officer clayton powell. and he is face to face with one of these individuals. watch this. >>> it looks like the person with the backwards hat may have spit in officer powell's face and then you see officer powell come with what looks like a right cross there or a right forearm. officer powell's fellow officers at the scene being reported that they quickly told their supervisors of officer powell's action. and now officer powell has been relieved of duty and is now on paid administrative leave pending an investigation. they were both seem to be at fault. this is excessive force. i don't think this is excessive force. >> if the allegation is true of spitting, the officer should have stepped in so the other officer could take a breather. >> this happened days after the city of seattle and the u.s. department of justice announced a plan to reform the seattle police department. after a number of reports of officers routinely using excessive force. seattle officials have agreed to have an independent monitor oversee the actions of the police department. i don't want o

so unlike adam clayton powell jr. here of harlem, he didn't have a base of voters to draw from. he didn't have a civil rights organization rearg on, so he wasn't like roy wilkins of the naacp or thurgood marshall of the naacp. and he didn't emerge and form an organization early on like martin luther king jr. and the sclc, so he didn't have those organizational bases to tap into. another reason comes into play, and that is that rustin was openly gay for his era. and for that reason he decided, well, let me add another point. he was also arrested on charges of lewd vagrancy at different points. so those who were civil rights leaders, as well as bayard himself, chose at different times for him to step into the shadows. and he did that sometimes willingly and sometimes not willingly. bayard also, i want to emphasize, was a great speaker. early on he was known for his ability to be a great speaker. and that ability faded into the background as these arrests happened and as people became concerned about his sexuality tainting the movement, about his arrests tainting the movement and,

and representative adam clayton powell jr. of harlem gets wind of this plan, and for a variety of reasons, he decides he wants to stop the march on the democrats. and so he does it this way, or he tries to do it this way, he has an intermediary call martin luther king with a threat. and the threat is this: if you don't call off the march on the democrats, i will go to the media and tell them that you and bayard are having a gay affair. [laughter] i'm still baffled even when i hear myself say that. i once asked walter negel, bayard's longtime companion, whether there was any truth to the possibility that the two were having a gay affair, and walter smiled and rolled his eyes and said, please. dr. king was not bayard's type. [laughter] and for those of you who know about dr. king, we can also say that bayard was not dr. king's type. [laughter] but king takes this threat very seriously, even though it's hollow. there's nothing to it. he takes it seriously because he's fright beened -- frightened of negative exposure. remember, th

that was the debate when the house of representatives refused to seat adam clayton powell for reasons not stated in the qualifications clause for running for the house because of disreputable conduct. that was, in fact, debated at the constitution. when you stated three qualifications, that was going to be too limited. and james dixon from pennsylvania who is a better lawyer than many recited blackstone's rules and warned the senate if you put an exclusive list of -- if you put a list of qualifications in the constitution, you're tying the hands of the house or senate and excluding other qualifications. and that's precisely what the supreme court held. in marbury v. madison, it's based on that principle. >> i would caution emmett that when he argues this in court -- and i'll be there rooting him on -- that his opponent may suggest to him that history is not often the method of constitutional interpretation that people in emmett's position have used in the past. but one final, one final -- and i'm sure, i am sure you didn't argue history in many of the cases you've won. but the last th

that was the debate when the house of representatives refused adam clayton powell for reasons not stated in the qualifications clause for running for the house. that was debated at the constitution. james dixon from pennsylvania who was a better lawyer than many recited blackstone postal rules. if you put an exclusive list of qualifications in the constitution, you are tying the hands of the house or senate and excluding other qualifications. that is precisely what the supreme court held. this is based on that principle. >> i would caution when this is argued in court that his opponent may suggest to him that history is not often the method of constitutional interpretation that people have used in the past. one final -- i am sure you did not argue history in many of the cases you won but i think federal judges will be a little concerned about entering as a matter of the merits. if you start second-guessing senate procedural rules, you have to have a stopping point. i think the filibuster probably is unconstitutional. i think that will be your hardest argument. if there is a rule that say

his best frebd was the future congressman, adam clayton powell, jr.. he ran the streets with handy jr., and he wrote of watching garvy parades from the roof of clayton's senior's church, the baptist church in the early 1920s. he eventually would back an all-city track star, and one of the first black students at a university where he also began learning the journalistic craft. of course, 20s, harlem, it was the heart of the jazz age, the harlem renaissance. he was obsessed with musical theater, with the plays of broadway, with jazz music. in the 1930s, the years of the great depression, i think these were formative years for him. he cam back from school to help -- he came back from school to help his family. he got a job in new york city's welfare department and witnessed firsthand the immense suffering of his neighbors. he started doing writing, theater reviews for the news in harlem and parlayed that eventually into a regular column that covered all as pecks in harlem life, especially politics. harlem, during those years, was a political hot house, an

that was the debate when the house of representatives refused adam clayton powell for reasons not statedn the qualifications clause for running for the house. that was debated at the constitution. james dixon from pennsylvania who was a better lawyer than many recited blackstone postal rules. if you put an exclusive list of qualifications in the constitution, you are tying the hands of the house or senate and excluding other qualifications. that is precisely what the supreme court held. this is based on that principle. >> i would caution when this is argued in court that his opponent may suggest to him that history is not often the method of constitutional interpretation that people have used in the past. one final -- i am sure you did not argue history in many of the cases you won but i think federal judges will be a little concerned about entering as a matter of the merits. if you start second-guessing senate procedural rules, you have to have a stopping point. i think the filibuster probably is unconstitutional. i think that will be your hardest argument. if there is a rule that says

his best friend was the future congressman adam clayton powell jr..he ran the streets with fats waller and w.c. handy jr.. he wrote of watching the garvey parades from the roof of clayton powell senior's church abyssinian baptist church in the early 1920s. he eventually would become an all city track star and one of the first black student sat stayed to -- st. bonaventure high school where he would eventually learn a craft. heart him was at the heart of the jazz jazz age, the harlem renaissance. ottley was obsessed with musical theater, with the plays of broadway, with the jazz music. in the 1930s, in the years of the great depression, think these were formative years for him. he came back from school to help his family. he got a job in the city of new york's welfare department and bear witness first-hand the immense suffering of his enablers. and he also started writing. he started doing music and theater reviews for the amsterdam news in harlem and the parlayed that eventually into a regular column that covered all aspects of harlem life including a