Why Rand Paul’s Eric Garner theory is flawed
The likely 2016 presidential candidate continued, “I think it’s also important to know that some politician put a tax of $5.85 on a pack of cigarettes, so they’ve driven cigarettes underground by making them so expensive. But then some politician also had to direct the police to say, ‘Hey we want you arresting people for selling a loose cigarette.’ And for someone to die over breaking that law, there really is no excuse for it. But I do blame the politicians. We put the police in a difficult situation with bad laws.”
Critics contend that Paul’s theory is flawed, to say the least. Garner didn’t die as a direct result of the New York Legislature passing a law in 2010 increasing taxes on cigarettes bought in New York City to $5.85 a pack. He died because he was put into a chokehold, a tactic banned by the NYPD in 1994. Even if high taxes on cigarettes create a vibrant black market for cigarettes, critics say that has little to do with how police officers enforce those laws. Hiking taxes on cigarettes and banning the sale of loose cigarettes doesn’t require cops to use lethal force against violators of the law.
And politically, it’s an odd position to take, especially for Paul, who has been courting African-Americans and has made a very clear pitch in tackling racial issues involving the criminal justice system, in additional to visiting historically black colleges.
“He very well may believe the taxes are too high, but the cigarette tax argument seems like small potatoes and a cop out in that he didn’t want to be seen as being too critical of the police, so he chose to focus on this and attack public officials,” said Jeanne Zaino, a professor of political science at Iona College and of political campaign management at New York University. “This could have been the perfect segue for him to talk about what the Republican Party can do to address problems involving race and the criminal justice system.”