DOJ Withdrawing Consent Decrees, Main Blow to Police Reform


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In information that may solely be described as disappointing however unsurprising, the Trump administration has introduced it would dismiss consent decrees designed to spur police reform in a number of cities across the nation. 

Based on AP, the Division of Justice’s Civil Rights Division introduced on Wednesday that it has initiated court docket filings asking judges to dismiss the consent decrees for a number of police departments, together with in Louisville, Kentucky, and Minneapolis. Moreover, the division will retract the findings of the investigations that led to decrees being issued within the first place. The DOJ can also be ending ongoing investigations into police departments in Phoenix, Memphis, New Jersey, and several other different cities 

The truth that this announcement comes simply days earlier than the five-year anniversary of George Floyd’s homicide shouldn’t be misplaced on anybody. 

“It’s our view on the Division of Justice Civil Rights Division underneath the Trump administration that federal micromanagement of native police needs to be a uncommon exception, and never the norm,” Assistant Lawyer Common Harmeet Dhillon, the present chief of the division, mentioned on Wednesday.

Consent decrees are authorised by a federal choose and have typically been used to spur police reform in cities the place misconduct, bias, and poor policing have confirmed to be endemic. As soon as a consent decree is reached and authorised by a choose, it permits for federal oversight to make sure that the affected police departments are following by way of on the reforms agreed upon within the decree. It needs to be famous that federal judges nonetheless must approve the dismissals, and the DOJ has to make a case for why the consent decrees needs to be thrown out. 

The factor that will get me is that it takes a considerable period of time and investigation for a consent decree to be issued within the first place. Whereas a consent decree was issued in Louisville after the police-related demise of Breonna Taylor, it got here 4 years after her demise and had but to be authorised by a choose earlier than the DOJ’s announcement. Equally, George Floyd’s homicide triggered an investigation into the Minneapolis Police Division, which additionally entered a consent decree three years after his demise.  

So it’s not like consent decrees had been simply being handed out left and proper with no diploma of course of, proof, or rigor. These investigations didn’t happen for no motive. At finest, folks had their rights violated, and at worst, folks really died. These reforms had been designed to enhance each group security and hopefully, police relations within the affected cities. 

In fact, that is the Trump administration we’re speaking about. They don’t need to remedy issues; they merely need to fake they don’t exist. If Black folks get screwed within the course of, even higher. 

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Kristen Clarke, the previous head of the Civil Rights Division underneath the Biden administration, despatched an announcement to AP vital of the transfer. She defended the standard of the investigations, saying they had been “led by profession attorneys, based mostly on information, physique digicam footage and data offered by officers themselves.”

“To wholesale ignore and disrespect these systemic violations, laid naked in well-documented and detailed public reviews, exhibits patent disregard for our federal civil rights and the Structure,” Clarke added. 

This transfer is according to steps the Trump administration took in its first time period when it restricted the division’s potential to examine police killings and potential civil rights violations. It wasn’t till 2021 when former Lawyer Common Merrick Garland lifted these restrictions that these newer consent decrees could possibly be reached. 

Whereas the federal authorities is doing its damndest to show again the clocks, leaders in a number of cities presently underneath consent decrees have acknowledged that this transfer doesn’t change their dedication to police reform. In a press convention on Wednesday addressing the DOJ’s transfer, Minneapolis Mayor Jacob Frey and Police Chief Brian O’Hara reaffirmed their dedication to the reforms established within the consent decree. 

“We are going to adjust to each sentence of each paragraph of the 169-page consent decree that we signed this yr,” Frey mentioned. “We are going to be sure that we’re transferring ahead with each sentence of each paragraph of each the settlement across the Minnesota Division of Human Rights, in addition to the consent decree.”

Louisville Mayor Craig Greenberg made an analogous assertion at a information convention on Wednesday. 

“We’re transferring forward quickly to proceed implementing police reform that ensures constitutional policing whereas offering transparency and accountability to the general public. I made a promise to our group, and we’re maintaining that promise,” Greenberg informed reporters. 

It’s a pleasant sentiment, however actions communicate louder than phrases. Whereas the Louisville Mayor issued the assertion, court docket paperwork present that the Louisville Metro Authorities didn’t oppose the DOJ’s movement to dismiss the consent decree, which might really assist the DOJ’s case. 

Solely time will inform if these cities will really proceed to honor their commitments or just slide again into their outdated methods. 

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