Politics
The racist origins of the law at the center of Sean ‘Diddy’ Combs’ prosecution
Sean “Diddy” Combs was arrestedon Monday and charged with racketeering, sex trafficking and transportation to engage in prostitution. Each is a serious federal crime, and the powerful hip-hop mogul is facing very serious prison time if convicted. (Combs has denied the allegations and pleaded not guilty.) Notably, the third count in Combs’ indictment comes from a federal law dating back to 1910. It’s known today as the Mann Act. Federal prosecutors don’t often use the law’s other name, and for good reason. The Mann Act is also known as the “White Slave Traffic Act.”
Many laws have been passed because of outdated — or simply racist — societal attitudes. Sometimes, those laws stick around for a surprisingly long time. It wasn’t until 1967 that the Supreme Court struck down anti-miscegenation laws outlawing interracial marriage. (And Alabama kept its law on the state books until 2000, even though it was no longer constitutional.) Similarly, laws mandating segregation were struck down across the country when modern sensibilities recognized them as unjust.
The statute was “born out of a hysteria” in the early 1900s.
But not the Mann Act. Originally motivated by xenophobia, racism and politicians looking for ways to punish consensual “immoral” sex, the law remains a federal tool used to prosecute Combs and many others, including rapper R. Kelly.
While the text of the White Slave Traffic Act doesn’t exclusively protect white women, the statute was “born out of a hysteria” in the early 1900s “that ‘white slavers’ were preying upon young women — coercing them into prostitution through threats, intimidation, and force.” Writing in the Columbia Human Rights Law Reviewsex worker activist Lorelei Lee argues the “prototypical ‘white slave’ of early 1900s discourse was a young white girl from a rural area who was lured into prostitution after moving to an urban center and thus being separated from the supervision of her family.”
The sponsors of the Mann Act definedthe white slave trade as “the business of securing white women and girls and of selling them outright, or of exploiting them for immoral purposes.” Although the text of the law doesn’t single out white women for protection, the legislative history demonstrates a retrograde motive to protect white women from “interracial sex.”
The text of the law as originally passed in 1910 criminalized knowingly transporting a woman in interstate commerce “for the purpose of prostitution,” but also for the purpose of “debauchery, or any other immoral purpose.” As one can imagine, a lot more purposes were considered “immoral” in 1910, and potentially included — according to the Supreme Court in 1917 — an “interstate trip for the purpose of a sexual affair between two consenting adults.”
Several scandalous prosecutions followed. Arguably the most infamous was the prosecution of the first African American heavyweight boxing champion, Jack Johnson. The federal government prosecuted Johnson under the White Slave Traffic Act for transporting a white woman named Belle Schreiber across state lines. This, despite the fact that Schreiber was an adult and testified that she had consented to the trip.
Johnson was convicted, only to be pardonedposthumously over a century later in 2018 by then-President Donald Trump. (Johnson wasn’t the only high-profile man, Black or white, targeted by federal prosecutors, though. Another famous prosecution was that of Frank Lloyd Wright, accused of transporting a mistress from Wisconsin to Minnesota.)
The “immoral purposes” clause remained in the Mann Act for 75 years, until 1986.
The “immoral purposes” clause remained in the Mann Act for 75 years, until 1986, when Congress amended the statute to remove it, and also to make the statute gender neutral. In its modern incarnation, it applies only when the transportation of the person was for illegal sexual activity — in Combs’ case, prostitution.
Johnson likely could not be prosecuted under the Mann Act today. However, as in 1910, the victim’sconsentis still not a defense. Diddy’s defense will likely try to demonstrate that everyone at the alleged “freak offs” and sex parties prosecutors have described in sometimes intense detail were there willingly. But even if that assertion is proven true, it might not be enough to save him.
Two things are probably true: First, seasoned federal prosecutors are likely quite aware of the checkered history of the Mann Act, including its alternate name. Second, you’ll never hear any of them call it that. And that’s a good thing. The revised version of the Mann Act has utility in the modern era. Human trafficking is a legitimate concern in 2024, as opposed to the manufactured “white girl slavery” panic of the early 1900s that inspired the original act. Perhaps this is a law that truly can be repurposed, despite its questionable origins.
Danny Cevallos is an BLN legal analyst who practices in the areas of personal injury, wrongful conviction and criminal defense in Pennsylvania, New York and the U.S. Virgin Islands at the law firms of Cevallos & Wong in Pennsylvania and Edelman & Edelmanin New York, where he is of counsel.
Politics
The Brazil-Haiti match that changed the world
Brazil has won a record five World Cups, but the most important match it has ever played may have been an exhibition match against Haiti that was meaningless in sporting terms but has had a long influence on each country’s politics.
On Aug. 18, 2004, Brazil’s players drove through the streets of Port-au-Prince in armored personnel carriers, World Cup champions greeted like liberators. Two months earlier, Brazil’s military had arrived to lead a multinational peacekeeping force established by the United Nations following a bloody coup d’état.
“We’ve only seen such joy in the eyes, the exuberance of the eyes, when we paraded in Brazil after winning the World Cup,” coach Carlos Alberto Parreira said afterwards. “I will never forget this moment.”
The team was accompanied to the U.N.-hosted friendly match that followed — “They play, peace wins,” went the slogan — by Luiz Inácio Lula da Silva, then in his first term as Brazil’s president. More than two decades later, Lula is back in office, now cemented as the most accomplished leader the world’s left has seen in the 21st century. His approach to foreign policy, say observers, was shaped partially on the soccer pitch that day in Port-au-Prince.
“It showed he was trying something different as a diplomatic tool,” said Mauricio Savarese, an Associated press political reporter in São Paulo who has researched the legacy of the 2004 game. “That match at the time was a symbol of Brazil’s soft power. You really showed how Brazil could win hearts and minds with a policy that was not exactly bowing to the United States or to the China or to Russia, but independent.”
The match, designed to build goodwill between a shell-shocked population and its benevolent occupiers, began after players from the two national teams unfurled a pre-match banner that read “Social Justice is the True Name of Peace.” The peacekeeping mission represented an early commitment to “continental solidarity,” as Lula defined it in a speech the following year to up-and-coming diplomats where he cited the Haiti mission as an example of “non-indifference.”
Lula was feeling his way toward a foreign policy centered around South-South Cooperation and the BRICS alliance of emerging markets. Lula has used that role as de-facto leader of the democratic developing world to, with mixed results, position Brazil as a leader on climate change — it hosted last year’s COP30 in the Amazon city of Belém — and a mediator when thorny international conflicts arise. It has a position of official neutrality in the Russia-Ukraine war, so as to serve a potential role as mediator, as it did when partnering with Turkey in 2010 to broker a nuclear-fuel swap with Iran.
That same year, an earthquake hit Haiti, killing over 100,000 people while injuring and displacing millions more. It also destroyed the headquarters of the U.N. Stabilisation Mission in Haiti, even as Brazil led a post-disaster humanitarian relief effort. The experience further deepened ties between the two countries, as Brazil introduced a humanitarian-visa program for the first time to welcome Haitians fleeing the devastation; it has since been extended to Syrian war refugees, as well. One historically Italian neighborhood in São Paulo is now known as Little Haiti.
The broader peacekeeping mission began to resemble a military quagmire in humanitarian garb: Brazilian troops were blamed for human-rights violations and a cholera epidemic, while doing little to improve the overall security situation. For Lula and his protegée Dilma Rousseff, the Haiti project became a political liability, in both Haiti and Brazil.
As the two nations prepare to face off against one another in Philadelphia on Friday, Lula is not expected to be in attendance. Instead his travel schedule this week was built around the G7 summit in France, in which Brazil participated as one of five “partner countries” — a reflection of its increased global standing over the past few decades. If Lula shows up at one of Brazil’s matches later in the World Cup, it will likely be with a domestic audience in mind rather than a foreign one: he is in the midst of a reelection campaign for his fourth term, against a son of his longtime antagonist Jair Bolsonaro.
“I doubt that anyone is going to vote for him just because he’s recognized abroad as a key leader,” said Savarese, Brazilian political journalist who wrote the book “Dilma’s Downfall.” “But of course that helps with some moderates, which are a very thin part of Brazil’s electorate, and they’re going to be decisive in October’s election, that is also one of the things that tips the balance in his favor, as is being seen as this pragmatic leader who can also be respected even when he’s speaking about issues that clearly don’t affect as much in Brazil’s daily life.”
That day in Haiti, not yet a global figure, Lula confronted one limit on his power. He reportedly asked his team not to score too many goals, in the interests of goodwill. The players did not oblige, winning 6-0, including an astonishing solo effort from Ronaldinho.
Politics
Wealth correlation with soccer ability?
Blue Light News has been crunching the numbers to see how all 48 of this year’s World Cup participants rank in several other off-field categories, which we’ll share more of over the weekend.
In today’s item, we look at whether GDP per capita has any connection to soccer performance. As you can see, the chart does show some positive correlation — note, for example, wealthy tournament contenders such as France, the Netherlands and Germany all in the upper right corner.
But it’s not a perfect indicator. By this metric, Qatar is the wealthiest country in the tournament — and it lost 6-0 to Canada on Thursday …
Politics
In Canberra, disappointment
CANBERRA — It was disappointment from start to finish around the USA vs. Australia match in the Bush Capital, won comfortably by the American side.
Neither of Canberra’s Socceroos made the starting lineup and the local government failed to provide an outdoor watch site for the match, despite a heavy social media campaign from locals. With federal politicians out of town and back in their districts this week, the campaign lacked star power and fell on deaf ears.
That left thousands to fill inner city pubs and the University of Canberra, which were allowed special trading hours for the match, from 4.30 a.m.
Australia’s politicians — vocal in their support in the lead-up to the match — went silent quickly, after Australia’s own goal 11 minutes minutes into the game.
If the Aussies’ lackluster performance left the crowd subdued, they found energy to boo Health Secretary Robert F. Kennedy Jr. — a notably unpopular figure in Australia, which embraced harsh Covid lockdowns and vaccines — when he appeared on the match broadcast.
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