an arrest, arraignment (formal reading of the charges in open court), and then a trial (assuming that there was no plea agreement or the charges tossed out for some reason or another or something else to disrupt the trial).
CANDO
(2,068 posts)Apartheid lives here.
KingCharlemagne
(7,908 posts)Mandela . Compliments to you for the analogy. (I cut my teeth as a political activist in the anti-apartheid campaigns of the '70s and '80s).
CANDO
(2,068 posts)I'm a white man and it makes me ill that this travesty is allowed to happen. People will allege "why make this about race", to which I reply, you've got to be fucking kidding me! This is absolutely about race. You have a prosecutor acting as a defense attorney for the potential defendant in front of a grand jury that he possibly may have to prosecute at trial!
KingCharlemagne
(7,908 posts)when the 'system is broken,' armed struggle is a (not 'the') logical next step.
Against that, I would pose this very sobering comment by DU'er Feral Child that so struck me that I saved it:
http://www.democraticunderground.com/1014945402
To which I would then riposte that while a mob may not be able to "over-run a cohesive force of well-armed, government-supported troops" a small, determined body of irregulars using a hit-and-run strategy might be able to create conditions where the modern state's 'monopoly on the use of force' no longer holds sway. (This, in essence, was the strategy adopted by Ho Chi Minh, Giap and the Viet Minh against first the Japanese and then the French.)
TinkerTot55
(198 posts)At what point can the Feds step in?
jeff47
(26,549 posts)24601
(4,139 posts)at any time.
There can be a decision to defer or even to take no federal action even when it is possible. Federal Action regarding the October 2002 beltway snipers (John Allen Muhammad and Lee Boyd Malvo) was deliberately not pursued because it would have precluded prosecution by Virginia - based on that state's law.
A President an preempt federal charges with a pardon and a President's powers to pardon offenses are limited only by specific constitutional language. Sometimes a President just decides not to prosecute.
heaven05
(18,124 posts)just confirmation of all who knew no justice was in the cards for Michael Brown. I hope no one acts in an irrational manner and that all responses are thought out, rationally and logically. BE ANGRY, but BE SMART!!!!
azurnoir
(45,850 posts)and that is sad
historylovr
(1,557 posts)There's just no other words.
BronxBoy
(2,287 posts)Cops do not get indicted for taking the lives of unarmed people of color......never have, never will be. Anybody with half a functioning brain can merely peruse the sordid history of unjustified shootings to see that.
I do think we are seeing a new low in the trashing of witnesses....Some folks here saw that trend developing sometime ago but it's disgusting nonetheless.
So the Kabuki theater has come to an end....Wilson can now make the rounds on all the Fox shows while basking in the glow of his new marriage. I'm sure we'll all hear about how the "system" worked and how we should be glad to live under such a system. Unless you're Black or Brown of course.....
Interesting how it seems the DA is speaking for Officer Wilson...my question is who spoke for Michael Brown.
m-lekktor
(3,675 posts)LibbyTreehugger
(39 posts)erpowers
(9,445 posts)Last edited Mon Nov 24, 2014, 11:35 PM - Edit history (1)
I am just hopping the protests stay peaceful. There is really no reason for anyone upset about the results to riot.
niyad
(132,106 posts)of course, if there is a problem, my guess is that it will be started by the kkk or similar, not the people who are protesting.
erpowers
(9,445 posts)I said there was no reason for anyone upset about the results to riot. Of course, people should be upset about the results of the grand jury. However, I do not see how riots will make things better. It seems riots will only make things worse by giving the critics of the rioters more to complain about.
niyad
(132,106 posts)KingCharlemagne
(7,908 posts)pedestrians to, you know, shop or walk to school, they should be perfectly safe.
alarimer
(17,146 posts)Because most of the time, grand juries indict nearly everyone.
It's just a decision that there needs to be a deeper investigation.
I just can't believe the evidence was so poor in this case. I just can't. Something else happened.
lovemydog
(11,833 posts)he did not recommend indictment on any charges. That alone is highly unusual.
I believe a federal indictment is warranted.
I also believe a federal investigation of the prosecutor's office is warranted.
KingCharlemagne
(7,908 posts)remarks to it. The written transcript will not show any smirking or winking by him.
ReRe
(12,188 posts)... links in Ferguson? Thanks.
blackspade
(10,056 posts)I had very little hope that this murderer would see the inside of a courtroom.
Sigh...
nikto
(3,284 posts)JesterCS
(1,828 posts)kansasobama
(1,750 posts)I am sorry to say- People have to VOTE. Authorities know people will not vote. It happened in 2014 elections, it happened in 1994, it happened in 2010. There were some pivotal moments in history where the left complained and did not vote. Ferguson voting record is a sad commentary. We have given away our rights-worker rights and we can easily be manipulated by Kochs and money. I am an older man and I just see the same thing. Progressives do not VOTE. Hard right always does.
Doctor_J
(36,392 posts)welcome, Rush!
MrModerate
(9,753 posts)My Australian colleagues are asking questions I can't answer, like "are you all crazy?"
I think I'll stay here in Western Australia and pretend I'm Canadian until my Permanent Resident visa comes through.
I recognize that this is not the greatest injustice America has ever perpetrated (I'm talking to you, Mr. Obama, and your drone program not to mention your war-criminal predecessor), but it is profoundly dispiriting.
Justice isn't blind, but it is dead.
Iamthetruth
(487 posts)There is a difference between justice and revenge.
truebluegreen
(9,033 posts)noiretextatique
(27,275 posts)Where killing black people is fine, but prosecuting the people who kill them is revenge.
MrModerate
(9,753 posts)Thus preserving the "consent of the governed."
A Grand Jury is (typically) sealed, leaving the people no confidence that justice has been done.
The failure to indict is stupid, as well as evil.
truebluegreen
(9,033 posts)and the longer I live outside the United States the harder it gets to ignore the collective psychosis.
MrModerate
(9,753 posts)Lucky Luciano
(11,857 posts)It sounded like the prosecutor was going over every detail as if this was the full trial.
Shouldn't it be the case that if there is reasonable evidence to indict, then you should? That certainly exists and the details that were discussed by the prosecutor sounded like things that should have come out in a public trial.
Spitfire of ATJ
(32,723 posts)KingCharlemagne
(7,908 posts)appalling.
Spitfire of ATJ
(32,723 posts)You're right! I just realized he pulled the "society is to blame" card!
nikto
(3,284 posts)That cop would be instantly convicted, executed and buried under the jail.
noiretextatique
(27,275 posts)They would have claimed he was "demonic" and had superhuman strength. They would have found photos of him smoking a joint and wearing a hoodie, and deemed him "a thug in a suit." And the cop would walk.
lovemydog
(11,833 posts)as the prosecutor said they would. Soon.
I want to read all the eyewitness testimony.
It is very hard to fathom how a police officer can shoot an unarmed man six times, killing him, and not face trial on any charges.
confoosed
(62 posts)Is it after you fear for your life, after they cause injury, or after they knock you unconscious?
Recursion
(56,582 posts)Which is why Wilson's "he was reaching for the gun" claim was probably very important.
confoosed
(62 posts)nt
Recursion
(56,582 posts)lovemydog
(11,833 posts)They have to do with whether the officer is in imminent fear of bodily harm. I'm not familiar with the laws in Missouri. I've read that many predicted no indictment because Missouri law gives the police a huge benefit of the doubt. Hopefully someone with more knowledge here will explain it better.
Recursion
(56,582 posts)And directly in conflict with the existing case law, but it would take a case making it up to the Federal circuit (difficult to do) to overturn it.
lovemydog
(11,833 posts)Thanks for sharing that Recursion.
workinclasszero
(28,270 posts)No surprise at all. God help the poor, the non white and the worker in this unjust terrible country.
It has fallen so far in my lifetime that it puts me in utter despair to even think about it.
I pray for the family of the murdered kid who died with his hands in the air.
Fuck KochUSA and its bought and paid for scotus, congress and racist grand juries!!
markpkessinger
(8,908 posts)This is shameful on every level. It was not up to the grand jury to make a determination as to Officer Wilsons guilt or non-guilt, but merely to determine if there was a reasonable basis on which to bring the case to trial. The conflicting eyewitness testimony alone should have been reason enough to determine that this case needed to be heard before a trial court, and its outcome determined by a trial jury, not a grand jury.
Ash_F
(5,861 posts)Anyone know?
King_David
(14,851 posts)When will we know if there will be a Federal action?
C Moon
(13,620 posts)Police shooting tear gas into crowd
http://www.mediaite.com/online/watch-all-the-best-live-streaming-coverage-from-ferguson-missouri/
orleans
(36,879 posts)about how he was shot is horrifying
michael brown was shot in the forehead and the top of the head????
he was bent over and was shot in the top of his head!!!???
was this cop really in fear of his life by this point that those two head shots needed to be made?
how disgraceful that no charges will not be filed against the cop.
pasto76
(1,589 posts)ok thats his call. I totally disagree with that but hey.
He had already called for back up.
he had already used lethal force (presumably) because he was in fear for his life.
Why the FUCK would he then get out of the car and pursue the person who had just made him fear for his life?
Why the FUCK didnt he wait for back up to arrive? Does it make any sense to re-engage that person without more and superior force?
I dont believe wilson would have shot him with another cop there. I believe he got out of his vehicle to teach Brown a lesson. To show him how bad ass he was. I believe he was acting from emotion, not training. And a young kid died as a result.
SunSeeker
(58,240 posts)noiretextatique
(27,275 posts)Only to racists. He described Brown as "demonic," others said he was an "animal who needed to be put down." Same racist depictions of Trayvon Martin. The resident cop-apologists are already constructing the same shit about the 12yo who was just murdered in Cleveland. One asshole is claiming he was "armed"... with a BB gun. You never have to try the perp when you vilify the victim.
Response to pasto76 (Reply #112)
SunSeeker This message was self-deleted by its author.
world wide wally
(21,836 posts)What does this say about our trial system?
sammy750
(165 posts)The Prosecutor has never charged a cop for murder.
WHY DID THE STUPID PROSECUTOR CHOOSE 9PM TO MAKE THE ANNOUNCEMENT. DOES ANYONE IN MO HAVE ANY BRAINS. FROM GOV NIXON ON DOWN IT BEEN STUPID DECISIONS.
Rhiannon12866
(254,928 posts)Odin2005
(53,521 posts)Over at the Neo-Nazi haven called Reddit the fuckers are cheering.
joglee
(24 posts)Burning down the Little Caesars is certainly mot the way to show tour dissapointment in how this was handeled.
KingCharlemagne
(7,908 posts)humbled_opinion
(4,423 posts)To go to Ferguson and stand with Michael Brown's family and talk about the changes that need to happen to help this country be all that it can be.
Stryder
(450 posts)ZombieHorde
(29,047 posts)law is just a social construct with no real authority or meaning.
Nihil
(13,508 posts)KingCharlemagne
(7,908 posts)superstructure that lives in constant dialectical relationship with its substructure. Where 'meaning' comes in all of this, I'm not quite sure of Marx' metaphysics.
noiretextatique
(27,275 posts)Clearly you are correct. This was a farce.
SkatmanRoth
(843 posts)It looks like the members of the Grand Jury know who to fear.
WhoWoodaKnew
(847 posts)noiretextatique
(27,275 posts)Ash_F
(5,861 posts)He told the young man to get off the street. The boy did not respond quickly enough, so the cop attempted to capture the kid by hand; couldn't do it. The kid ran away and that is when officer lost his cool and started shooting.
After a couple shots, which missed, the kid turned around and tried to give up saying "ok, ok ,ok" but the officer kept shooting and struck him several times. There were many witnesses, including two white construction workers.
Then the entire town's government made it point to rob the victim's family of justice in as obvious a way as possible. The way in which the legal proceedings over the last few months were handle was such that they wanted to make sure that the community had their noses rubbed in it.
The District Attorney, Mayor and Police Chief are extremely crooked. It is like this in many towns across the country though, which makes it a national issue.