Daniel Penny Is a Free Man, But the Regime Won

More than a year and a half ago I wrote about the Daniel Penny subway incident in the New York City subway. Now the ordeal is over, Penny has been found not guilty of all charges and is a free man. But everything I said in that initial article remains true, and the regime won.

First, here’s what I said:

There’s a very clear lesson to be learned here. You, as a normal citizen, can be robbed, raped, or murdered at will and our police won’t even lift a finger to do anything to prevent it, and usually not even arresting the criminal afterwards. And even when the criminal is arrested, his bail and jail sentence will be laughably low… That’s the bail violent rapists can expect in democratic America. But if you’re charged with a political crime, like protesting on Jan. 6, expect a bail in the hundreds of thousands of dollars.

Police won’t help you because that’s not their job. Police are simply security officers for the central party. Their duty is to provide personal security for our elites and arrest political dissidents, and that’s it.

Dafna Yoran, the prosecutor, is a radical neoliberal activist who staunchly advocates for “restorative justice,” which in practice, simply means giving light sentences to the most grotesque offenders.

Dafna Yoran

Yoran recently advocated on the behalf of murderer Matthew Lee, who killed Young Kun Kim, an 87 year old Asian American professor, and stole $300 while Kim was using an ATM. Thanks to Yoran’s efforts, Lee received only 10 years in prison, rather than a life sentence. Note that this light sentence wasn’t the result of some Crime and Punishment style display of remorse by Lee, it was simply on account of his race, and the race of his victim. As a “white adjacent” Asian, Kim was a historical aggressor imperialist, and as a black man, Lee was his victim. The fact that Lee bashed Kim’s brains in did not even enter into the equation.

Now apply Yoran’s world view to Penny’s case. Neely was a violent drug addict with an extensive criminal record threatening to kill people on the train, but that did not matter. Neely is a historical victim, and Penny, like Kim, is a historical aggressor imperialist. So the villain here is Penny, and can only be Penny.

As I said, in modern America, the police are simply political enforcers who punish crimes against the state and the ruling elites. No one and nothing else matters. The everyday citizen being in constant fear of being randomly attacked on the train or while using the ATM is “part and parcel” of living in a neoliberal democracy. In the eyes of the regime, the citizens living in fear is a good thing, because this keeps them docile and subservient.

For such a regime, it is absolutely necessary to brutally punish any private citizen who is perceived to have violated the state monopoly on violence by defending his own life or the lives of others. That was the crime of both Kyle Rittenhouse and Daniel Penny. It would have been preferable to to lock up Rittenhouse and Penny for their defiance against the regime, but dragging them through many months of confinement, fear, financial expense and reputational damage is enough.

And that’s why I say the regime won. The next person who sees a violent criminal on the NYC subway will remember what happened to Penny, and will likely just keep walking.

Ian Kummer

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