Stephen A. Crockett Jr.,
The Root•October 1, 2020
Only the president and America’s most crooked top cop could’ve thought that it was legal to launch a law enforcement commission that only included police and wasn’t open to the public.
Well, all that’s going to have to change as Senior U.S. District Court Judge John D. Bates in Washington, D.C., found that President Trump and Attorney General William P. Barr “violated federal law by failing to have a diverse membership and failing to provide public access to its meetings,” the Washington Post reports.
According to the Post, the judge ordered the commission to stop work, Thursday, although the commission had already sent a draft of the report and recommendations on improving American policing to Barr for release next month. Apparently, Trump and Evil Fred Flintstone believe that the police are the only ones who can help fix the police.
The stop work order was a response to a lawsuit from the NAACP Legal Defense and Education Fund (LDF), “which sought an injunction against the Presidential Commission on Law Enforcement and the Administration of Justice for violating laws on how federal advisory committees must work,” the Post reports.
“Especially in 2020,” Bates wrote, “when racial justice and civil rights issues involving law enforcement have erupted across the nation, one may legitimately question whether it is sound policy to have a group with little diversity of experience examine, behind closed doors, the sensitive issues facing law enforcement and the criminal justice system in America today,” the Post reports.
From the Post:
The 18-member commission was composed entirely of state and federal law enforcement officials, with no one from the civil rights, criminal defense, social work, religious or academic fields. Members were sworn in on Jan. 22, and then heard months of testimony by teleconference from experts in a variety of police, prosecutorial and social fields. The commission also formed 15 working groups, with more than 100 members, to draft sections of the report focusing on topics such as “Reduction of Crime,” “Respect for Law Enforcement,” “Data and Reporting” and “Homeland Security.”
The Federal Advisory Committee Act requires that a committee’s membership be “fairly balanced in terms of the points of view represented and the functions to be performed,” so that its recommendations “will not be inappropriately influenced by the appointing authority.” The working groups were also largely tied to policing, with only five of the 112 members not from law enforcement. After the suit was filed, the speakers who testified before the commission were more diverse in professional backgrounds.
Police groups lobbied Congress for years to form a commission that would take a comprehensive look at improving American policing, as a similar panel did in the 1960s, to devise new ways to fight crime and use technology to improve policing. When various bills stalled in Congress, Trump signed an executive order last October creating the group, with the president acknowledging the assistance of the Fraternal Order of Police and the International Association of Chiefs of Police in launching the project.
The law also requires that advisory committee meetings be open to the public, with notice posted in the Federal Register, along with a charter for the committee. The commission did not post a charter or meeting notices in the register, but did send out news releases announcing the virtual meetings as well as posting transcripts and recordings of the meetings. Reporters and others could dial in and listen to the teleconferences. A meeting which Barr held in June with the commission, on the same day Trump signed an executive order on police reform, was not announced and the Justice Department declined to release a transcript or recording.
Trump’s order called for the commission to submit its report and recommendations to the attorney general, who was then required to send his final report to the president by Oct. 28. The Justice Department planned to release it at the International Association of Chiefs of Police convention in late October, according to an email in the court file. Now, the report and the commission’s months of work are in limbo.
And it should be, but Natasha Merle, one of the LDF lawyers who argued the case, told the Post that she doesn’t think it is too late to have opposing viewpoints added to the report.
“We would say a seat at the table is allowing substantive comments, hearings and a new report, Merle said. “For there to be any real relief, to really get at the crux of the issue, you would have to incorporate these members’ viewpoints and put them into the report.”
The Post notes that the LDF sued Barr and the commission in April to stop them from compiling or submitting their report. The LDF argued in itsr lawsuit that the commission’s “recommendations will give more power and protection to law enforcement, reinvigorate tough-on-crime measures, and cut down on the rights of citizens.”
And what would give Merle that impression? Was it because the Justice Department had already sent out a detailed outline, before the lawsuit was filed to all of its members titled: “Respect for Law Enforcement and the Rule of Law”?
The outline recommends that the Justice Department “should work to correct the myth of excessive use of force by law enforcement officers” and “should play a leading role in correcting the narrative regarding the number of individuals incarcerated in the United States,” the Post reports.
The commission “had no intention of engaging in a thoughtful and open analysis” of the American justice system, “but was intent on providing cover for a predetermined agenda that ignores the lessons of the past,” John J. Choi, the Ramsey County, Minn., prosecutor where St. Paul is located, said after resigning from the commission last month.
Federal judge halts work of Trump's national law enforcement commission after NAACP complaint
Kevin Johnson, USA TODAY•October 1, 2020
A federal judge Thursday halted the work of a national law enforcement advisory commission authorized by President Donald Trump as part of a legal challenge to the group's composition and claims that it lacked representation from police reform and civil rights groups.
The order issued by U.S. District Judge John Bates comes weeks before the Presidential Commission on Law Enforcement and the Administration of Justice was due to deliver to Attorney General William Barr its findings on challenges facing local police.
While the The commission was directed to produce a "fresh evaluation of the salient issues affecting American law enforcement and the communities they protect," civil rights advocates claimed that it has served to support "unfounded yet repeated public assertions" by the president and the attorney general that there is lack of respect for police.
"That purpose is evident in the composition of the commission, which is stacked with members that are exclusively from a law enforcement background," the NAACP Defense & Educational Fund Inc. claimed in its initial complaint. "Not a single member of the commission is a defense attorney, criminologist or other relevant academic, public-health practitioner, mental health or addiction-recovery treatment provider, offender reentry coordinator, social worker, or formerly incarcerated individual."
The order issued by U.S. District Judge John Bates comes weeks before the Presidential Commission on Law Enforcement and the Administration of Justice was due to deliver to Attorney General William Barr its findings on challenges facing local police.
While the The commission was directed to produce a "fresh evaluation of the salient issues affecting American law enforcement and the communities they protect," civil rights advocates claimed that it has served to support "unfounded yet repeated public assertions" by the president and the attorney general that there is lack of respect for police.
"That purpose is evident in the composition of the commission, which is stacked with members that are exclusively from a law enforcement background," the NAACP Defense & Educational Fund Inc. claimed in its initial complaint. "Not a single member of the commission is a defense attorney, criminologist or other relevant academic, public-health practitioner, mental health or addiction-recovery treatment provider, offender reentry coordinator, social worker, or formerly incarcerated individual."
Attorney General William Barr stands by President Trump as he speaks to Kenosha County Sheriff David Beth and Kenosha Police Chief Daniel Miskinis Sept. 1, 2020 in Kenosha, Wis.
Bates, in a 45-page opinion, concluded that the government had not met its obligation to "ensure transparency and fairly balanced (committee) membership ... during this time of great turmoil over racial injustice and allegations of police misconduct."
"The attorney general stressed the need to hear from a diversity of backgrounds and perspectives such as “community organizations, civic leadership, civil rights and victim’s rights organizations, criminal defense attorneys, academia, social service organizations, and other entities that regularly interact with American law enforcement," Bates wrote. "Despite these stated goals, however, the commission’s membership consists entirely of current and former law enforcement officials."
The judge also took issue with the commission's proceedings, describing them as "far from transparent."
"Especially in 2020, when racial justice and civil rights issues involving law enforcement have erupted across the nation, one may legitimately question whether it is sound policy to have a group with little diversity of experience examine, behind closed doors, the sensitive issues facing law enforcement and the criminal justice system in America today," Bates wrote.
Bates, in a 45-page opinion, concluded that the government had not met its obligation to "ensure transparency and fairly balanced (committee) membership ... during this time of great turmoil over racial injustice and allegations of police misconduct."
"The attorney general stressed the need to hear from a diversity of backgrounds and perspectives such as “community organizations, civic leadership, civil rights and victim’s rights organizations, criminal defense attorneys, academia, social service organizations, and other entities that regularly interact with American law enforcement," Bates wrote. "Despite these stated goals, however, the commission’s membership consists entirely of current and former law enforcement officials."
The judge also took issue with the commission's proceedings, describing them as "far from transparent."
"Especially in 2020, when racial justice and civil rights issues involving law enforcement have erupted across the nation, one may legitimately question whether it is sound policy to have a group with little diversity of experience examine, behind closed doors, the sensitive issues facing law enforcement and the criminal justice system in America today," Bates wrote.
Protesters hold signs outside the Minneapolis 1st Police precinct during a demonstration against police brutality and racism on August 24, 2020 in Minneapolis, Minnesota. - It was the second day of demonstrations in Kenosha after video circulated Sunday showing the shooting of Jacob Blake -- multiple times, in the back, as he tried to get in his car, with his three children watching. (Photo by Kerem Yucel / AFP) (Photo by KEREM YUCEL/AFP via Getty Images)More
Siding with the NAACP, the judge said the commission's operations are governed by the Federal Advisory Committee Act (FACA), which requires a "fairly balanced" array of viewpoints to be aired in publicly-noticed, open meetings.
The government has argued that the law does not apply to the commission, but on Thursday the court rejected that position.
Until the provisions of the FACA are satisfied, the court ordered that all "commission proceedings be halted and no work product released..."
The Justice Department had no immediate comment Thursday.
The NAACP lauded the ruling as an "important step in the right direction."
"The country has been demanding accountability for police misconduct and violence, and clamoring for a re-imagined notion of public safety for many months following the police killings of George Floyd, Breonna Taylor, and countless other Black people," said Sherrilyn Ifill, the group's president and director-counsel. "Any federal committee designed to make recommendations about law enforcement must include representation from people and communities impacted by police violence, civil rights organizations, the criminal defense bar, and other stakeholders.”
Siding with the NAACP, the judge said the commission's operations are governed by the Federal Advisory Committee Act (FACA), which requires a "fairly balanced" array of viewpoints to be aired in publicly-noticed, open meetings.
The government has argued that the law does not apply to the commission, but on Thursday the court rejected that position.
Until the provisions of the FACA are satisfied, the court ordered that all "commission proceedings be halted and no work product released..."
The Justice Department had no immediate comment Thursday.
The NAACP lauded the ruling as an "important step in the right direction."
"The country has been demanding accountability for police misconduct and violence, and clamoring for a re-imagined notion of public safety for many months following the police killings of George Floyd, Breonna Taylor, and countless other Black people," said Sherrilyn Ifill, the group's president and director-counsel. "Any federal committee designed to make recommendations about law enforcement must include representation from people and communities impacted by police violence, civil rights organizations, the criminal defense bar, and other stakeholders.”
Exclusive: Trump policing panel was warned about secretive process before court ruling
Sarah N. Lynch, Reuters•October 1, 2020
President Donald Trump Delivers Remarks At Ny Police Event In Bedminster, New Jersey
By Sarah N. Lynch
WASHINGTON (Reuters) - Before a U.S. federal judge on Thursday halted the work of a Trump administration law enforcement commission - saying it had violated public meetings laws - the panel had been warned about shutting out public input by several of its own participants, internal records reviewed by Reuters show.
The commission had planned to deliver a slate of proposals recommending sweeping new powers for police shortly before the November presidential election, the documents show. It also called for bolstering due-process protections for officers accused of wrongdoing, according to draft proposals reviewed by Reuters.
But the secretive process to produce the planned report drew criticism from some law enforcement representatives helping draft the document, internal emails among the participants show. The order to halt the commission's work, from U.S. District Judge John Bates, came in response to a lawsuit filed by the NAACP Legal Defense and Educational Fund (NAACP LDF) alleging the commission failed to give notice of public hearings and allowed law enforcement groups to have undue influence.
The panel's 18 commissioners include federal, state and local law enforcement representatives, but no civil rights advocates, defense attorneys or big-city police officials.
Among the participants who warned the panel about its closed process was Fayetteville, North Carolina Police Chief Gina Hawkins, a commission member. In an May 11 email reviewed by Reuters, she told commission chairman Phil Keith that drafting recommendations without hearing from all sides created the appearance of a predetermined conclusion.
Then on Aug. 13, she complained the draft contained too many quotes from Trump and Barr, rather than experts who provided input to the commission, saying the work "should never be political."
Hawkins declined to comment. Keith did not respond to a request for comment.
Two local prosecutors assigned to smaller working groups that support the commission - John Choi of Ramsey County, Minnesota, and Mark Dupree of Wyandotte County, Kansas - wrote to the panel on May 29 expressing concern its recommendations would not sufficiently address "racial disparities in policing" and would "erode local prosecutorial discretion."
Choi has since asked for his name to be removed from the final report. He told Reuters the commission declined to give him access to recommendations being crafted by other working groups. Dupree did not respond to a request for comment.
The White House declined to comment on the panel's work or the court ruling, referring questions to the Justice Department.
Prior to Judge Bates' ruling on Thursday, Justice Department spokeswoman Kristina Mastropasqua declined to comment on the commission's work or the draft proposals reviewed by Reuters. Department spokeswoman Kerri Kupec declined to comment on the ruling after it was issued.
In unveiling the panel last year, Trump foreshadowed that it would produce a report that would be applauded by law enforcement. He told a conference of the International Association of Police Chiefs (IACP) in that the administration would begin immediately implementing the commission's best recommendations once it issued them.
"They'll have them soon," he said, "because most of them already know many of the answers before they begin; you understand that."
LACK OF ALTERNATIVE INPUT
Concerns about systemic racism in policing were not addressed in any of the draft sections of the document seen by Reuters.
The lack of diverse viewpoints prompted the NAACP LDF to sue the commission, Barr and top commission members, accusing them of violating the Federal Advisory Committee Act (FACA) by not providing notice of public hearings and stacking it with only law enforcement officials.
The government denied the civil rights group access to "a representative voice on the Commission," Bates wrote in his ruling on Thursday. The court ordered the panel to halt work and provide timely notice of meetings, and ordered Barr to appoint a federal official to ensure that the commission has a "fairly balanced membership." Bates barred the commission from publishing a report until it had complied with federal open meetings and transparency laws.
Amid complaints about a lack of diverse input, the commission actively sought the opinions of law enforcement insiders, commission records reviewed by Reuters show.
Tim Richardson, the lobbyist for the Fraternal Order of Police, the largest organization of sworn law enforcement, is not publicly named as a member of any group working on the draft. But an April 10 email reveals he was introduced as a member of a group developing the "Respect for Law Enforcement" chapter to others working on the chapter. His comments are cited in the footnote of an August draft to support a recommendation urging Congress to craft "a uniform minimal level of procedural due process" for police.
Richardson did not respond to requests for comment. The Justice Department said in court papers Richardson was not a member of the working group but was retained as an expert.
PROPOSING NEW POLICE POWERS
Draft proposals from the commission, obtained by Reuters through public records requests, offer a window into how Trump's Justice Department views the role of the law enforcement amid a national upheaval over police killings of Black men and women.
The commission started its work before the May killing of George Floyd in Minneapolis, which sparked nationwide protests against racism and police brutality. Attorney General William Barr in January said the commission would recommend best practices at a time when "criminal threats and social conditions have changed the responsibilities and roles of police officers."
The proposals included allowing officers accused of wrongdoing to view body camera footage before speaking to internal investigators; increasing funding for controversial facial recognition technologies; giving police access to encrypted cell phones; and increasing penalties for illegal immigration.
The draft recommendations also take aim at "progressive prosecutors" who advocate for eliminating cash bail and not charging low-level drug offenses.
Other recommendations urged Congress to bolster due process protections for police officers accused of wrongdoing and call on the Justice Department to regularly affirm support for "qualified immunity," a Supreme Court precedent that protects officers accused of injuring or killing suspects in civil lawsuits.
Many of the proposals calling for legislative action likely would not win support from a House of Representatives controlled by Democrats.
SECOND-GUESSING PROSECUTORS
An August chapter draft made multiple recommendations reflecting the administration's concerns that some locally elected prosecutors are going too easy on low-level offenders, such as those accused of marijuana possession. Among the proposed reforms including calling on states to establish oversight committees to review charging decisions.
"When a prosecutor unilaterally decides to not prosecute an entire category of crimes ... that prosecutor is usurping legislative authority," it says.
A draft chapter on technology calls for increased funding for facial recognition technologies, though a government-funded study last year found had higher rates of error in identifying African-American and Asian faces.
The draft also recommends a legislative fix to address recent concerns by the FBI, after it struggled to access the encrypted iPhone of a Royal Saudi Air Force trainee who killed three American sailors in a December attack at a U.S. naval base.
"Companies are building electronic devices and platforms that apply 'warrant-proof' encryption," a June draft chapter reads. "Those companies are blinding the nation to preventable attacks."
(Reporting by Sarah N. Lynch; Editing by Scott Malone and Brian Thevenot)
Sarah N. Lynch, Reuters•October 1, 2020
President Donald Trump Delivers Remarks At Ny Police Event In Bedminster, New Jersey
By Sarah N. Lynch
WASHINGTON (Reuters) - Before a U.S. federal judge on Thursday halted the work of a Trump administration law enforcement commission - saying it had violated public meetings laws - the panel had been warned about shutting out public input by several of its own participants, internal records reviewed by Reuters show.
The commission had planned to deliver a slate of proposals recommending sweeping new powers for police shortly before the November presidential election, the documents show. It also called for bolstering due-process protections for officers accused of wrongdoing, according to draft proposals reviewed by Reuters.
But the secretive process to produce the planned report drew criticism from some law enforcement representatives helping draft the document, internal emails among the participants show. The order to halt the commission's work, from U.S. District Judge John Bates, came in response to a lawsuit filed by the NAACP Legal Defense and Educational Fund (NAACP LDF) alleging the commission failed to give notice of public hearings and allowed law enforcement groups to have undue influence.
The panel's 18 commissioners include federal, state and local law enforcement representatives, but no civil rights advocates, defense attorneys or big-city police officials.
Among the participants who warned the panel about its closed process was Fayetteville, North Carolina Police Chief Gina Hawkins, a commission member. In an May 11 email reviewed by Reuters, she told commission chairman Phil Keith that drafting recommendations without hearing from all sides created the appearance of a predetermined conclusion.
Then on Aug. 13, she complained the draft contained too many quotes from Trump and Barr, rather than experts who provided input to the commission, saying the work "should never be political."
Hawkins declined to comment. Keith did not respond to a request for comment.
Two local prosecutors assigned to smaller working groups that support the commission - John Choi of Ramsey County, Minnesota, and Mark Dupree of Wyandotte County, Kansas - wrote to the panel on May 29 expressing concern its recommendations would not sufficiently address "racial disparities in policing" and would "erode local prosecutorial discretion."
Choi has since asked for his name to be removed from the final report. He told Reuters the commission declined to give him access to recommendations being crafted by other working groups. Dupree did not respond to a request for comment.
The White House declined to comment on the panel's work or the court ruling, referring questions to the Justice Department.
Prior to Judge Bates' ruling on Thursday, Justice Department spokeswoman Kristina Mastropasqua declined to comment on the commission's work or the draft proposals reviewed by Reuters. Department spokeswoman Kerri Kupec declined to comment on the ruling after it was issued.
In unveiling the panel last year, Trump foreshadowed that it would produce a report that would be applauded by law enforcement. He told a conference of the International Association of Police Chiefs (IACP) in that the administration would begin immediately implementing the commission's best recommendations once it issued them.
"They'll have them soon," he said, "because most of them already know many of the answers before they begin; you understand that."
LACK OF ALTERNATIVE INPUT
Concerns about systemic racism in policing were not addressed in any of the draft sections of the document seen by Reuters.
The lack of diverse viewpoints prompted the NAACP LDF to sue the commission, Barr and top commission members, accusing them of violating the Federal Advisory Committee Act (FACA) by not providing notice of public hearings and stacking it with only law enforcement officials.
The government denied the civil rights group access to "a representative voice on the Commission," Bates wrote in his ruling on Thursday. The court ordered the panel to halt work and provide timely notice of meetings, and ordered Barr to appoint a federal official to ensure that the commission has a "fairly balanced membership." Bates barred the commission from publishing a report until it had complied with federal open meetings and transparency laws.
Amid complaints about a lack of diverse input, the commission actively sought the opinions of law enforcement insiders, commission records reviewed by Reuters show.
Tim Richardson, the lobbyist for the Fraternal Order of Police, the largest organization of sworn law enforcement, is not publicly named as a member of any group working on the draft. But an April 10 email reveals he was introduced as a member of a group developing the "Respect for Law Enforcement" chapter to others working on the chapter. His comments are cited in the footnote of an August draft to support a recommendation urging Congress to craft "a uniform minimal level of procedural due process" for police.
Richardson did not respond to requests for comment. The Justice Department said in court papers Richardson was not a member of the working group but was retained as an expert.
PROPOSING NEW POLICE POWERS
Draft proposals from the commission, obtained by Reuters through public records requests, offer a window into how Trump's Justice Department views the role of the law enforcement amid a national upheaval over police killings of Black men and women.
The commission started its work before the May killing of George Floyd in Minneapolis, which sparked nationwide protests against racism and police brutality. Attorney General William Barr in January said the commission would recommend best practices at a time when "criminal threats and social conditions have changed the responsibilities and roles of police officers."
The proposals included allowing officers accused of wrongdoing to view body camera footage before speaking to internal investigators; increasing funding for controversial facial recognition technologies; giving police access to encrypted cell phones; and increasing penalties for illegal immigration.
The draft recommendations also take aim at "progressive prosecutors" who advocate for eliminating cash bail and not charging low-level drug offenses.
Other recommendations urged Congress to bolster due process protections for police officers accused of wrongdoing and call on the Justice Department to regularly affirm support for "qualified immunity," a Supreme Court precedent that protects officers accused of injuring or killing suspects in civil lawsuits.
Many of the proposals calling for legislative action likely would not win support from a House of Representatives controlled by Democrats.
SECOND-GUESSING PROSECUTORS
An August chapter draft made multiple recommendations reflecting the administration's concerns that some locally elected prosecutors are going too easy on low-level offenders, such as those accused of marijuana possession. Among the proposed reforms including calling on states to establish oversight committees to review charging decisions.
"When a prosecutor unilaterally decides to not prosecute an entire category of crimes ... that prosecutor is usurping legislative authority," it says.
A draft chapter on technology calls for increased funding for facial recognition technologies, though a government-funded study last year found had higher rates of error in identifying African-American and Asian faces.
The draft also recommends a legislative fix to address recent concerns by the FBI, after it struggled to access the encrypted iPhone of a Royal Saudi Air Force trainee who killed three American sailors in a December attack at a U.S. naval base.
"Companies are building electronic devices and platforms that apply 'warrant-proof' encryption," a June draft chapter reads. "Those companies are blinding the nation to preventable attacks."
(Reporting by Sarah N. Lynch; Editing by Scott Malone and Brian Thevenot)
No comments:
Post a Comment