Editor’s note: Dean Obeidallah, a former attorney, is the host of SiriusXM radio’s daily program “The Dean Obeidallah Show.” Follow him @DeanObeidallah@masto.ai. The opinions expressed in this commentary are his own. View more opinion on CNN.
We are seeing an alarming pattern emerge in which some GOP leaders defend — and even pledge to pardon — people charged with or convicted of killing a person. This callous attitude toward law and order fits well in a party whose presidential front-runner has defended those who stormed our Capitol on January 6, 2021.
At least that is the dangerous message sent by the Republican governors of Texas and Florida, who have spoken out in support of defendants in killings, and former President Donald Trump, who promised pardons for some of the January 6 attackers if he’s elected in 2024 during his appearance at last week’s CNN town hall.
The most recent example comes from Florida Gov. Ron DeSantis, who tweeted Friday evening his support for Daniel Penny, a US Marine veteran charged last week with second-degree manslaughter in the recent killing of Jordan Neely on a New York City subway. Neely, who was homeless, was riding on the subway May 1 when he launched into a rant about being hungry and declared, “I don’t care if I die. I don’t care if I go to jail. I don’t have any food. … I’m done,” according to Juan Alberto Vazquez, a witness who recorded the encounter.
Passengers became uncomfortable and moved to other parts of the train, Vazquez told CNN, but Neely did not appear to be armed or looking to attack anyone. A man approached Neely from behind and placed him in a chokehold, the witness said. The New York City medical examiner found that Neely died from compression to his neck as a result of a chokehold, ruling the death a homicide. (Penny’s attorneys said they are confident their client will be “fully absolved of any wrongdoing.” “He risked his own life and safety, for the good of his fellow passengers,” the lawyers said in a statement Thursday. “The unfortunate result was the unintended and unforeseen death of Mr. Neely.”
Penny has received support from a score of right-wing figures. For example, US Rep. Marjorie Taylor Greene of Georgia has called Penny a “hero,” while Fox News host Greg Gutfeld declared on the air that the manslaughter charge against Penny was “pro-criminal” and “anti-hero.”
Against this backdrop, DeSantis — who spent Saturday campaigning in Iowa in preparation for a possible 2024 presidential run — jumped into the fray. The second-term governor tweeted about Penny’s case by first attacking Manhattan District Attorney Alvin Bragg — a favorite target of many Republicans since his office recently charged Trump with 34 felonies — by writing: “We must defeat the (George) Soros-Funded DAs, stop the Left’s pro-criminal agenda, and take back the streets for law abiding citizens.” Then DeSantis added about Penny, “We stand with Good Samaritans like Daniel Penny. Let’s show this Marine… America’s got his back.” (Soros, who has supported Democratic campaigns, various liberal causes and prosecutors who favor criminal justice reform, has been the target of frequent antisemitic conspiracy theories.)
This is politics at its most dangerous. The case should be decided by a jury — not used as a political prop to score points. Instead, DeSantis is sending a message that if you are supported by the GOP base, we may have your back, even if you are charged in someone’s death.
We saw this almost identical message last month after a Texas jury convicted Daniel Perry of murder in the shooting death of Black Lives Matter protester and Air Force veteran, Garrett Foster. After Perry’s conviction, many on the right demanded GOP Texas Gov. Greg Abbott pardon Perry — from Tucker Carlson to US Rep. Ronny Jackson of Texas, who tweeted: “PARDON Daniel Perry IMMEDIATELY!”
Texas Attorney General Ken Paxton even released a statement to Fox News Digital that included language almost identical to DeSantis’ recent tweet, attacking the “Soros-backed DA” who prosecuted Perry.
In response, Abbott announced just a day after the jury convicted Perry of murder that he would ask the Texas Board of Pardons and Paroles — whose members he appoints — to expedite the pardon paperwork for Perry, which he vowed to sign as soon as it “hits my desk.” The governor can only pardon Perry if the board recommends it, according to Texas law.
Keep in mind that in all of 2022, Abbott only pardoned two people. But he was all too eager to nullify the unanimous verdict of a Texas jury that found Perry was not acting in self-defense. Since Abbott’s announcement, unsealed court records have revealed that Perry often engaged in racist and violent talk that included fantasizing about killing people and hunting Muslims. Perry was sentenced to 25 years in prison on Wednesday.
This brings us back to Trump, where this sort of political posturing all seems to have begun. During Wednesday’s CNN town hall, the former president — the leading candidate for the 2024 GOP presidential nomination — repeated his pledge to pardon a “large portion” of the January 6 rioters convicted in the attack on the Capitol on his behalf. This un-American statement was made even more vile by the applause from the heavily pro-Trump members of the audience.
Then there was Trump’s response to Kaitlan Collins’ question if he would pardon four members of the Proud Boys recently convicted of seditious conspiracy: “I don’t know. I’ll have to look at their case, but I will say in Washington, DC, you cannot get a fair trial, you cannot.”
These GOP leaders are broadcasting a dangerous message that if you commit a crime — be it murder to the storming of the Capitol to overturn an election — or are charged with a crime, they may have your back. Will this stance embolden more people to engage in the same conduct these Republican leaders are defending? Common sense says, yes. And worse, these GOP leaders should know that.